Employment of Migrant Workers

- July 2010

Rachel Newnham & Tanya Robinson (HR)

Tier 1 – Post Study Workers

Allows the UK to retain the most able international graduates who have studied here

No restrictions on work Offer of employment not required to apply Maximum of 2 years PSW holders can switch to the Tier 2 category

(after 6 months) without need of satisfying the resident labour market test, provided there is a suitable Code of Practice

Migrant worker has responsibility for application

Tier 1 – Highly Skilled Migrants

Highly skilled workers No restrictions on employment Offer of employment not required to apply Maximum of 2 years (extensions are possible) Granted on a points-based system (calculator

available online) Criteria are increasingly difficult to satisfy Migrant worker has responsibility for application

Tier 2 - General

Replaced old work permit scheme Allocated on a points-based system (calculator

available online) Rigid advertising criteria (other than named

researchers) Up to 3 years (extensions are possible) Individual is confined to one role and may not

transfer (without the need for a new CoS/visa) Employer must sponsor the individual who then

makes a visa application

Tier 4 - Student Visas

Restricted to 20 hours during term-time Able to switch to Tier 1 PSW or Tier 2 (with

sponsorship) Specific points at which Masters and PhD

students are deemed to have completed their course

Upon completion of course, may work up to four months on a full-time basis, pending a new visa application (only if expiry date of existing visa allows)

Tier 5 – Government Authorised Exchange Replaced the old Sponsored Researchers work permit

scheme Allocated on a points based system Not to be used to fill job vacancies HEI’s can sponsor individuals for up to 2 years Switching is not allowed in or out of the GAE category Used primarily for sponsored researchers who are:

Employed by an overseas higher education institution Undertaking ‘funded’ research as part of a formal research

project hosted (but not necessarily funded) by a UK research institution

Working (as a researcher) under the full or partial control of the institution which will directly benefit from the research

[Sponsored Researchers can be funded from sources in the UK or overseas.]

Employer must sponsor the individual who then makes a visa application

Tier 5 – Creative & Sporting This category is for people coming to the

UK to work or perform as entertainers or creative artists for up to 12 months

Primarily used by Lakeside Arts Centre

Dependants

May be dependant of a student, a Tier 2 holder etc.

Take care not to confuse with a student visa Any restrictions on work are specified on the card

or passport vignette, usually able to work without restrictions

Bulgarians & Romanians

Do not confuse with other Accession State nationalities e.g. Poland who can enter and work, provided they register for work

Bulgarians and Romanians require a Work Permit and a Worker Accession Card

Sponsor Responsibilities – Tier 2 Sponsors have specific responsibilities to

report to the Home Office:

Significant changes to roles and responsibilities Leavers Any unauthorised absence

Additional Responsibilities (All Migrant Workers) Sponsors are required to carry out certain

monitoring and record keeping duties of all current migrant workers, these include:

Maintaining up-to-date contact details Annual check of eligibility to work in the UK

What’s the Cost?

School/Deptto pay

Migrant to pay

Certificate of Sponsorship

Postal Application within the UK

Application in person within the UK

Applying from outside the UK

Tier 1 (PSW) n/a £550 £800 £315

Tier 1 (Highly Skilled)

n/a £840*# £1,095*# £690*#

Tier 2 (General) £170 £475*# £730*# £270*#

Work Permit (Romanians & Bulgarians)

n/a No charge for consideration of work permit application or subsequent BR3 (Worker Accession Card application)

Tier 5 (Government Authorise Exchange

£10 £128*# £578*# £128*#

Settlement (for Tier 1, Tier 2 and Work Permit Holders (but not T1 PSW))

n/a £840* £1,095* n/a

* Plus additional fees for dependants# Reduced fees for nationals of Croatia, Turkey and FYR of Macedonia

Resident Labour Market Test

Candidates requiring a Tier 2 visa vs. candidates from within the EEA

What does the resident labour market test ask us to demonstrate?- that no suitably qualified settled worker can fill the job (post must be advertised to settled workers for 28 calendar days using the advertising methods permitted by the code of practice for the sector or job)

Tier 2 vs. Tier 1 (HSW)

Pros and cons for both Tier 2 represents the greatest cost to the UON and is

restricted to a specific role Tier 1 (HSW & PSW) are not restricted to a specific role Tier 1 (HSW) is increasingly hard to obtain and expensive Tier 1 (PSW) – applications are time-bound, so may not be

suitable to all Tier 1 (HSW) requires migrants to have £800 maintenance

funds at all times over a period of 3 months immediately before applying (£2,800 if outside UK)

Tier 2 migrants do not have to prove maintenance (A rated Sponsors can certify)

Annual AllocationCurrent Annual Allocation (valid from November 2009 until 30 November 2010)

T2 (General) T5 (Government Authorised Exchange)

T5 (Creative & Sporting)

Limit 150 25 20

Assigned to date (at 30/06/2010)

60 14 3

Remaining 90 11 17

Figures for 1 August 2009 – to date (30 June 2010)

T2 67

T2X 25

TOTAL 92

Old System (01/08/08 – 30/11/08)

WP1X 12

WP1 36

New System (01/12/08 – 31/07/2009

T2 (CoS) 41

T2X (CoS) 21

TOTAL 110

Analysis of CoS Applications by Faculty

01/12/2008 – 30/06/2010 - Tier 2 Applications (New & Extensions)

Faculty No

Engineering 54

Science 52

Medicine 21

Law & SocialSciences

18

Arts 5

Humanities 4

Education 1

TOTAL 155

Temporary Cap on Non-EU Migration (wef: 19/07/2010)

The temporary limit is aimed solely at Tiers 1 and 2, which cover highly-skilled and skilled workers (and is subject to exceptions).

For Tier 2 (General), it seems likely that this will be managed via allocation of Certificates of Sponsorship to employers. We can certainly expect any application in the future for additional CoS to be more difficult and may see the reduction in existing CoS allocation.

For Tier 1, all pending applications should be assessed and prepared speedily if there are likely to be difficulties in a candidate satisfying the additional points needed.

However the temporary cap is imposed, it is inevitable that education institutions will need to plan recruitment carefully so that CoS's can be issued to priority new staff or other immigration routes explored.

Tier 1 – Temporary Limit There will be a limit of 5,400 applicants within Tier 1 until April

2011. This is equivalent to the same period in 2009 and so it is thought that this measure will not result in a reduction in Tier 1 migrants.

The Home Secretary confirmed that the new limit will not affect applicants who are within the Post-Study categories. It will also not affect applications from individuals already in the UK.

The number of points required for an initial Tier 1 (General) application has increased from 95 to 100.

In cases where applicants would pass the criteria, but the limit of applications has already been reached, the application will be re-allocated to the next period (i.e. April 2011) for consideration.

For more details see: http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/27-intro-limit-for-t1-pbs

Tier 2 – Temporary Limit

The temporary limit on migrants through the Tier 2 route will be 18,700. This is a reduction of 1,300 compared to the 2009 figures and accounts for the headline 5% reduction across Tiers 1 and 2 combined.

The limit will only apply to Tier 2 (General) route.

We understand that the UKBA will be issuing detailed guidance on how the limit will operate at a later date. It seems likely that the number of Certificates of Sponsorship used by authorised sponsors will be limited to reflect the reduction.

For more details see: http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/28-intro-limit-for-t2-pbs

Permanent Cap on Non-EU Migration

The permanent cap will begin in April 2011 for the 2011/12 financial year.

The government plans to consult over how a limit on immigration should work.

Other News … The UKBA is changing the name of identity cards

for foreign nationals to Biometric Residence Permits (BRPs) with immediate effect. There will be no change to the card. Existing cards will remain valid while the conditions of the card are still being met.

Compulsory English language tests will be introduced for non-EU migrants applying to come to the UK to join or marry their settled partner.

Further Information

Managing Migrant Workers - http://hr.nottingham.ac.uk/managingmigrantworkers Working in the UK Schemes - http://hr.nottingham.ac.uk/workingintheuk Points Based Calculator - http://www.ukba.homeoffice.gov.uk/pointscalculator Information for International Staff -

http://www.nottingham.ac.uk/jobs/applyingfromoverseas/ UKBA Tier 1 (PSW) -

http://www.ukba.homeoffice.gov.uk/workingintheuk/tier1/poststudy/ UKBA Tier 1 (HSW) -

http://www.ukba.homeoffice.gov.uk/workingintheuk/tier1/general/ UKBA Tier 2 (General) -

http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/ UKBA Tier 5 (GAE) -

http://www.ukba.homeoffice.gov.uk/workingintheuk/tier5/governmentauthorisedexchanged/

Work Permit Scheme (Romanians & Bulgarians) - http://hr.nottingham.ac.uk/display.aspx?id=1199&pid=237

Worker Registration Scheme - https://hr.nottingham.ac.uk/display.aspx?id=1206&pid=237

Settlement - http://www.ind.homeoffice.gov.uk/settlement/ UK Visas - http://www.ukvisas.gov.uk/en/

Case Studies

Marie Curie & KTP

Maintenance Funds

Codes of Practice

Timing

Significant changes to roles and responsibilities

Any Questions?