The launch of the Points Based System (“PBS”) during the course of 2008 has had a significant impact on lifesciences sector and their ability to bring migrant workers to the UK. In particular the loss of ability to gain immigration permission specifically for Sponsored Researchers, interns or those undertaking a period of training or work experience due to the difficulties encountered using Tier 5 and the requirement for an overarching sponsor, has been particularly detrimental to lifesciences businesses.
It is therefore of crucial importance that the lifesciences sector are sufficiently aware and mobilised against any further changes to the immigration regime and lobby against revisions to PBS which may further hamper their ability to employ those required to the development of their business.
Potential Changes
Due to the changing economic circumstances, the Secretary of State has requested that the Migration Advisory Committee (“MAC”) advise on the following issues:
- What further changes to Tier 1 of the Points Based System should there be in 2010/11, given the changing economic circumstances?
- Is there an economic case for restricting Tier 2 to shortage occupations?
- What is the MAC’s assessment of the economic contribution made by the dependants of the Points Based System and their role in the labour market?
A Conceptual Paper and Call for Evidence was published on 30 April.
The MAC has been asked to report on the first point by the end of October 2009 and the second and third by the end of July. However, it is now vital that the lifesciences sector mobilise themselves and lobby the MAC to ensure that their interests are represented and the valuable routes into the UK for migrant workers are preserved.
Tier 1
Tier 1 was created to attract highly skilled migrants to the UK and therefore is supply (rather than demand) focused, although can be used by employers to ensure specific individuals can come to the UK to work without the need for sponsorship.
Whilst the MAC will review all four Tier 1 categories (Entrepreneurs, Investor, Post Study Worker, General), it is likely that Tier 1 (General) and Tier 1 (Post Study Worker) are likely to be of most value to the lifesciences sector and they may wish to make representations as to the need for these schemes by their business.
The MAC is considering the following:
- Changing the pass mark from 75 points
- Changing the requirements by adding new ones or removing existing ones
- Changing the number of points awarded for each requirement
- Altering leave to remain durations
All those making an initial application for Tier 1 (General) after 30 March 2009 for Tier 1 (General) must now have at least a Master’s degree and earn over £20,000. You may wish to highlight to the MAC that those in business services will not necessarily have a Master’s degree and those in science based employment may have low salaries whilst on research or training projects and therefore that Tier 1 will not always provide a suitable alternative to Tier 2. Employers should state the number of Tier 1 holders within their workforce and how often it has been used instead of Tier 2.
Tier 2
Tier 2 (the tier under which migrants are sponsored) will also be revisited. The MAC recognise that the UK must be responsive to employer demand however they will be considering arguments for against:
- Closing the Tier 2 (General) and Tier 2 (ICT)
- Introducing new requirements for Tier 2 (General) and Tier 2 (ICT)
- Altering the points criteria for Tier 2 (General) and Tier 2 (ICT)
- Altering the leave entitlements
Of particular concern for the lifesciences sector is the potential abolishment of the ICT route for the individuals with 6 months experience working for a group company overseas. In addition, the loss of the Tier 2 (General) route would also be of concern to employers who frequently use it to recruit those with a very specific set of skills where roles are not the shortage occupation lists.
As there is currently no management information regarding PBS, it is vital that the lifesciences sector responds to this request. We strongly encourage you to write to the MAC to confirm your use of these categories and the detrimental effect their removal would have on your business, emphasising the importance of staff mobility on business continuity and the importance of successful transfer of skills within an international corporation and throughout the lifesciences sector globally.
Request for Information
Employers should write to the MAC by the 11 June for their views to be considered.
Address:
Migration Advisory Committee
6th Floor, Advance House
15 Wellesey Road
Croydon
CR0 2AG
[email protected]
Please ensure that you provide the following:
- Your name
- Address
- Contact Details
- Details of the Organisation you represent
- Full and specific evidence to support any claims, together with an easily digestible summary
Summary
The MAC has been asked to report on various aspects of PBS to allow the Government to respond to the economic downturn.
The most concerning matter for the lifesciences sector, is that the MAC has been asked to report on restricting Tier 2 to shortage occupations which would be extremely detrimental to employers who regularly transfer migrant staff from overseas.
Employers should ensure that they lobby the MAC, giving details of the impact on their business by 11 June 2009.
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