NASSCOM Global Mobility Conference 2013 - Immigration Policy – Work Routes - Simon Dadd

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NASSCOM Global Mobility Conference 2013 - Immigration Policy – Work Routes - Simon Dadd

  1. 1. Immigration Policy – Work RoutesSimon DaddRegional Manager South Asia
  2. 2. Our key policy objectives2To reduce net migration to sustainable levels i.e. thetens of thousandsTo protect and promote economic growth by attractingthe brightest and the best to work and study in the UKTo create a more selective immigration system that isbased on the contributions migrants make to the UKTo identify and tackle abuse of the systemUNCLASSIFIED
  3. 3. Reducing Net MigrationUNCLASSIFIED
  4. 4. Tier 2 – The Basics4Annual limit of 20,700 places applies to Tier 2 (General) forapplications from overseasThere are now minimum salaries for Intra-company transfers (ICTs)The skills threshold for Tier 2 jobs is now NQF 6 (degree level)Leave for ICTs earning less than £150,000 is capped at 5 yearsand Tier 2 (General) leave is capped at 6 yearsA ‘cooling off’ period of 12 months applies across Tier 2Minimum salary thresholds will apply to applications for settlementvia Tier 2 from April 2016UNCLASSIFIED
  5. 5. Changes in Post-Study Work arrangements4Closure of Tier 1 (Post-Study Work) announced March 2011following student visas consultation in 2010There are new, more selective provisions for graduatesSwitching into Tier 2– Applicants mustmeet normal Tier 2criteria but areexempt from thelimit and the RLMTFrom April 2013 allPhD students willbe able to workwithout restrictionfor twelve monthsafter their coursecompletion dateGraduateEntrepreneur routefor those identified bytheir HigherEducation Institutionas having strongbusiness ideas /skillsRoute closed on 5 April 2012UNCLASSIFIED
  6. 6. Changes from April 2013 - Minimum Salary Thresholds6Category Criteria Current threshold New thresholdTier 2 (General) Jobs which qualify forTier 2 (General)£20,000 £20,300Tier 2 (General) Jobs which are exemptfrom advertising in JobCentre plus£70,000 £71,000Tier 2 (General) Jobs which are exemptfrom the annual limit andthe RLMT£150,000 £152,100Tier 2 (ICT) Short-term categories of12 months or less.£24,000 £24,300Tier 2 (ICT) Long-term categories ofmore than 12 months –5 years.£40,000 £40,600Tier 2 (ICT) Workers who can extendtheir stay for up to 9years.£150,000 £152,100Tier 2 (General) Earnings which qualifyfor settlement£35,000 (for settlementapplications made on orafter 6 April 2016)£35,500 (for settlementapplications made on orafter 6 April 2018)UNCLASSIFIED
  7. 7. Tier 2 Codes of Practice Review7MAC published their report in October 2012. They recommended thefollowing:• New pay thresholds for experienced workers set at the 25thpercentile for full-time employees in each occupation, using theAnnual Survey of Hours and Earnings.• A new lower threshold for new entrants set at the 10th percentile.• The introduction of generic criteria for identifying suitable mediafor the Resident Labour Market Test.• An updated list of NQF 6 occupations using the new SOC 2010system.UNCLASSIFIED
  8. 8. Tier 2 Codes of Practice from April 20138New entrants will be defined as:• Graduates switching from Tier 4 to Tier 2.• Those recruited via the university ‘milkround’ provision of the RLMT.• Those in the ICT Graduate Trainee category.• All those aged 25 or under.The experienced worker rate will apply for anyone applying for anextension of stay beyond three years and one month.All Tier 2 eligible jobs will be subject to the SOC 2010 system after April6th, including legacy NQF 3 and NQF 4 occupations .The Government has announced its response to the MAC report. Thechanges will apply to all certificates of sponsorship assigned on or after 6April.UNCLASSIFIED
  9. 9. Resident Labour Market Test from April 20139The Resident Labour Market Test will not apply to shortage occupations orjobs paying at least £152,100Jobs must be advertised for a minimum of 28 days with the aim ofrecruiting a suitably skilled settled worker, unless you are recruiting into aPhD level occupation in which case the best candidate for the job may beselectedJobcentre Plus will not be required for jobs paying £71,000 or more, or forPhD level occupationsThe Jobcentre Plus (JCP) requirement will be maintained but kept underreview. From 6 April where JCP is not mandatory, the job must beadvertised in two different mediaThe ‘Milkround’ provision will be maintained but the job must still beadvertised in at least one other mediumUNCLASSIFIED
  10. 10. RLMT Advertising Criteria from April 2013Jobcentre Plus (where applicable) must be used together with one other advertising medium.10Type of medium CriteriaNewspaper • Marketed throughout the UK or throughout thedevolved nation in which the job is located, and• Published at least once a week.Professional Journal • Available nationally through retail outlets orsubscription,• Published at least once a month, and• Related to the nature of the job.Website • An online version of a newspaper or journal thatwould satisfy the criteria above,• A prominent professional or recruitmentorganisation that does not charge a fee to view adsor apply for jobs, or• The sponsor’s own website, if the sponsor is amultinational organisation or has over 250 UKemployees.UNCLASSIFIED
  11. 11. Other work changes from April 201311The Tier 2 cooling off period for senior staff earning £152,100 or more iswaivedICTs earning £152,100 or more are exempt from the English languagerequirement when applying to extend their stay beyond three yearsThe requirement for ICTs to provide 12 months’ of payslips to prove theyhave worked for the sponsor employer’s organisation for 12 months iswaivedChanges may be made to a Tier 2 migrant’s salary without a freshapplication being triggered providing the salary does not drop below theappropriate rateThose in Tier 2 (General) may extend their stay in the same occupationcode (not just the same job) with the same sponsor without the need for aRLMTUNCLASSIFIED
  12. 12. MAC Report on the Shortage Occupation List12The MAC has updated the List – main additions are in theengineering sectorIt has recommended formalising the exemptions from the Tier 2skills threshold for ‘creative occupations’ i.e. actors, authors,dancers, musicians and designersIt has advised against a ‘sunset clause’ recommending that the Listis reviewed on a biennial basis in futureThe MAC published their report on 15 February.UNCLASSIFIED
  13. 13. Planned work for 2013• Review of the Investor and Entrepreneur routes.• MAC report on the impact on sectors affected by thelifting of employment restrictions on Bulgarians andRomanians.• Review of the visitor route.UNCLASSIFIED
  14. 14. Questions?

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