UK Employers

The government yesterday published a draft version of its immigration and citizenship Bill.  Back in February we reported the government’s Green Paper Path to Citizenship.  The consultation period announced then closed at the end of May.   The Bill’s consultation period now begins.  If the timetable announced in February is met the Bill will commence its passage through parliament at the end of this year. 

The UK Borders Agency (the “UKBA”) yesterday  published a new policy in the light of the HSMP Forum’s successful application for judicial review of the changes to the qualifying criteria for extensions of leave to remain under the Highly Skilled Migrant Programme (“HSMP”). 

The European Parliament’s Commission on Petitions has decided that a petition questioning the correctness of the United Kingdom’s “transposition” of Article 16 of Directive 2004/38/EC (the “Citizens’ Directive) is admissible.   Article 16 of the Citizens’ Directive gives nationals of the European Union  the right to reside permanently in member states in which they have resided for five years. “EEA nationals” (nationals of the European Economic Area) are citizens of the European Union as well as nationals of Norway, Iceland, Liechtenstein and Switzerland.

Back in May of 2007 on this site we reported that the Border and Immigration Agency (the previous title of what is now the UK Borders Agency or the UKBA) was refusing applications by Iraqi, Nepalese, Sudanese and Filipino doctors (among others) for leave to enter or to remain in the UK under the Highly Skilled Migrant Programme.  The United Kingdom National Academic Recognition Information Centre (UKNARIC) was appointed by the BIA to decide whether qualifications (including doctors’ undergraduate degrees in medicine) awarded by universities in the applicants' own countries were equivalent to the UK standard.  It was assessing the doctors’ qualifications as not being “equivalent”.  

On 29 February 2008 the UK Border Agency opened the Register of Licensed Sponsors to employers wishing to issue Certificates of Sponsorship to migrants.

Certificates of Sponsorship will replace the current work permit system in its entirety when Tier 2 of the Points Based System goes live. The Agency currently anticipates that this will be in Autumn 2008. Employers who do not appear on the register will not be able to sponsor migrant workers.

In the most recent measure announced with respect to its Points Based System the UK Border Agency has announced that people currently in the United Kingdom in specific immigration categories which will be deleted as the Points Based System is implemented may complete their leave to remain under the existing terms of that leave.   If they apply successfully to extend their leave in their existing categories they will be granted enough further leave to remain to entitle them to apply for settlement in the UK at the expiry of that  further leave to remain.  

The Highly Skilled Migrant Programme (HSMP) was introduced in January of 2002.  It enabled skilled and experienced workers from overseas to obtain entry to the United Kingdom, with a route to settlement in the UK.    The eligibility of people for entry was established by the awarding of points against a range of criteria, in particular each applicant’s work experience and qualifications in his or her country of origin.  At that time it operated as a policy outside the immigration rules, but in April of 2003 the programme was incorporated into the immigration rules at rule 135A to 135H Rule 135A (i) required applicants to possess a document issued by the Home Office which indicated that the applicant had achieved the necessary number of points. Applicants also have to intend to make the UK his or her main home, and to be able to maintain and to accommodate themselves and any dependants without recourse to public funds.  As for what was required for an extension of stay under the programme, rule 135D required that applicants had entered the UK under the programme and that they had:

Employers will be moved to the front line of immigration law enforcement in an effort to stem the tide of illegal immigration to the UK. The Home Office will require that employers check the legal status of their current and potential staff or face stiff penalties involving on the spot fines of up to £10,000 plus unlimited fines and gaol terms for knowingly employing workers illegally.

The Border and Immigration Agency (the “BIA”) has published its “statement of intent” regarding Tier 1 of its Points Based System.  Tier 1 is due to be implemented in the first quarter of 2008.