Immigration policies of the United Kingdom are the areas of modern British policy concerned with the immigration system of the United Kingdom—primarily, who has the right to visit or stay in the UK. British immigration policy is under the purview of UK Visas and Immigration.[1]
With its exit from the European Union, the UK implemented a broad reform to its immigration system, putting an end to free movement and introducing a points-based system, that took effect on 1 January 2021.[2]
Electronic documentation
In the wake of Brexit, the British Government introduced a wide, multi-year programme of change, led by the Home Office, to transform the operation of the UK's border and immigration system.[2] Following the first phase of this initiative which will take place in 2021, further improvements to the system in the longer term include the introduction of an Electronic Travel Authorisation system. The UK electronic travel authorisation (ETA) is planned as an electronic system that will be used to pre-check migrants travelling to the UK.[2][3][4][5][6]
Citizens of Kuwait, Oman, Qatar, and United Arab Emirates in the Arabian peninsula can obtain an Electronic Visa Waiver (EVW) online to enter the United Kingdom, which is only valid for one entry each.[7] An EVW authorisation enables its holder to visit and/or study in the UK for up to 6 months without a visa, and must be obtained each time an eligible person wishes to enter/re-enter the UK for such purpose. An EVW is only valid for one entry, and a new EVW must be obtained each time an eligible person wishes to enter the UK to visit and/or study for up to 6 months without a visa. The EVW is also valid for visits to Ireland for up to 90 days once a holder has cleared immigration in the United Kingdom.
Points-based system and sponsorship
Since 2002, a points based scheme was introduced, and it has been revised several times. Exiting the European Union on 31 January 2020, the United Kingdom moved to end free movement and introduce an Immigration Bill with a different points-based system.[2] This meant a single immigration policy applied to anyone who wishes to live and work in the UK.[2][8] This would be the first phase of a wider multi-year programme of change, led by the Home Office, to transform the operation of the British border and immigration system—including sponsorship.[2]
Under the new system, people require 70 points to enable them to work in the UK.[2][9] These are made up of 50 Mandatory Points and 20 Tradeable Points, to work in the UK.[10]
Requirement | Tradable with other requirements | Points |
---|---|---|
Offer of employment by an approved sponsor | No | 20 |
Employment at the appropriate skill level | No | 20 |
Speaks English at a sufficient level | No | 10 |
Salary between £20,480 and £23,039 | Yes | 0 |
Salary between £23,040 and £25,599 | Yes | 10 |
Salary that is £25,600 or above | Yes | 20 |
Employment in an occupation that has a shortage as designated by the Migration Advisory Committee | Yes | 20 |
Education qualification: PhD in a subject relevant to the employment | Yes | 10 |
Education qualification: PhD in a STEM subject relevant to the employment | Yes | 20 |
Sponsorship
In order to be eligible to apply under certain categories of the points-based system, the applicant must have a sponsor which is on the UKBA register of sponsors. The register of sponsors lists all organisations that the UK Border Agency has licensed to employ migrant workers or sponsor migrant students. On 31 March 2009, the register of sponsors replaced the register of education and training providers published by the Department for Innovation, Universities and Skills (and previously by the Department for Education and Skills). During 2018, many NHS trusts found that applications for certificates of sponsorship for doctors and nurses were refused, leaving them to rely on locum staff.[12]
Licences can only be applied for if:
- The potential sponsor is a legitimate organisation working within the law in the UK;
- There are no reasons to believe that the potential sponsor is a threat to immigration control; and
- the organisation will meet its sponsorship duties.
These criteria are to ensure that those working or studying in the UK do so legally. If the potential sponsor is awarded a sponsor licence, they will be given a sponsor rating - this will be an 'A rating' or a 'B rating', and will be listed on the register. Instead of an A or B rating, Tier 4 (General) sponsors could apply for a Highly Trusted sponsor licence.
For employers sponsoring skilled migrants under the new 2021 system, the visa process would be streamlined to reduce the time it takes to bring a migrant into the UK by up to 8 weeks. The Government intends to further reduce this through additional enhancements to the system.[2]
Visas
Visa | Details |
---|---|
Visitor Visas |
|
Work Visas |
|
Student Visas |
|
Workers Visas
The scheme was phased in between 2008 and 2010. It is composed of five "tiers" which replaced all the previous work permits and entry schemes, including Scotland's Fresh Talent Initiative. The system was administered by the UK Border Agency the predecessor of UK Visas and Immigration.
Tier 1 (Entrepreneur) and Tier 1 (Graduate Entrepreneur)
This category is intended for entrepreneurs who want to set up or take over an existing business (or businesses) in the UK. This route requires entrepreneurs to be actively involved in running of their businesses either as company directors or as self-employed. Entrepreneurs are allowed to be employed and work only in the businesses they are involved with.
Successful applicants are granted with three years of initial leave to remain and those applying must have access to at least £200,000. Under certain circumstances, the applicants can apply if they have access to only £50,000. The funds can be shared by up to two people where they can apply as an entrepreneurial team. The initial leave will be further extended by two years if the applicants demonstrate that they have invested the funds in their business (or businesses) and created at least two full-time positions that existed for at least 12 months during the three-year initial period.[21]
To prevent abuse of the route, all the applicants are subject to a Genuine Entrepreneur Test in which they must demonstrate the credibility and genuineness of their business (or businesses). In some cases, the applicants could be interviewed or asked to submit extra evidence.
After 5 years of leave on Tier 1 Entrepreneur, the applicants could potentially apply for Indefinite Leave to Remain (ILR) in the UK. The route allows the most successful entrepreneurs to apply for settlement within the first three-year under the Accelerated Route if they demonstrate that their business generated a turnover of at least £5m or created 10 full-time jobs for 10 people lasting 12 months or more.[22]
International students are no longer able to apply for Tier 1 (Entrepreneur) route within the UK. Instead a separate route under Tier 1 (Graduate Entrepreneur) exists in which international graduates who have been officially endorsed by either the Department for International Trade (DIT) or a British higher education institution (HEI) can apply to remain in the UK to pursue their business ventures.[23]
On 7 March 2019, the government published immigration rule changes to close the Tier 1 (Entrepreneur) and Tier 1 (Graduate Entrepreneur) routes to initial applications on 6 April 2019 and 6 July 2019 respectively. These two routes will be replaced by two new visa categories namely 'Start-up' and 'Innovator' visas.[24]
Tier 1 (Investor)
The Investor [25] subcategory is for those who wish to invest capital in the United Kingdom. In November 2014 the investment thresholds were increased to £2,000,000, £5,000,000 or £10,000,000. The difference between the thresholds is the amount of time it takes a migrant to be eligible for Indefinite Leave to Remain. With the £2,000,000 threshold it is 5 years, with the £5,000,000 threshold it is 3 years and with the £10,000,000 threshold it is 2 years.[26] The funds must be invested in either share capital in British companies or in British bonds.[27]
Tier 1 (Exceptional Talent)
The Exceptional Talent sub-category is for those who are recognised or have potential to be recognized as exceptionally talented leaders in the fields of science, the humanities, engineering, medicine, digital technology or the arts. This visa is issued for an initial maximum period of five years and four months.[28]
Skilled worker
The Skilled Worker route is for those offered a job by a UK employer that meets minimum levels or salary and skill.
Skilled worker was introduced on 1 January 2021 to replace the previous Tier 2 General route which had been in place since November 2008.[29] Tier 2 had itself replaced the provisions for work permit employment, ministers of religion; airport-based operational ground staff, overseas qualified nurse or midwife, seafarers, named researchers, agency employees, and overseas representatives (news media).[30]
Compared to Tier 2 General, Skilled worker has some important change:
- Removal of Annual Cap
- Lowering education qualification levels to RQF 3
- Lowering of salary thresholds for New Entrants to UK Labour Market and those who will be employed in Jobs listed on Shortage Occupation List.
- Permitting switching from Tier 2 Intra Company Transfer to Skilled Worker Visa
Tier 5
Tier 5 began in November 2008 and covers temporary workers and youth mobility. It replaced the previous schemes of Working Holidaymaker, au pairs, BUNAC, the Gap Year entrants concession, the Japan: Youth Exchange Scheme and the concession for research assistants to MPs.[31][32]
This category comprises five sub-categories and the Youth Mobility scheme. The sub-categories are: Temporary workers – International Agreement; Temporary Workers – Charity Workers; Temporary Workers – Creative and Sporting; Temporary Workers – Religious Workers; and Temporary Workers – Government Authorised Exchange. Of the general requirements for all of these sub-categories, a major requirement is that individuals are able to come to the UK for a maximum of 12 months (except for the Youth Mobility and International Agreement Schemes where successful applicants will get 24 months) in order to seek temporary and short-term work, after which they will be expected to leave. Applicants under all Tier 5 sub-categories need to score 30 points for a valid certificate of sponsorship from a licensed UK employer (except the Youth Mobility Scheme), and 10 points for maintenance (having enough funds to support themselves in the UK) – currently this is £800.
However, before a person can apply under this category they will need a valid certificate of sponsor, which can only be issued by a sponsor who is registered with the UK Border Agency.
Graduate Route for international students
This route is for those who complete a UK degree or other eligible qualification to work in the UK for up to 2 years. During this time they can secure longer-term employment and switch to another route that allows this.
A Science and Engineering Graduate Scheme was first introduced in 2004 especially to allow STEM graduates to remain in the UK for one year’s work experience. Over time the visa opened to graduates of all subjects as the International Graduate Scheme, the Tier 1 (Post Study Work) allowed all graduates of any discipline and any degree class to remain in the UK for up to two years in order to search for work with no restrictions on its skill level.[33]
In 2011 the Home Secretary Theresa May announced that, from April 2012, the Tier 1 (Post Study Work) visa was to be closed on the grounds that the arrangement was "far too generous" and that 39,000 students and their 8,000 dependants took up the visa "at a time when one in ten UK graduates were unemployed."[34] The route was eventually closed to all applicants on 6 April 2012.
In February 2016, the UK parliament’s Scottish affairs committee published an inquiry on the impacts of the closure of Tier 1 (Post Study Work) route on Scottish universities. The committee observed that the number of non-EU graduates moving on to work visas in Scotland after their studies has declined by 80% since 2012, and it argued that expanded post-study work rights for international students in Scotland should be reinstated. The British government formally replied on 19 October 2016 and rejected the committee’s proposals. The government argued that the existing visa options are sufficient for international students in Scotland, and noted that, "Applying different immigration rules to different parts of the UK would complicate the immigration system, harming its integrity, and cause difficulties for employers with a presence in more than one part of the UK."[35]
On 11 September 2019, eight years after it was originally cancelled by then Home Secretary Theresa May,[36] the UK government announced its plans to reintroduce the two-year post study work visa as the new “Graduate Route” for international students.[37]
On 14 October 2019, the UK Home Office confirmed that graduates of the country’s higher education institutions will be eligible for the two-year Graduate Route visa from summer 2021.[38]
In June 2020, during the COVID-19 pandemic, the UK Home Office confirmed that international students forced to continue their studies through distance or blended learning would remain eligible for the Graduate Route post study work visas in 2021 upon graduation, provided they “enter the UK before 6 April 2021 and complete the final semester of their studies in the UK”.[39][40]
In July 2020, the UK Department for Business, Energy and Industrial Strategy revealed that international students who complete a PhD from Summer 2021 can stay in the UK for 3 years after study to live and work with the Graduate Route visa, as opposed to 2 years for undergraduate and postgraduate students.[41] The UK Home Office also confirmed that dependants of postgraduate international students with a Graduate Route post study work visa from 2021 will retain leave to remain and the right to work in the UK provided they were in the country with them during the international student’s postgraduate studies.[42]
High Potential Individual Visa
From 30 May 2022, a new visa was introduced for graduates from non-British universities which feature in the top 50 of two of the three main international university rankings: Academic Ranking of World Universities, QS World University Rankings, and Times Higher Education World University Rankings. The visa follows similar terms to the post-study visa option available to graduates from British universities with eligible graduates given a 2-year work visa (3-year for those with a PhD).[43]
Graduates who have received a qualification from the following institutions between November 2022 and October 2023 in the past 5 years are eligible:[44]
History
Reception
In 2008, one of the justifications for the move to a new immigration system was the perceived need to restore public trust in immigration law and controls.[45] During its introduction, the system was criticised by the then opposition Conservative Party because it lacks an overall cap on the number of people who can qualify under the points criteria.[45] There have also been concerns that, in failing to provide for the possibility of low-skilled migration from outside of the EEA, the system might cause skills shortages in sectors such as the construction industry in the run-up to the 2012 Summer Olympics in London.[46]
The system was criticised by the NHS Employers Organisation because NHS trusts faced a staffing crisis because plans to recruit more Filipino nurses were frustrated by the points-based immigration system. 85 applications by Newcastle upon Tyne Hospitals NHS Foundation Trust for tier 2 certificates of sponsorship were rejected between June and September 2015. The organisation wrote on behalf of the Trust, and nine others similarly placed, to the Home Secretary, Theresa May complaining that about 1000 applications had been rejected in six months, and anticipating that a further thousand would also be rejected. The Home Office responded by saying that over 1,400 tier 2 certificates of sponsorship had been issued to nurses since April 2015, but 600 had been 'returned unused.' Nurses were removed from the Shortage Occupation List on 6 April 2015, and the pay of most nurses is not sufficient to gain priority under the points based system.[47]
Tiers not in use
Tier 1 (General)
The Home Secretary announced on 23 November 2010 that the Tier 1 General route will be closed.[48][49] As of 23 December 2010, Tier 1 (General) was closed for overseas applications.[50] Tier 1 (General) closed for applications in the UK (i.e. completely) on 6 April 2011. There were transitional arrangements for applications undecided by 6 April 2011.
Tier 1 (General) applied to highly skilled potential migrants looking for a job or wishing to become self-employed in the UK, and replaced the Highly Skilled Migrant Programme (HSMP).[51] Applicants to Tier 1 (General) are awarded points for attributes including age, previous or prospective salary and qualifications. Applicants must have scored at least 75 or 80 points (depending on the time of their initial application) for primary attributes and 10 points each for English language and had the necessary funds to ensure maintenance in the UK.[51] Applicants did not need to have a formal job offer made by a licensed UK employer in order to apply under this category.
This is an obsolete immigration route. Under the scheme, students who have successfully completed a degree at a UK institution could apply for permission to work in the UK for two years without needing a work permit. Holders of postgraduate certificates and postgraduate diplomas were originally eligible to apply, but these qualifications were removed from the eligibility in April 2009.
The Post Study Work scheme combined the previous one-year International Graduates Scheme (IGS) and two-year Fresh Talent - Working in Scotland Scheme (FTWiSS) into a single UK-wide two-year work scheme. Those already working under the IGS could have switched into the new scheme for a maximum total leave of 24 months.[52] The UK Border Agency described Tier 1 (Post Study Work) as "a bridge to highly skilled or skilled work. People with Post Study Work leave are expected to switch into another part of the points system as soon as they are able to do so".[53] The route was closed to all extension applicants on 6 April 2015 and subsequently fully closed to all applicants (including settlement) on 6 April 2018.[54]
Tier 3
(Never used) Tier 3 was originally designed for low-skilled workers filling specific temporary labour shortages, however it is currently suspended by the UK Government. A strong supply of labour from the European Economic Area (EEA), members of which do not require visas to work in the UK, has meant it has never been required since the points-based system was implemented in 2008.
Tier 4
Tier 4 Student Visas were replaced by New Student Route under new PBI from 2021.
All student visas were classed under Tier 4 of the points-based system. To qualify, visa applicants must have already been offered a position at an educational institution which is licensed to sponsor migrants.[55] The duration of Tier 4 visas varies, taking into account the time needed to conclude studies (but not necessarily attend a graduation ceremony). Some additional time is provided after the course ends to enable the student to receive results and make a decision on whether to use those to make an additional application for further leave to remain, but the additional time may or may not be sufficient to cover graduation. New restrictions were implemented on 6 April 2012.[56]
See also
References
- ↑ "Home page | UK Visas and Immigration." Gov.uk. Retrieved 10 December 2020.
- 1 2 3 4 5 6 7 8 "The UK's points-based immigration system: policy statement," Policy paper. Gov.uk. Government of the United Kingdom. 2020 February 19. Retrieved 10 December 2020.
- ↑ European, Union (2 December 2019). "UK Conservatives want to introduce travel authorisation scheme for EU". Schengen VISA Info.
- ↑ ETIAS, Info (9 December 2019). "UK reveals US style visa waiver for EU Citizens". ETIAS Info.
- ↑ McCulloch, Adam (2 December 2019). "Eu Visitors to UK will require three days notice before travelling". Personnel Today.
- ↑ "Tories plan electronic visa waiver for EU citizens". ComputerWeekly.com. Retrieved 22 January 2020.
- ↑ "UK electronic visa waiver introduced for Oman, Qatar and UAE." Gov.uk. 2013 December 30. Retrieved 10 December 2020.
- ↑ Chambers, Richmond (19 October 2018). "UK government proposes a single immigration system". Richard Chambers (Professional Immigration Lawyer).
- ↑ Chambers, Richmond (Professional Immigration Lawyer) (19 October 2018). "UK government proposes a single immigration system". Richmond Chambers.
- ↑ McDonald, Karl (21 February 2020). "Would you pass the UK's points-based immigration test? Rules for getting a visa under the new system". I News.
- ↑ "The UK's points-based immigration system: an introduction for employers". GOV.UK. Retrieved 17 August 2021.
- ↑ Collins, Annabelle (25 April 2018). "Absolute shock' at government refusing visas for hospital doctors". HSJ.
- ↑ "Standard Visitor visa". Gov.UK.
- ↑ "Marriage Visa". Gov.UK.
- ↑ "Permitted Paid Engagement Visa". Gov.UK.
- ↑ "Parent of Child at School Visa". Gov.UK.
- ↑ "Transit Visa". Gov.UK.
- ↑ "Tier 2 (Work Visa)". Gov.UK.
- ↑ "Tier 5 (Work Visa)". Gov.UK.
- ↑ "Tier 4 (Student Visa)". Gov.UK.
- ↑ "Tier 1 (Entrepreneur)". Gov.UK.
- ↑ "Guidance (Tier 1 Entrepreneur)". Gov.UK. 6 October 2021.
- ↑ "Tier 1 (Graduate- Entrepreneur)".
- ↑ EXPLANATORY MEMORANDUM TO THE STATEMENT OF CHANGES IN IMMIGRATION RULES PRESENTED TO PARLIAMENT ON 7 March 2019 (HC 1919) Gov.UK 7 March 2019 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/784060/CCS207_CCS0319710302-002_HC_1919_Immigration_Rules__EXPLANATORY_MEMO__PRINT_.pdf
- ↑ "Investors". UK Border Agency. 30 July 2008. Archived from the original on 30 July 2008.
- ↑ "Tier 1 Investor (Debate)". Immigration Media. 9 February 2015. Archived from the original on 2 April 2015.
- ↑ "Tier 1 Investor (debate)". Immigration Media. 9 February 2015. Archived from the original on 2 April 2015.
- ↑ "Tier 1 Exceptional Talent". Gov.UK. 2 July 2015.
- ↑ "Tier 2 Sponsored Skilled Workers". Gov.UK.
- ↑ "Skilled workers the point based system" (PDF). Home Office. 23 October 2008. Archived (PDF) from the original on 23 October 2008.
- ↑ "Temporary workers". UK Border Agency.
- ↑ "Temporary workers and youth mobility under the points based system - (Tier 5): Statement of intent Archived 2008-10-23 at the UK Government Web Archive". UK Border Agency.
- ↑ "Analysis of the Points Based System : Tier 1" (PDF). Gov.uk. December 2009. Retrieved 29 August 2017.
- ↑ "Foreign student visas: Home Secretary's statement - GOV.UK". Gov.uk. 21 March 2011. Retrieved 29 August 2017.
- ↑ "Scotland continues to press for post-study work rights". Monitor.icef.com. 7 November 2016. Retrieved 29 August 2017.
- ↑ "Major changes to student visa system". UK Home Office. Retrieved 22 March 2011.
- ↑ "UK announces 2-year post-study work visa for international students". British High Commission New Delhi. Retrieved 11 September 2019.
- ↑ "Fact sheet: Graduate Immigration Route". UK Home Office. Retrieved 14 October 2019.
- ↑ "COVID-19: 2021 UK PSW confirmed for students forced into distance learning". Global Education Times. 16 June 2020. Retrieved 16 June 2020.
- ↑ "UK confirms post-study work stands if onshore by April 2021". The PIE News. 16 June 2020. Retrieved 16 June 2020.
- ↑ "3 year UK PSW for PhD students from 2021". Global Education Times. July 2020. Retrieved 1 July 2020.
- ↑ "UK confirms work rights for dependants of postgraduate PSW students". Global Education Times. 13 July 2020. Retrieved 13 July 2020.
- ↑ "High Potential Individual (HPI) visa". gov.uk. Home Office.
- ↑ "High Potential Individual visa: global universities list 2022". gov.uk. UK Visas and Immigration. Retrieved 1 November 2022.
- 1 2 Patrick Wintour (6 December 2007). "Smith seeks to restore trust in immigration system". The Guardian. London. Retrieved 16 March 2008.
- ↑ "Games 'may need non-EU workers'". BBC News. 22 January 2008. Retrieved 16 March 2008.
- ↑ "Tier 2 visa problems making NHS staffing crisis worse". Workpermit.com. 17 September 2015. Retrieved 19 September 2015.
- ↑ "Home Secretary: Immigration limit oral statement" (PDF). Webarchive.nationalarchives.gov.uk. 23 November 2010. Archived from the original on 10 January 2014. Retrieved 29 August 2017.
{{cite web}}
: CS1 maint: bot: original URL status unknown (link) - ↑ "Annual limit for Tier 1 and Tier 2 visa applications". webarchive.nationalarchives.gov.uk. Archived from the original on 10 January 2014. Retrieved 29 August 2017.
{{cite web}}
: CS1 maint: bot: original URL status unknown (link) - ↑ "Tier 1 (General) visa - GOV.UK". ukba.homeoffice.gov.uk. Retrieved 29 August 2017.
- 1 2 "The points-based system: How it works". UK Border Agency. Archived from the original on 27 December 2007. Retrieved 6 July 2014.
- ↑ "UK Border Agency- Tier 1 (Post Study) - Transitional arrangements". UK Border Agency. Retrieved 2 August 2008.
- ↑ "Highly skilled migrants under the points based system: Statement of intent" (PDF). Border & Immigration Agency. Archived from the original (PDF) on 9 June 2008. Retrieved 27 April 2008.
- ↑ "Tier 1 (General) visa". Gov.uk. March 2018. Retrieved 18 March 2018.
- ↑ "UK Student Visa (Tier 4) - Info - Apply - Visa First". Visafirst.com. Retrieved 29 August 2017.
- ↑ "Announcements - GOV.UK". ukba.homeoffice.gov.uk. Retrieved 29 August 2017.