1. Fiona Daffern HR User Group Meeting 23 March 2011
Immigration update
Fiona Daffern
HR 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 Autumn
UCL, with others, submitted robust challenges
Hard lobbying has won some successes
New rules for people seeking to work in the UK will apply from 6 April 2011.

3. Tier 1
Highly Skilled Worker and Post Study Worker routes are no longer available
New exceptional talent route (for academics, scientists, engineers and artists) to be introduced
Reserved 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 employer
There 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 requests
A 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 requirement
Must be endorsed by a designated
Competent Body.
• No English language or
maintenance requirement.
Extension requirements
Intermediate level English.
• Must be economically active in their
field of expertise.
Grants of leave
3 years and 4 months initial grant.
• 2 year extension

6. Tier 2 Certificate of sponsorship (CoS) criteria, either
on the shortage occupation list, or
the 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 unchanged
the post is on the graduate occupations list, and
the minimum salary requirements for the post are met

7. Unrestricted CoS
No 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 system
Unrestricted category includes:
Tier 2 migrants extending their stay with their original employer
Tier 2 migrants with valid leave switching employer
Those already admitted in another category and switching to Tier 2
Those 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 month
Each 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 £20,999 2
PHD level posting and RLMT 50
£21,000 to £21,999 3
RLMT 30
£22,000 to £22,999 4
£23,000 to £23,999 5
£24,000 to £24,999 6
£25,000 to £25,999 7
£26,000 to £26,999 8
£27,000 to £27,999 9
£28,000 to £31,999 10
£32,000 to £45,999 15
£46,000 to £74,999 20
£75,000 to £99,999 25
£100,000 to £149,999
Minimum 32 points required

10. Restricted CoS (Cont)
Any unallocated CoS will be carried over to the next month for allocation
Any applications that are not granted, will not automatically be considered the next month but must be resubmitted
There is some small flexibility on the part of UKBA around the 1500 allocations per month

11. Visa requirements
A valid CoS, must be issued by UCL within 3 months of the restricted CoS being approved by UKBA
The applicant must apply for entry clearance within 3 months of the CoS being issued
English language has been raised to intermediate level B1 on the Common European Framework of Reference for languages
Maintenance remains unchanged. Currently £800 + £533 per dependent in the individual’s bank account for 3 months
70 points in total are required to gain a visa:
Valid CoS 30 points
Salary met 20 points
Maintenance 10 points
B1 English level language 10 points
70 points

12. Other Routes
Tier 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 universities
Tier 5
There will be a consultation after the May elections on settlement and Tier 5 (covering temporary workers and youth mobility)
Academic Visitors
There 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 Slovenia
The 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 numbers
There 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’

15. Any questions?