Immigration newsletter 15 Mar 2006

Since the UK announced its new points-based system of immigration, we have received numerous comments and questions. This issue of the newsletter is devoted to addressing some of your questions and comments. We hope you will find this useful.

Is the new points based immigration system currently in effect?

No. According to the Home Office, the old system Highly Skilled Migrant Programme and work permit schemes will remain in effect until at least the middle of 2007.

Is the new system based on the US immigration system?

No, the US does not use a points-based immigration system. If anything, the new UK system resembles the Australian and Canadian immigration systems, which also have a points based system. However, the UK system is different as it tries to also include people who come under temporary schemes under the points based system.

The scheme is designed to make it easier for highly skilled, younger workers to enter the country, but it will be harder for low-skilled workers to head to Britain.

This is true, but this is also the case with the current- immigration system. workpermit.com finds that many news articles have caught on to this idea and are emphasizing it probably more than necessary. It should be kept in mind that, in fact, it has never been very simple for a low-skilled worker from outside the UK to gain permission to work in the UK except in a very limited number of situations.

The new scheme is biased against Commonwealth citizens and partial to workers from new EU member states.

Workers from the new EU member states from the former Eastern Bloc (Poland, Lithuania, Slovakia, etc.) must still apply under the Worker Registration Scheme, but are not required to have work permits. It is much easier for them to obtain permission to work in the UK. This has been the case since the EU enlarged in May 2004. Citizens of Commonwealth countries and other non-EU citizens, in effect, will be competing amongst themselves, rather than with citizens of new EU member states.

Indian and Chinese restaurants are being discriminated against, because they need workers from India and China to staff their kitchens. It will be nearly impossible for them to hire staff who truly know the cuisine, as they will be forced to hire eastern European workers.

The Sectors Based Scheme work permits allowed a small number of workers to obtain work permits in the hospitality sector. This visa scheme for the hospitality sector ended in July 2005, when the 4,500 allotted visas for this sector were used up (some work permits were still available in the food processing sector). The visas were not very simple to obtain, and employers had to show a real need for the staff in order to get the work permit. Workers were restricted to those between the ages of 18 and 30 and were not allowed to bring family members. After one year, they had to leave the UK for two months before returning.

Under the new points system, limited numbers of low skilled workers needed to fill specific temporary labour shortages will be allowed to work in the UK. An advisory body will determine in which sectors the labour shortages exist.

The points system is too tough and requires a good education and a high salary in one's home country. Those who have high salaries at home will not be interested in immigrating to the UK anyway.

This may very well be true. When the new points based immigration system is actually working, the Home Office may find it has to adjust the points given for certain characteristics.

Before the Highly Skilled Migrant Programme was made easier, there was much less demand as people in India, for example, if earning a high salary by Indian standards could have a much higher standard of living in India than they would have earning a similar salary (or even a much higher salary) in the UK.