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UK immigration cap Q&A | Immigration Matters

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Dominic Casciani, BBC News home affairs correspondent, has written this useful guide and Q&A following this week’s ‘immigration cap’ announcement.

How does the British immigration system currently work?

There are different ways to come to live or settle permanently in the UK.

Migrants fall into five broad categories: those coming for long-term work, students, temporary workers and visitors, refugees and asylum seekers and people arriving for family reasons.

There are different laws and policies governing each element of the system. For instance, on asylum, the UK has international obligations to provide refuge to people who have fled persecution. The most complicated part of the system is the broad criteria around economic migration.

How are economic migrants dealt with?

The rules for economic migration, which includes students, broadly divide migrants into two groups.

If a migrant is a citizen from one of the European Union’s member states (or one of the other counties in the European Economic Area – EEA), then they are free to compete for jobs in the UK. They are not subject to immigration controls.

This is because the UK is part of the European free market under which goods, services and labour can freely move across borders. The rules mean that British workers can equally seek work and settle across the rest of the EU.

And what about if you come from elsewhere?

If you come from anywhere else, including Commonwealth nations, a migrant has to apply under one of the “tiers” that make up the Points Based System (PBS). Students are also covered by the PBS.

In short, the system awards points to migrants based on their skills, qualifications and experience. Putting it very simplistically, a young applicant with a doctorate and proof of high earnings will earn more points that someone who is less skilled – and therefore find it’s easier for them to come to the UK.

The PBS has five “tiers”. Tiers one and two cover highly skilled and skilled migrants respectively. Tier three was designed for unskilled workers but has never been implemented. Tier four covers students and the final tier covers a host of temporary workers and special categories.

So is the coalition scrapping this system?

No. But they are reforming it to meet their long-term goal. They want to reduce net immigration to “tens of thousands each year, not hundreds of thousands” over the lifetime of the parliament.

Net immigration is the difference between those arriving and those leaving.

The government is introducing an immigration cap to help achieve that goal and the first one comes into force in April 2011. This was a Conservative election pledge that was opposed by their coalition partners, the Liberal Democrats.

And how high is net immigration at the moment?

The latest official figures show that 196,000 more people came to the UK than left in 2009. That figure includes British citizens returning from living abroad and people from inside the EEA. In all, more than half a million people migrated to the UK in 2008 – and the figure has been rising over the long-term, in line with the experiences of many industrialised nations.

So how will the government achieve its target?

Experts say that if the government is to hit its target of reducing net migration, it has to pull levers that will slow long-term immigration while, at the same time, take steps to increase the rate of emigration.

The only problem is that there are not that many levers that can be pulled. Some 15% of people moving into the UK are returning British citizens, so their movements cannot be affected – but there are counted in the statistics.

The government cannot block EEA nationals who make up about a third of all arrivals.

The remaining half – about 280,000 people – are long-term arrivals from the rest of the world. These are the people whose movements can be influenced by policy changes.

So what will the cap be – and how will it work?

The immigration cap for non-EEA workers for the year from April 2011 will be 21,700 – about 6,300 lower than in 2009.

Of those, 20,700 will be Tier 2 skilled migrants entering graduate occupations with a job offer and sponsorship.

The other 1,000 will be people allowed in under a new “exceptional talent” route – people like scientists, academics and artists. The former “Tier One General” route – open to highly skilled migrants without a job offer will be closed.

However, these limits do no apply to a category of workers who come to the UK in an “intra-company transfer” with their multinational employer. In other words, there will be other people coming in over and above the 21,700 limit.

There will be a new minimum salary of £40,000 for firms using intra-company transfers (ICTs) for more than a year – but staff earning at least £24,000 will still be able to come for up to 12 months.

So what else can the government do?

According to Professor David Metcalf, chairman of the government’s Migration Advisory Committee, students from outside the EEA make up 60% of the migrants whose movements can be restricted. He said in his recent report that the government cannot meet its target by restricting workers alone.

Home Secretary Theresa May says she is looking at how to cut their numbers – but it’s not clear who will be targeted and whether the Liberal Democrats will accept restrictions.

She says her forthcoming consultation on students will focus on allowing in students who are studying for degrees or those joining “highly trusted” colleges. This is a controversial area. Languages colleges are big legitimate businesses – but it’s widely accepted that there is also abuse where people use student visas as a means of coming to work in the UK. Another route that the Home Secretary will target is a mechanism that allows some students to take jobs at the end of their course.

What about family reunion?

Families make up the final 20% of migrants from outside the EEA – but curtailing their right to arrive will be difficult to achieve because of human rights law.

However, the government is also looking at measures to boost the numbers leaving the UK by restricting rights to settle or to extend a work visa. Mrs May says she wants to end the link between temporary migration for work – and permanent settlement.

What effect will a cap have?

It’s very difficult to know before it has happened. A large number of businesses have complained that it could damage economy – and Professor Metcalf has warned that there could be “serious long-term consequences for investment and job generation” if the restrictions on work visas were too tight. Source: Dominic Casciani, BBC

See also: 

Consultation on Tier 4 Student Visas announced by Home Office

Non-EU skilled workers to be capped at 21,700

Immigration ‘cap won’t fit’ say JCWI

Non-EU migrants should be cut by 25%, says MAC

Vince Cable says immigration cap is damaging British industry  

UK Immigration Cap could damage higher education

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

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4 Responses to “UK immigration cap Q&A”
Read them below or add one

  1. vanessa rombaoa says :

    does the UKBA now resumed in granting work permits for the skilled workers?

  2. JOSMA PINTO says :

    DEAR SIR/MADAM,

    MAY I KNOW ,FROM WHEN DOES THE ILR/SETTLEMENT POLICY CHANGE GOING TO COME IN EFFECT PLEASE

  3. dennis mathieson says :

    i have been trying to find out how much capital is required by me,a british citizen,living in the U.K,to sponsor my Ukranian lady fiance to come to the the U.K for us to be married,and settle in here.She has Bachelor Degree.in Teacher of English,and would work when she is allowed after six months.so what is the financial requirements for me to have to support her,until she can work.can someone please tell me.
    regards Dennis Mathieson

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