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Tighter rules for skilled foreign workers

6 May 2008

Highly skilled foreign workers hoping to fill vacancies in Britain’s labour market will have to meet strict new criteria once proposed changes are put into place.

Proposals announced today would change the requirements for workers who fit into Tier 2 (new window) or Tier 5 (new window) of the new points-based system (new window), sweeping aside as many as 30 traditional routes for workers to receive approval to work in the UK, including the old work permit system.

Making it tougher

British-based companies will have to prove they cannot fill skilled posts with a resident worker, and will need to prove that the vacancy has been advertised in the UK. Would-be migrants will need a job offer before they even apply for a visa, unless the job is on the shortage occupation list.

To qualify to enter the UK to work, skilled foreign nationals will have to earn a certain number of points. These points are awarded only if a person can prove they will be doing skilled work, speak a good standard of English, and are earning more than £24,000, or have a decent qualification.

Employers will need a licence from the UK Border Agency to offer jobs to skilled workers.

New rules will make a big difference

Home Office analysis released today indicates that if these tightened Tier 2 and 5 rules had been in place last year, close to 10% fewer skilled and temporary migrants from outside the EEA would have been allowed into the country – that represents approximately 20,000 people.

In addition, the Home Office confirmed that from this year low-skilled workers from outside the EU will be barred. 

Border and Immigration Minister Liam Byrne said the new points system ensures 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,' he added. 

Tough sanctions for breaking the rules

Employers who break the rules and employ illegal workers are already facing much tougher sanctions.  

Figures released by the Home Office today show that in the first 80 days of the new illegal working regime – introduced at the end of February this year – 137 businesses were issued with notices of potential liability worth almost half a million pounds.

Under the old regime there were only 11 successful prosecutions last year. This means that the number facing punishment since February is more than ten times greater than the entire number of prosecutions last year.  

Mr Byrne said, 'Illegal jobs are the root cause of illegal immigration, which is why I’m determined to shut it down.

'In 2007 we carried out 40 per cent more illegal working operations than the previous year – and frontline officers have new powers to levy on-the-spot fines.'

Rules relaxed for musicians and charity workers

The government has also now revealed its proposals for Tier 5 of the points-based system, which covers those travelling temporarily to the UK (new window) for primarily non-economic reasons – such as sportspeople, entertainers and charity workers.

To ensure entertainers continue to contribute to British cultural life, those coming to the UK for permit-free gigs or festivals - 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.

Learn more 

Read more about the new points-based system on the UK Border Agency website (new window).


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