The Points Based System (PBS) determines which non-EU migrants can come and work in UK. Would-be migrants score points for qualifications, the occupation they are applying for and the salary they will be paid in UK. If enough points are scored, and the employer can show that no suitable UK person wants the job, then the PBS allows the migrant to come to UK.
The system is open to manipulation, of course. Employers who want to bring in non-EU migrants can offer wages too low to attract UK workers and need not look too hard for a UK person for the job - and can reject them as unsuitable if they should apply.
After working for 5 years in UK, non-EU work-permit migrants can apply for Indefinite Leave to Remain (ILR). This is usually granted: the migrant ceases to be a migrant and becomes a UK resident.
But in an environment of rapidly rising population and a general feeling that immigration has got a bit out of hand, is it right that people coming to fill temporary skills shortages should remain permanently in UK?
Should the PBS be re-engineered to encourage people who would like to come and
work in UK for a few years and then return home?
If people want to do this, and vacancies can be filled in this way, the UK reaps the benefit
of migrants' skills without rising population, rising demand on public services or rising demand for housing.
If temporary stays were the norm as many migrants would be leaving each year as arriving.
To encourage temporary migration, two types of visa would be introduced: qualifying and non-qualifying. A non-qualifying visa would permit a maximum 4 year stay in UK. Time spent in UK on a non-qualifying visa would not count towards the ILR qualifying period. The aim would be, where possible, to fill vacancies with migrants on non-qualifying visas. Qualifying visas (which are likely to result in permanent settlement) would be granted only where vital vacancies could not be filled by migrants wishing to come and work temporarily in UK.
In most instances, a person applying for a Tier 1 or 2 visa would be able to apply either for a qualifying or for a non-qualifying visa, though very few qualifying visas would actually be available. In some cases it would only be possible to apply for a non-qualifying visa: Intra-company visas and Post-study visas, for example.
Non-qualifying visas for Tier 1 would be for an initial period of 2 years, extendable by 2 years if visa criteria are met. The extension fee would be 50% of the then current fee for an initial 2 year visa. After 4 years the migrant and dependants must leave the UK.
Non-qualifying visas for Tier 2 would (except for Intra-company visas) be for 3 years, exceptionally extendable to a 4th year. Extensions would be limited to those making a substantial contribution to the economy: 65 points from occupation, earnings and qualifications would be required for an extension. The fee for an extension would be 50% of the then current fee for a new 3 year visa, with the aim of limiting extensions to migrants deemed by their employers to be the most economically valuable. After 4 years (maximum) the migrant must leave the UK. Employers would be responsible for ensuring that migrants leave before the end of their visa term and would be obliged to provide evidence that the migrant and dependants have indeed done so.
Tier 1 visa fees and Tier 2 Employer?s CoS fees would be considerably higher for qualifying visas than for non-qualifying visas.
Tier 1 & 2 migrants on qualifying visas would be required to transfer to UK a capital sum of at least £20,000 plus at least £10,000 per dependant (accompanying or joining). Tier 2 migrants on non-qualifying visas (i.e. those being brought in for up to 4 years by an employer to fill a specific vacancy) would not be required to transfer capital to UK.
Whatever the number of points required for a Tier 1 or 2 non-qualifying visa, an additional 5 points would be required for a qualifying visa. Administratively this would be achieved by raising the points thresholds by 5 points and awarding 5 bonus points if the application is for a non-qualifying visa.
Transfer from a non-qualifying visa to a qualifying visa would not be permitted. Persons and their dependants wishing to do this would return home and apply for a qualifying visa. However, reapplication for any Tier 1 or 2 visa would not be allowed within 4 years.
There would be a very low monthly cap for Tier 2 qualifying visas. Thus employers would need to seek out migrants willing to take up fixed-term contracts, i.e. non-qualifying visas. Similarly, there would be a very low monthly cap for Tier 1 qualifying visas, encouraging applications from those wishing to work in UK for a fixed term rather than from would-be settlers.
A qualifying visa would not necessarily mean that ILR will be granted. A non-qualifying visa would guarantee that ILR will not be granted.
Perhaps only 5% of Tier 1 & 2 visas would be qualifying. In 95% of cases,
therefore, there would at the outset be a contract made between UK and migrant:
the migrant understands the stay is temporary, agrees to leave before the end of the visa term
and understands their stay can in no circumstances exceed 4 years.
An agreement to this effect to be signed by the migrant and all adult dependants.
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September 2010