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Points
Based System (PBS) – Tier One – Highly Skilled Migrant Program
Changes
On the
6th of February 2008, Border and Immigration Minister,
Liam Byrne, announced the first move to a Points Based System in
the UK. The new system has been in the design process for over 12
months (July 2006) and in announcing the initial changes there were
few surprises however the changes will effect many across the UK
and those seeking to enter from abroad. For those that have a
current relationship with Voyage (individually or corporately) you
will have been prepared for the reading below as we have been
discussing this now for some weeks / months.
As a
consequence of these change Voyage clients or those using our
service in the future will have a number of new items for
consideration.
The
changes outlined below will take effect from the 29th of
February 2008 and as a result those seeking to make use of the
current HSMP rules will need to act quickly to avoid any potential
effect to their current circumstances.
With
immediate effect from February 29th 2008 the following
changes will take place:
- A new
HSMP program will be introduced however this is fundamentally a
process change and the current points system with a pass mark of 75
points will remain.
- The
criterion for scoring these points remains similar to the current
program with points being awarded for age, education, income and UK
experience.
- The
requirements for proof of English language will become more
stringent.
- The
evidence required to prove points under the new program has been in
some areas clarified and subtly changed
- The main
issue for many Voyage clients will be the inability after this date
for a working holiday maker visa holder to “switch in country” to a
HSMP visa (more on this topic below)
The
implementation of these changes is a further move to the
“Australian style” immigration system which provides a more
objective, points based system for migrants looking to enter the
UK. The changes are also the first step to the ultimate plan of the
Border and Immigration Agency (BIA) to have applicants under this
program apply from their country of legal residence before arriving
in the UK. Throughout 2008 the BIA will be rolling out the process
commencing with India and then spreading throughout the world
requiring applicants under Tier 1 (which includes the HSMP) to make
their full application from their country of legal
residence.
The
benefit of this implementation will be a one step process of
application and visa stamp if approved. The burden however will be
that those currently in the UK on other visa types such as the
working holiday will have to return to their country of legal
residence to complete the full process.
This will
have clear implications for individuals, recruitment agencies and
employers with regard to the “continuity” of their work in the UK.
It may well mean a period of up to 6 weeks or more in your country
of origin seeking to gain a HSMP, visa stamp and if successful
returning to the UK.
“Switching Rule” Changes
for those in the UK
Any
applications received after the 28th February and subsequently
approved will have to return to their country of origin to gain
entry clearance or the “visa stamp”. At present there is a back log
in many countries with a new biometrics system in place and
currently this process can take up to four weeks. It would be hoped
that once this program is in effect the service standards may be
improved however this can not be guaranteed.
From the
29th of February 2008 until the full process is
implemented in your country of legal residence (sometime during
2008) it would seem you would still be able to apply for the HSMP
whilst in the UK, but there is still no guarantee this is the case.
However, as suggested above, if successful you will be returning
home to gain entry clearance. This clearly creates issues of
expense (air fares), employability (with regard to the period away
from work) and potentially personal hardship.
Once the
program is fully implemented it would seem that there will no
longer be the opportunity to apply for this permit from the UK.
Those
seeking to come to the UK to live and work
If you
are in this category the answer is quite simple. If
you qualify for the HSMP then gain the permit and visa before you
depart. Voyage through our
operations in South Africa and Australasia have been suggesting
this for over 12 months however the time has come. The working
holiday maker as a means to work in any form of “serious
profession” is effectively “dead”. Employers and recruitment
agencies will be inhibited when it comes to employing people under
this visa type. The thought of losing a staff member for up to 6
weeks or more to apply for the HSMP or work permit down the track
will not be too attractive.
Why
Voyage?
As
suggested these changes are news in being announced however have
been on the agenda for a long period. Voyage identified this
situation and as such with operations currently in the UK,
Australia, South Africa and from May 08 China and New Zealand are
in a perfect position to assist those currently in the UK, seeking
entry clearance from various parts of the world and ultimately when
implemented assisting in the full application process from your
country of origin.
If you
have concerns over this program and impact on you personally, your
clients, your employees or candidates then please e-mail on
info@voyagerelocations.com or contact your
local Voyage
advisor.
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