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Employment of Migrant Workers - July 2010

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

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Employment of Migrant Workers - July 2010

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  1. Employment of Migrant Workers- July 2010 Rachel Newnham & Tanya Robinson (HR)

  2. 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

  3. 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

  4. 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

  5. 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)

  6. 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

  7. 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

  8. 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

  9. 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

  10. Sponsor Responsibilities – Tier 2 • Sponsors have specific responsibilities to report to the Home Office: • Significant changes to roles and responsibilities • Leavers • Any unauthorised absence

  11. 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

  12. What’s the Cost? * Plus additional fees for dependants # Reduced fees for nationals of Croatia, Turkey and FYR of Macedonia

  13. 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)

  14. 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)

  15. Annual Allocation Current Annual Allocation (valid from November 2009 until 30 November 2010)

  16. Analysis of CoS Applications by Faculty 01/12/2008 – 30/06/2010 - Tier 2 Applications (New & Extensions)

  17. 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.

  18. 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

  19. 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

  20. 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.

  21. 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.

  22. 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/

  23. Case Studies • Marie Curie & KTP • Maintenance Funds • Codes of Practice • Timing • Significant changes to roles and responsibilities

  24. Any Questions?

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