New UK changes to managed migration

New UK changes to managed migration

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By Taffy Nyawanza

THE just-ended Labour party conference in Brighton will be remembered, not for the ongoing saga of the Blair-Brown tussle for power, but the theatrical incident of the 82 year old German immigrant and activist, Walter Wolfgang frog marched out of the conference for heckling Jack Straw.

The incident made the headlines and was a talking point for days. Labour critics capitalised on this incident which played out in the glare of the world media and were quick to paint a picture of growing intolerance for dissent within the Labour government. I only refer to this incident in view of the on-going consultative process for a new UK migration policy.

Let me explain. On 19 July 2005, the Home Office launched a 16-week formal consultation outlining the way in which the managed migration system might operate and inviting stakeholders and members of the public to respond to a questionnaire. The consultation is contained in the document: 'Selective Admission: Making Migration Work for Britain'. The questionnaire which is part of the document is about 20 pages long and contains 38 questions. The deadline for responses is 7 November 2005. Please click HERE FOR DETAILS.

According to the UK government, the overall aim of the proposals is to introduce “a managed system, in which simple, objective tests of desired attributes and risk factors could be applied speedily, supported by good information about outcomes, recognised sponsors, and bonds where necessary. IND and Ukvisas staff should then be able to spend less time on assessing intentions and more on checking sponsors and monitoring outcomes. This would be supported by the introduction of electronic departures checking, and more widespread use of biometric data.”

Whichever way you look at them however, these proposals are some of the most sweeping and wholesale changes to the UK managed migration regime since Labour came to power in 1997. There are some that believe that these changes are a sign of a government succumbing to the influence of opinion polls and the strident voice of the powerful English media.

Some of the most radical of these new measures include;

1 A Five Tier, points based system categorizing migrants according to their skills or occupations

2 Making the employment of illegal workers a criminal offence punishable by a fixed penalty and up to two years imprisonment

3 Auctioning” of tier 2 (e.g. Senior Carers) Work Permits with employers “bidding” for Work Permits on a monthly basis to test the economic value of migrant labour

4 End to automatic right for residency for certain categories of migrants

5 An end to chain migration, meaning that there will be no immediate or automatic right for relatives to bring in more relatives

6 An end to appeals when applying from abroad to work or study.

7 An independent labour market advisory group which will 'take the politics' out of identifying the skills gaps in the UK labour market

8 New mechanisms for enhanced control

The tier system is perhaps the most far-reaching of these changes. The tiers proposed are organised as follows:

Tier 1: Highly skilled individuals to contribute to growth and productivity.

Tier 2: Skilled workers with a job offer; and workers to meet specific requirements.

Tier 3: Limited numbers of workers to fill low skill shortages.

Tier 4: Students.

Tier 5: Other temporary categories: visiting workers, selected development schemes and youth mobility/cultural exchanges.

Under the proposed scheme only Tier 1 and 2 migrants will be allowed to apply for permanent residence after five years, increased from four. Apart from the residence requirement, immigrants would also have to pass language and knowledge of UK life tests.

Quite a number of Zimbabweans come to the UK to study. They will fall into Tier 4. To be fair, there are some advantages in parts of the proposed scheme for both international students and institutions. The current system of assessment for entry clearance and Leave To Remain (LTR) is at best inconsistent. One of the requirements for obtaining entry clearance as a student for instance is the requirement to show ‘an intention to leave’ at the completion of the studies. How anyone is expected to prove this is anybody’s guess. The Government’s own instructions to its personnel charged with this duty, which are contained in Diplomatic Service Procedures acknowledge that; “assessing an applicant's intention to leave the UK after completing a course of study can be the most difficult aspect of an application for the ECO.”

Under the proposals, every student application, overseas or in the UK, will need to be accompanied by a certificate of sponsorship from a bona fide educational establishment which links the issuing of the entry clearance or leave to remain to a specific course at a specific institution. To be eligible to issue certificates of sponsorship, institutions will be required to ‘help with the effective management of the system by letting the Home Office know if a student did not show up, and if they weren’t attending their course.’

Where there is evidence of previous abuse, migrants from higher risk countries or visa categories would be required to deposit a financial bond, which would be forfeited if they do not leave at the end of their stay. This has caused the most controversy. UKCOSA, the Council for International Education, is on record as saying that there is “…no advantages whatsoever in a system of ‘bonds’. Legitimate international students will not have access to this additional scale of funding, those from developing countries will be priced out of the system as well as many of those on scholarships.”

Interesting too are the proposals to support the mechanisms for enhanced controls by use of biometrics. The UK government has denied charges of erecting insurmountable barriers and creating Fortress Britain. For a lot of people, these denials will be hard to believe, especially in view of the controversial proposal to end the right to appeal when applying from abroad to work or study.

On the 5th of September, the Home Office held a briefing in London with industry practitioners as part of the on-going consultation process. Tony McNulty, the Minister for Immigration Citizenship and Nationality called for a “grown up debate” on immigration and a “balanced” migration policy.

In a heated question and answer session, several members of the audience voiced their concerns over the government’s proposals including plans to remove the right of appeal against visa refusals. Tony McNulty said that he was “very comfortable with no right of appeal as nobody has the absolute right to come to this country to work or study”.

A senior practitioner, Charles Kelly who runs an Immigration and Healthcare Recruitment practise in Borehamwood and Earls Court which helps hundreds of employers obtain Work Permits for Nurses, Carers, Chefs, IT Staff and Managers, and author of the self-help book, "HOW 2 COME TO THE UK to Live Work Study or Visit" believes the proposed new rules are designed to encourage higher skilled migrants such as Doctors, and Science graduates, but discourage workers from outside the EU not deemed to be “highly skilled” for instance Senior Carers seeking work in the care sector or Chefs and Waiters in the catering industry.

Charles explains: “Whilst every country in the world wants to attract the top talent and graduates, we must not forget that employers in industries such as the care sector are still finding it difficult to find workers willing do the ordinary but equally important jobs like caring for the elderly”.

Charles advises: “anyone wishing to employ a Senior Carer or extend the Work Permit of an existing worker should apply as soon as possible. An employer could even find themselves in the unfortunate situation where, due to changes in the rules, they can no longer employ a Chef or Senior Carer who has worked with them for two or three years. Certain categories of lower skilled migrants already in the UK may also find it difficult to obtain indefinite leave to remain (permanent residency) after working in the UK for four years or more.”

Charles urges anyone who may fall into this group to consult an adviser whilst there is still time. He urges employers to respond to the consultation document, which comes in the form of a booklet with a comments section at the back. “If you have views on the subject now is the time to make them count, as there will be no use complaining after the event. This is a public consultation and the full document is available on www.homeoffice.gov.uk.”

My own advice to affected persons, and the Zimbabwean community in the UK, is to respond to the on-going consultation process by answering the questionnaire in order to contribute to shaping policy, and to attend roadshows if they come to a place near to you. Only remember not to heckle a government minister.

Taffy Nyawanza is accredited by the OISC and writes in his personal capacity. He can be contacted at profettaffy@yahoo.co.uk

Disclaimer: This article only provides general information and guidance on immigration law. It is not intended to replace the advice or services of a solicitor. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. The writer will not accept any liability for any claims or inconvenience as a result of the use of this information
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