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Points-based immigration system
HR User Group 16 June 2008 Points-based immigration system This is a very brief overview – mainly to bring to your attention that there are significant changes on the way….
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Points-based immigration system (PBIS)
New system Autumn 2008 Replaces current work permit system Implications for staff and student recruitment In Autumn 2008 – anticipate October or later – the work permit scheme will be abolished and will be replaced by Tier 2 of the new points-based immigration system. Tier 2 is one of five new tiers and relates to skilled workers Bob Carey in HR Consultancy is leading on reviewing HR processes to ensure we are ready for the changes; a UCL Points-Based Immigration System Working Group has also been meeting with a lot of focus on the student-related issues which arise out of this. I will not cover this, but as DAs you will be involved in UCL discussions on the student systems and changes (these will not be implemented until Spring 2009).
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Under PBS employers will need to ……
Register as sponsors Issue ‘virtual’ Certificates of Sponsorship to migrants they wish to employ Adhere to strict requirements relating to record-keeping, reporting and compliance Registration This needs to be done once we are satisfied that out HR processes are sufficiently robust to comply with the requirements of the UK Borders Agency. The requirements are set out on their website in a detailed document called the ‘Tier 2 Statement of Intent’ Bob will be liaising with you over the next couple of months to explain proposed changes and the reasons for this. We anticipate for the most part that this will be a tightening up of current procedures, but clearly we will need to replace our current processes for work permits with new processes that meet the new scheme requirements PBS requirements Include specified pre-employment checks; ensuring employed migrant staff records are up-to-date; procedures to monitor unauthorised absences and contact details
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English language requirement Resident Labour Market test
Some features of PBS English language requirement Resident Labour Market test Maintenance funds Certificates of sponsorship can only be issued whether an employer is satisfied that a migrant applicant has the relevant skills and qualifications to score sufficient points to exceed the thresholds they will set. Migrants applying under Tier 2 will need to prove they speak English. They must come form a country that is regarded as a majority English-speaking country or provide evidence they have a degree that was taught in English or have passed an English language test The RLMT will still apply – i.e. there must be a genuine skilled vacancy which cannot be filled by someone from the UK or EU. The level of advertised salary is important as is the compliance with advertising requirements (similar to the current work permit arrangements). Points are also awarded for evidence that the migrant has sufficient funds to maintain themselves and their dependents for the first month (at least £800 plus £533 for each dependent)
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PBIS – any queries or comments?
Bob Carey (HR Consultancy) x33734
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