APPENDIX 12: THE NEW POINTS-BASED SYSTEM
In early 2008, the Government began to phase in a
new "points-based" system for managing the migration
of non-EEA nationals to the UK.[88]
Importantly, the immigration of family/dependants and asylum seekers/refugees
will remain outside the new system. Students are included. The
planned new system will have five Tiers:
Tier 1: Highly skilled migrants (launched in
the first quarter of 2008)
Tier 2: Skilled migrant workers (to be launched in the third quarter
of 2008)
Tier 3: Low-skilled workers (currently no programmes planned)
Tier 4: Students (early 2009)
Tier 5: Youth mobility and temporary workers (third quarter of
2008)
In contrast to Australian and Canadian points-systems,
none of the permits issued under the UK's new system will grant
migrants permanent residence immediately upon arrival in the UK.
Tiers 1 and 2 can lead to permanent settlement, while Tiers 3
and 5 are strictly temporary routes of immigration. Tier 4 for
students is also a temporary route of immigration but migrants
may switch to Tier 1 or 2 (which can lead to permanent settlement).
All migrants entering the UK under Tiers 2-5 will require a licensed
sponsor (employer or educational institution) in the UK. Sponsors
will have a number of responsibilities including notifying the
Home Office if the migrant worker/student does not turn up for
work or study. Except for investors (a sub-category of Tier 1),
all migrants entering the UK under Tier 1 and 2 must prove their
competence in English.
Tier 1
Tier 1 for highly skilled migrants is the only part
of the new system that partially resembles the points-systems
in Australia and Canada. As explained in a "Statement of
Intent" published in December 2007 by the Home Office, Tier
1 will operate different criteria for "general" (highly
skilled) migrants, entrepreneurs, investors, and students who
wish to take up employment after finishing their studies in the
UK. Under the "general" category, points will be awarded
for qualifications (max 50 points), previous earnings (45 points),
age (20 points) and for whether or not previous earnings or qualifications
were obtained in the UK (5 points). The pass mark is 75 points.
Table 1 shows how points will be awarded under the "general"
sub-category of Tier 1.
Table 1
Highly Skilled tier, General sub-category
The Government started phasing in the regulations
for Tier 1 in late February 2008. The Home Office explains: "Any
highly skilled foreign nationals currently working in Britain
who want to extend their stay will need to apply under the new
system. In April, the new system will begin to be rolled out overseas
when anyone from India who wants to work in the UK as a highly
skilled migrant will need to apply under PBS. By the summer the
new highly skilled system will operate worldwide".[89]
Tier 2
Tier 2 for skilled migrants builds on the current
main work permit system. All jobs advertised for Tier 2 permits
need to require a minimum skill level of NVQ3 or equivalent. All
applicants under Tier 2 need to have a job offer from an employer
who is licensed by the Border and Immigration Agency as an approved
sponsor. Applicants also need to prove their competence in English.
As explained in Table 2 below, four routes have been proposed—three
direct routes and one indirect route—to gain a work permit
under Tier 2 (the regulations are still being finalized).
Table 2
Description of possible Tier 2 (pass mark
= 50 points)
Source: Migration Advisory Committee 2008, 'Preliminary
comments on data and methodology', published in January 2008
Tier 3
Under the Government's current plans, Tier 3 is not
to be used initially as employers are expected to meet all their
low-skilled vacancies with workers from within the EEA. The existing
low-skilled programmes for non-EEA nationals have been phased
out.
Migration Advisory Committee (MAC) and Migration
Impacts Forum (MIF)
Two new bodies have been set up to advise the Government
on immigration. The Migration Impacts Forum (MIF) advises the
Government on social and local impacts of immigration. The Migration
Advisory Committee (MAC) is a non-departmental public body made
up of independent labour market and migration economists. The
MAC was set up to provide transparent, independent and evidence-based
advice to the Government on where skilled labour market shortages
exist that can "sensibly" be filled by migration. The
Government has also stated that it may, from time to time, ask
the MAC to advise on other matters relating to migration.
The MAC's current remit is limited to producing the
shortage occupations list for Tier 2. The Government asked the
MAC to produce a list for the UK as a whole, and a separate list
for Scotland only. The first shortage occupation list will be
published in June 2008, in time for the launch of Tier 2 later
this year.[90]
88 See
http://www.bia.homeoffice.gov.uk/managingborders/managingmigration/apointsbasedsystem/ Back
89
See http://www.bia.homeoffice.gov.uk/sitecontent/newsarticles/newpbsbegins
Back
90
See Migration Advisory Committee 2008, 'Preliminary comments on
data and methodology', published in January 2008 Back
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