Presentation on theme: "Fiona Daffern HR User Group Meeting 23 March 2011"— Presentation transcript:
1 Fiona Daffern HR User Group Meeting 23 March 2011 Immigration updateFiona DaffernHR User Group Meeting 23 March 2011
2 Why changes?The Government’s manifesto stated its intention to reduce net immigration levels significantly from ‘hundreds of thousands’ to ‘tens of thousands’The Government consulted on changes last AutumnUCL, with others, submitted robust challengesHard lobbying has won some successesNew rules for people seeking to work in the UK will apply from 6 April 2011.
3 Tier 1Highly Skilled Worker and Post Study Worker routes are no longer availableNew exceptional talent route (for academics, scientists, engineers and artists) to be introducedReserved for ‘world leaders in their field, or potential leaders’Limit of 1000 places per annum, nationally (700 ‘scientists’: 300 ‘field of the arts’)Detailed workings of this are currently under review
4 Tier 1: Exceptional Talent Migrants will be endorsed by designated Competent Bodies who are expert within these fields, not sponsored by an employerThere will be no single definition of “exceptional talent”. Each Competent Body to set the criteria it will operate to select those who will qualify for endorsement and its procedures for receiving and processing requestsA list of Competent Bodies will be available on the UK Border Agency website shortly (aiming to set up in April)In 2011/12, the Exceptional Talent visa will only be available to those applying from outside the UK
5 Tier 1 – additional requirements Entry requirementMust be endorsed by a designatedCompetent Body.• No English language ormaintenance requirement.Extension requirementsIntermediate level English.• Must be economically active in theirfield of expertise.Grants of leave3 years and 4 months initial grant.• 2 year extension
6 Tier 2 Certificate of sponsorship (CoS) criteria, either on the shortage occupation list, orthe Resident Labour Market Test (RLMT) is met (except for posts attracting a salary of £150k+ or named researchers on a grant)RLMT requirement:Advertising requirements unchangedthe post is on the graduate occupations list, andthe minimum salary requirements for the post are met
7 Unrestricted CoSNo annual limit set against this category. UCL will be allocated a number of CoS on an annual basis, HR Department will continue to issue, as per the current systemUnrestricted category includes:Tier 2 migrants extending their stay with their original employerTier 2 migrants with valid leave switching employerThose already admitted in another category and switching to Tier 2Those filling a vacancy on salary of £150k+
8 Restricted CoS This is for all out of country/new applications. There are 20,700 places per annum, nationally, allocated on a monthly basis. The first month (April 2011) will have 4,200 places available, thereafter 1,500 per monthEach month UCL must apply to UKBA for permission to issue a restricted CoS. If there are 1500 applications or less nationally all will be granted, subject to meeting the criteria. Where more than 1500 applications are received they will be ranked according to the following criteria:
9 Points Table Route Points Salary Shortage Occupation List 75 £20,000 to £20,9992PHD level posting and RLMT50£21,000 to £21,9993RLMT30£22,000 to £22,9994£23,000 to £23,9995£24,000 to £24,9996£25,000 to £25,9997£26,000 to £26,9998£27,000 to £27,9999£28,000 to £31,99910£32,000 to £45,99915£46,000 to £74,99920£75,000 to £99,99925£100,000 to £149,999Minimum 32 points required
10 Restricted CoS (Cont)Any unallocated CoS will be carried over to the next month for allocationAny applications that are not granted, will not automatically be considered the next month but must be resubmittedThere is some small flexibility on the part of UKBA around the 1500 allocations per month
11 Visa requirementsA valid CoS, must be issued by UCL within 3 months of the restricted CoS being approved by UKBAThe applicant must apply for entry clearance within 3 months of the CoS being issuedEnglish language has been raised to intermediate level B1 on the Common European Framework of Reference for languagesMaintenance remains unchanged. Currently £800 + £533 per dependent in the individual’s bank account for 3 months70 points in total are required to gain a visa:Valid CoS 30 pointsSalary met 20 pointsMaintenance 10 pointsB1 English level language 10 points70 points
12 Other RoutesTier 4 Students at universities and publicly funded further education colleges will retain their current work rights, but all other students will have no right to work. Restrictions will be placed on work placements in courses outside universitiesTier 5There will be a consultation after the May elections on settlement and Tier 5 (covering temporary workers and youth mobility)Academic VisitorsThere are no current proposed changes
13 Workers Registration Scheme From 1 May 2011, people from the A8 countries will no longer have to register under the Worker Registration Scheme if they wish to work for an employer in the United Kingdom for more than one month:Czech Republic; Estonia; Hungary; Latvia; Lithuania; Poland; Slovakia or SloveniaThe current work permit arrangements for Bulgarian and Romanian staff remain in place for now
14 The Future?It is anticipated that in the autumn UKBA and the Migration Advisory Committee (MAC) will be looking again at how well the system is working in practice, considering both the structure and the numbersThere is a possibility that the RLMT will be reviewed for academic jobs in the not-too-distant future. UKBA are also looking at the moment at how to deal with visiting lecturers The government has also pledged to ‘develop a new entrepreneur route for bright and innovative students who have a business idea and want to make it work in the UK’
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