Changes to Assist in Immigration Integration

Changes to Assist in in-migration IntegrationTo what extent leave behind recent and proposed changes to the immigration system assist in successful consolidation of untried immigrants?UK Immigration law has recently seen a metamorphic transition. The virgin Immigration Rules are now in full swing. It is inevitable that any system that is introduced for the number one time will either be very beneficial in the successful integration of novel immigrants or will have devastating consequences.The accounting instauration of the Points Based System (PBS) for new immigrants seeking to bring in, train or study in the UK replaces the approximate 80 routes of doing either of the above under the present regime. These Immigration categories have now been streamlined into one single immigration system.Adopting the single system provides clarity in the law and secures a carefully controlled integration of new immigrants. The system is much more straightforward in application. New immigran ts can easily ascertain whether they meet the necessary criteria for a particular visa, which will assuage them time and check wastage of costs.The PBS is divided into 5 Tiers. Tier 1 (General) took effect from June 2008.1. Tiers 2 5 have been in force since November 2008. Tier 3 has been temporarily suspended and Tier 4 aims to be incorporated by March 2009. Under each Tier, any prospective immigrant would need to score points in order to attain entry dynamic headroom. The points have been set by the Migration Advisory Committee. Instrumental to the PBS is the involvement of sponsorship2. Another change is the requirement of the entry clearance and the knowledge of the English Language.The objective of Tier 1 is aimed at Highly dexterous Workers (HSW) and the Post Study Work (PSW) schemes, which replaces the former Highly Skilled migrator Programme, (HSMP) the International Graduates Scheme, (IGS) The Fresh Talent Working in Scotland Scheme and the rules for business-people an d innovators, investors, writers, composers and artists3.This Tier has been formed in line with bringing in the, brigh mental test and the best4. This is good watchword for some workers, particularly those that do wish to enter on the PSW. The PSW allows a new worker to remain in the republic for a terminus of 2 years and will benefit from good quality training. Employers were previously reluctant to invest in resource training of new recruits who were required to leave the country after 12 months.The process under the old HSMP scheme and the new HSW scheme is very different. Points are given on a sliding exceed against requirements such as a degree qualification. The new immigrant needs a score of 75 points or more in order to qualify on the scheme and additional 10 points for the knowledge of English. There is also requirement for those that founder outside the UK that they must have a bank balance of 2,800 and those at bottom the UK must have 800.The purpose is to ensure th at the new immigrant is able to support him/herself up until the first salary is received and not be dependant upon disposal resources. This minimum financial requirement may appear to be a hindrance for those residing outside the UK.Tier 1 was questioned where foreign Doctors are concerned in the BAPIO5 case. The House of Lords held that the Department of Health guidance defeated a legitimate expectation held by Doctors in training on the previous HSMP that they would not be prevented from undertaking work. Tier 1 states that a doctor will not be able to undertake employment as a doctor in training up until entry clearance is granted. This is therefore, another procedural obstacle for a UK Immigrant.Tier 2 applies to skilled workers with a job offer and replaces the archetype of work permits completely. A skilled foreign worker will obtain 506 points and this will depend upon factors such as the person already being in skilled work as well as having an earning capacity of 24,000 or having a recognised qualification.One way for an immigrant to earn 50 points immediately will be if the UK employer in can show that they cannot fill the required skilled post with a British worker and that the job vacancy has been advertised in the UK. This leads onto the employer passing the Resident Labour Market Test, which refers to the job being in shortage occupation.Tier 2 does not include foreign qualified nurses and midwifes, launch staff of overseas owned airlines, exchange teachers, and language assistants. The list includes a wide range of professionals in the cross section of society, which does not help with the integration of new immigrants with these qualifications.In R v SSHD7 the Judge raised a concern with the new law regarding highly skilled migrants and those immigrants who have already obtained entry clearance and have not secured a job will constitute as racial discrimination. The inhabitation Office has incorporated the judgement. The previous rules wi ll apply to those UK immigrants who have been adversely concerned by the change in law. This is good news for those immigrants that fall under this category.Alongside Tier 2 is the requirement of the security department of sponsorship which has to be issued to the prospective employer. Prior to this, the Company will have to firstly be registered with the UK Border Agency so that it can obtain a sponsorship license.Skilled workers will be discouraged from coming to the UK and if an organisation is called into question, if faces losing its license and any immigrant working would be required to leave the country within a period of 28 or 60 days. The procedure of carrying out this process is set to cause serious delay to the recruitment of key immigrants and employers will risk losing assenting to a pool of talent on an international level.Tier 4 only applies to students as overseas adults. The immigrant must pass a maintenance test and produce supporting documents such as education al qualifications. The long term plan for Autumn 2009 is the emergence of the an IT system to support the student visa route. Whether the overseas adult option excludes a section of student is yet to be decided.Tier 5 is currently in existence where temporarily workers wish to flummox to the UK for primarily non-economic reasons. UK Immigrant must be awarded 30 points and savings of at least 800. This again may be difficult for some workers who only essentially work on a temporary basis.The actual criteria to meet has not considerably changed moreover what has reformed is the legal process. This will have a negative affect on those immigrants that will want to appeal against the decisions and the Asylum Immigration Tribunal(AIT). The Government has produced a consultation paper8, which proposes to revise the scope for Judicial Review, which will have the prevent the applicants right to appeal to the High Court, following a decision of the AIT.The law could deter new immigrants fro m applying and discriminates against highly skilled individuals who hold the qualifications but not the job to go with it or the financial standing . The law has already been tweaked in its initial stages that could open up the floodgates for UK immigrants to question other areas of the new law.BIBLIOGRAPHYBooks1. Clayton, G (2008) Immigration and Asylum law of nature (3rd Edition) Oxford University Press, Oxford2.Jackson, D Warr, G, Cole, J.0., Middleton, J (2008) Immigration Law and Practice, (4th Edition) Tottel PublishingJournals/ArticlesHome Office Border Immigration Agency, (2008) The grade to Citizenship near steps in reforming the Immigration SystemHome Office Border Immigration Agency (2008) Students under the Points Tier System -(Tier 4)- Implementation PlanHome Office UK Border Agency, Consultation Immigration Appeals, Fair Decisions Faster Justice, August 2008Berry, M (2007) Are your employees eligible to work in the UK?-EEF, the manufacturers organisation Broadway House Tothill roadway LondonWebsiteshttp//www.bia.homeoffice.gov.uk/http//www.oup.com/uk/orc/bin/9780199238668/ -updates on Clayton, G (2008) Immigration on Asylum Law (3rd Edition) Oxford University Press, OxfordLegislationImmigration RulesBorder Immigration Agency 2007Case LawR (on the application of BAPIO Action Ltd another) v SSHD and another 2008 UKHL 27R(on the application of HSMP Forum Ltd v SSHD 2008 EWHC 004 (Admin)Footnotes1 Application and requirement methods set out HC3212 Tier 1 is exempt from this requirement. Under Tier 5, Youth Mobility, the Government will take the role of a sponsor.3 Rule HC 6074 Home Office Border Immigration Agency, The Path to Citizenship next steps in reforming the Immigration System, February 20085 R (on the application of BAPIO Action Ltd another) v SSHD and another 2008 UKHL 276 Immigration Rules -Appendix A7 R(on the application of HSMP Forum Ltd v SSHD 2008 EWHC 004 (Admin)8 Home Office UK Border Agency, Consultation Immigration Ap peals, Fair Decisions Faster Justice, August 2008