Life in the UK test – changes to take effect 1 November 2018

 

The Life in the UK test required for all settlement applications, provides an exemption to applicants who are unable to sit the test for medical reasons. In most circumstances the evidence that will be accepted would be from a professional such as the applicant’s GP.  As from 1 November 2018, this has been extended to include evidence from alternative practitioner. This will allow the applicant to obtain a second opinion if desired and submission of these findings for exemption purposes along with the copy of the form published on Gov.uk for this purpose.

Home Secretary announces immigration cap for doctors from outside the EEA will not be reintroduced

In June, doctors and nurses were exempted from the visa limit of 20,700 annual restricted certificates of sponsorship for Tier 2 (General) visas applied to employees from outside the EU. 

The continued exemption was immediately welcomed by the medical profession. In other sectors, it has been noted that one of the effects of the cap has been a reduction in the salary requirements for Tier 2 applications, across the board.

People Management asked Jonathan Beech for his comments on this announcement:

 “When the NHS workers were removed from the cap, there was an immediate reduction in the minimum salary required to meet the required number of points to qualify. 

“Prior to NHS workers being removed, the salary required to qualify for a vacancy under the cap in June was around £60,000. This dropped to around £41,000 in July and then £30,000 in August and September,” he added.

“The continued exemption is extremely welcome and we are hopeful that the government decide to accept the Migration Advisory Committee’s (MAC) recommendation that the annual cap is removed altogether – for all sponsored workers.”

Read the full article here:

https://www.peoplemanagement.co.uk/news/articles/government-confirm-visa-exemptions-remain?utm_source=mc&utm_medium=email&utm_content=pm_daily_151018.10/15/2018.630889.%e2%80%98Massive+relief%e2%80%99+for+NHS+as+government+confirms+visa+exemptions+will+remain&utm_campaign=&utm_term=8357429

EU nationals working in higher education, healthcare and social care – settlement in the UK

 

 

EU Settlement Scheme:

Following the initial trial run of the EU Settlement Scheme in August 2018, the government has introduced its second private beta phase. This will run from 1st November 2018 to 21st December 2018 and will be rolled out to staff in higher education, health and social care sectors.

It is anticipated the scheme will fully open on 30th March 2019 after a further set of immigration rules is announced in December 2018 to be implemented in January 2019.

Under the second beta phase from 1st November, EU Citizens will need to prove their identity when applying for pre-settled/settled status and this will allow for individuals to do so remotely. The applicant’s Identity will be checked online as an integrated part of the online application process. However, the possibility to submit documents via post will remain open if the digital app is unable to read the relevant information.

Also, from 1st November 2018, an Administrative Review will be awarded under Appendix AR (EU) against any decision to either (i) refuse leave under the EU Settlement Scheme on eligibility grounds or (ii) to grant the limited leave to remain as oppose to indefinite leave to remain (ILR). Most importantly, the Administrative Review will consider ANY information and evidence submitted with the application for the review including information and evidence that was not available to the original decision maker. This is a major change from current policy.

 

Karen Kaur speaks to People Management – Tier 2 easing proves ‘massive relief’ for employers three months on.

 

Karendeep Kaur, immigration analyst at immigration law firm Migrate UK, agreed the relaxing of the cap for the medical profession had eased pressures across other sectors, but added a further relaxation may be necessary to prevent points qualifications and salary limits increasing again towards the financial year end.

“The quota of sponsorship certificates doesn’t stay uniform throughout [the financial year], so these salary levels could be driven up again,” she told People Management.

 

Read the full article here:

https://www.peoplemanagement.co.uk/news/articles/tier-2-easing-proves-massive-relief-employers-three-months-on?utm_source=mc&utm_medium=email&utm_content=PM_Daily_28092018.9/28/2018.621671.Tier+2+easing+proves+%E2%80%98massive+relief%E2%80%99+for+employers+three+months+on&utm_campaign=&utm_term=8357429

 

 

 

 

 

HR Magazine speaks to Migrate UK – reactions to the MAC report on the impact of EEA migration on the UK

The Migration Advisory Committee (MAC) released its report on the impact of EEA migration on the UK. The aim of the report is to make recommendations for a new work-based immigration system to be implemented in 2021.

Interviewed by HR Magazine, Jonathan Beech questions how the recommendations in the MAC report will work in practice.  There needs to be an end to the immigration cap for highly skilled workers as this affects forward planning by employers.

Read the article here:

http://www.hrmagazine.co.uk/article-details/brexit-migration-report-hr-community-reacts

Reactions to MAC report: Migrate’s MD interviewed by Personnel Today

A post-Brexit immigration system should make it easier for highly-skilled workers to move to the UK and should not favour EU migrants, the Migration Advisory Committee (MAC) has recommended.

Ashleigh Webber of Personnel Today asked Jonathan Beech for his comments.  Migrate’s MD noted that the recommendations proposed options for some migrant workers not seen since 2012.

Read the article here:

MAC report: New immigration system should not favour EEA migrants

‘Blast from the Past’: recommendations for new migrant worker scheme from 2021 released

 

 

The Migration Advisory Committee (MAC) has today released its report on the impact of EEA migration on the UK.

The aim of the report is to make recommendations for a new work-based immigration system to be implemented in 2021.

The latest MAC report recommends that the framework of the current Points Based System for sponsored workers remains but is thoroughly overhauled and provides options for some migrant workers not seen since April 2012. Should free movement end and no specific deals be formalised, the MAC does not believe EEA citizens should have any preferential treatment over non-EEA workers. Furthermore, the approach for attracting the ‘brightest and the best’ has shifted somewhat. The MAC recommends opening sponsorship to medium and high skilled workers (jobs at RQF Level 3 and above) and ending the immigration cap which can completely undermine an employer’s forward planning. Furthermore, the Resident Labour Market Test (advertising the vacancy for 4 weeks) should be abolished with employers deterred from relying on overseas workers through the immigration skills charge and a robust approach to salary thresholds. For the latter point, the MAC recommends having a minimum threshold of £30,000 for both medium and highly skilled jobs for experienced workers. With these points in mind, the future of the Shortage Occupation List is in doubt and the MAC will undertake a full review of the composition of the List and publish its findings in the Spring 2019.

The main recommendations are shown below. It is important to stress that the recommendations are just that. The Brexit negotiations may well have an impact here unless the UK has the power to set its own system (in a similar way to Canada where they are open and welcoming to immigration but no one country has preference). Also, once this this has been decided, the government can pick and choose the recommendations it wishes to implement.

 

Summary of recommendations for work migration post-Brexit

  1. General principle behind migration policy changes should be to make it easier for higher-skilled workers to migrate to the UK than lower-skilled workers.
  2. No preference for EU citizens, on the assumption UK immigration policy not included in agreement with EU.
  3. Abolish the cap on the number of migrants under Tier 2 (General).
  4. Tier 2 (General) to be open to all jobs at RQF Level 3 and above. (currently the minimum level is RQF Level 6 for the vast majority of roles). Shortage Occupation List will be fully reviewed in our next report in response to the SOL Commission.
  5. Maintain existing salary thresholds for all migrants in Tier 2.
  6. Retain but review the Immigration Skills Charge.
  7. Consider abolition of the Resident Labour Market Test (RLMT) – this is where you advertise a vacancy to the general public to check if a settled worker can do the job. If not abolished, extend the numbers of migrants who are exempt through lowering the salary required for exemption.
  8. Review how the current sponsor licensing system works for small and medium-sized businesses.
  9. Consult more systematically with users of the visa system to ensure it works as smoothly as possible.
  10. For lower-skilled workers avoid Sector-Based Schemes (with the potential exception of a Seasonal Agricultural Workers scheme)
  11. If a SAWS (Seasonal Agricultural Workers Scheme) scheme is reintroduced, ensure upward pressure on wages via an agricultural minimum wage to encourage increases in productivity
  12. If a “backstop” is considered necessary to fill low-skilled roles extend the Tier 5 Youth Mobility Scheme.
  13. Monitor and evaluate the impact of migration policies.
  14. Pay more attention to managing the consequences of migration at a local level.

Read the whole report here:

https://www.gov.uk/government/publications/migration-advisory-committee-mac-report-eea-migration

Migration Advisory Committee – recommendations to change the student visa policy

 

The Migration Advisory Committee (MAC) released its report today on the impact of international students in the UK. They have made recommendations to change the student visa policy after evidence gathered for this report, and engagement with stakeholders.

Historically, the UK has the second-largest group of international students in the world after the US but there is a real risk the UK will be overtaken by Australia. The UK leaving the EU also poses new threats. Although international student numbers have risen in recent years, the UK’s overall market share has fallen slightly, and competitor countries are more active in recruitment.

The MAC understands that the UK’s competitors require students to obtain visas to enter as students, however, any barriers to student mobility are likely to have a negative impact.

The main recommendations are:

  • Retain no cap on the numbers of international students;
  • Rules of work while study and dependent rights should remain unchanged;
  • Not re-introduce a 2 year post-study work visa. The value should be the qualification rather than the opportunity to take a graduate level job and settle in the UK;
  • Government and the sector should continue to work together to grow the number of international students;
  • International students should not be removed from the net migration statistics;
  • Widen the window in which applications for switches from Tier 4 to Tier 2 can be made;
  • Post-study leave period extended to six months for Master’s students, though with a more thorough review of whether this is appropriate;
  • The 12 months leave to remain after PhD completion to be incorporated into the original visa duration, subject to meeting progress requirements and course completion, for eligibility to remain in the UK after course end date. This would replace the existing Doctoral Extension scheme that allows the same rights but has to be applied for with associated visa costs;
  • Previous Tier 4 students, who passed their Level 6 (or above) qualification in the UK, should be entitled to a two-year period during which they can apply out-of-country for a Tier 2 visa, under the same rules as current in -country Tier 4 to Tier 2 switches i.e. being exempt from the Resident Labour Market Test (RLMT) and Immigration Skills Charge.

Read the whole report here:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/739089/Impact_intl_students_report_published_v1.1.pdf

Jonathan Beech quoted in People Management – the sponsorship of low-skilled workers

 

Whilst the Government has reiterated that it was still the intention to help EU citizens stay in the UK, there are no further details on how the settled status will work.  People Management asked Jonathan Beech for his thoughts, especially in regards to skills shortages and the sponsorship of low-skilled workers.

Read the article here:

https://www.peoplemanagement.co.uk/news/articles/brexit-secretary-feel-our-hearts-eu-citizens-should-stay