Following the introduction in February 2008 of the highly-skilled migrants programme - tier 1 under the new Points Based System (PBS) for immigration that will apply to migrants who are not nationals of the European Economic Area or Swiss nationals - the Government has announced strict new criteria that will apply to skilled and temporary workers applying to come to Britain to fill skilled vacancies in the labour market.
The schemes - tier 2 and tier 5 under the PBS - replace the existing routes of entry, including the old work permit system. British-based companies will have to prove that they have been unable to fill skilled posts with a resident worker and must show that the job vacancy has been advertised in the UK, unless the job is on the shortage occupation list. Would-be migrants must have a job offer before they apply for a visa.
To qualify to work in Britain, skilled foreign nationals will require a certain number of points. Points are awarded only if a person can prove that they will be doing skilled work, speak a good standard of English, and are earning more than £24,000 or have a recognised qualification. Employers will need a licence from the UK Border and Immigration Agency to offer jobs to skilled workers.
Border and Immigration Minister Liam Byrne said, "Our new points system means that British job seekers get the first crack of the whip and that only the skilled migrants we actually need will be able to come. By moving points up or down, we can make sure the numbers we allow in to the UK are in line with the needs of business and the country as a whole."
Employers who break the rules and employ illegal workers already face much tougher sanctions. In February this year a new system of civil penalties was introduced under which an employer can be fined up to £10,000 for each illegal worker found at a business. It is now a criminal offence to knowingly employ illegal migrant workers. This offence carries a maximum two year prison sentence and/or an unlimited fine. The introduction of compulsory identity cards for foreign nationals is planned later this year, aimed at making it easier to check the identity of those applying for jobs.
The Government has also revealed its proposals for tier 5 of the PBS, which covers those travelling temporarily to the UK for primarily non-economic reasons, such as entertainers, sportspeople and charity workers. To ensure entertainers continue to contribute to British cultural life, those coming to the UK for permit-free events - such as the Edinburgh Fringe - will be assessed outside of the PBS under visitor visa rules. The Government is due to publish details of the new visitor visa category in the near future.
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