Warner News
11/06/2010
Migrants marrying UK citizens must now learn English
Compulsory English language tests will be introduced for non-European migrants.
01/10/2009
Two new policy announcements for Tier 4
New policy for Tier 4 sponsors
What is the Point Based System?
The United kingdom Border Agency believes the Points Based System will enable them to control migration more effectively, tackle abuse and identify the most talented workers.
The UKBA state the key elements of the system are:
- it combines more than 80 pre-existing work and study routes in to the United Kingdom into five tiers
- points are awarded on workers' skills to reflect aptitude, experience, age and also the demand for those skills any given sector
- to allow the United Kingdom to respond flexibly to changes in the labour market
- it is a fair, transparent and objective system that will enable potential migrants to assess their likelihood of making a successful application and should help to reduce the number of failed applications.
It is true that 80 pre-existing work and study routes will be reduced, but the UKBA do not seem to have taken into consideration the needs of international organisations where people are trained in the UK to add real value to those employers in their overseas operations, and to the benefit of the employee's career. This was traditionally undertaken via the TWES route (Training and Work Experience Scheme), but the UKBA have not replaced this route they simply discarded it.
One of our clients who is a major international brand and household name stated they will consider moving their manufacturing away from the UK if they cannot train their overseas employees in the UK for their usual six-month training programme. Not exactly a benefit to UK PLC.
As for the reasons for the number of failed applications (the UKBA fail to mention in what categories these failures occurred), the reasons for failure had very little to do with the previous system per se, but if it was because of the previous system then that is an admittance of how bad the system was. The HSMP changes being challenged in the Highest court in the land and to be found against the Home Office being a prime example.
The reasons for so many failures in HSMP/Tier 1 applications, for example, is that the UKBA guidelines for HSMP/Tier 1 applications were so badly thought out and delivered, that thousands of individuals and companies making application on behalf of individuals made errors in their applications; and not always because the individual did not qualify. At one time the UKBA (BIA/UKWP) stated that 75% of application had been refused for Tier 1 applicaitons. You have to ask yourself, are there really that many stupid people making applications or is there a systematic failure on the part of the UKBA to provide succinct and easy to follow guidance.
In our experience the guidance given by the UKBA, BIA, UKWP, IND, and the Home Office in general, is often open to interpretation and therefore an applicant can always be given a reason for refusal which just doesn't add up.
The UKBA must recognise that not everyone who needs an immigration service is an immigration expert, and they should give baby-step guidance for all routes into the UK.
One of the other reasons for failures was these individuals were making application through the 'guidance' of so called 'experts' in the UK and overseas, with little chance of the applications being approved, and very little recourse to getting their money refunded. If the UKBA were to concentrate on ensuring experts in the UK and overseas were genuinely experts, then perhaps there would be fewer refusals.