New points-based immigration system is fairer to foreign contractors

Foreign contractors, that is, those from outside the European Union who wish to work in the UK can now get a perfectly clear view on what they need to become eligible. Once they enter the UK, they can work for any company they choose.

Good News For Contracting

This is the good news, both for foreign contractors and the contracting industry, which was announced by the Home Office on May 6, 2008 as it published the new immigration rules.

Although the Government seems strictly concerned with how many contractors it will keep out with the new system (about 12% fewer will have access based on last years figures according to the Home Office), the fact is that it represents a much fairer and more transparent way to manage this fraught issue. It will also make it easier for UK industry to get more skilled workers on projects, and these are desperately needed as there is a gap of at least 25% in the UK workforce for high-technology skills.

Candidates will be able to track their fulfilment of these criteria and the number of points they have on the Immigration Ministry website. The process will be entirely transparent, and no official will be able to make subjective judgements about individual candidates.

Once they have qualified, contractors will be able to enter the country and to work for any employer they may choose. Previously they were only permitted to work for the company that initially sponsored them.

The London-based Professional Contractors Group hailed the new scheme.

''The scheme announced today will allow managed migration to the UK on the basis of economic need,'' said PCG’s managing director John Brazier. ''Several key changes have been made since the initial proposals were made in 2006, in line with PCG’s recommendations. We welcome this sensible measure that will allow the Government to safeguard the UK’s skills base.''

What Has Changed

When Tier 2 of the new system was first announced two years ago, workers on Intra-Company Transfers were automatically given entry to the UK. Under today’s proposals, an ICT will only earn 30 of the 70 points needed to gain entry: the worker must earn the rest through their qualifications, and by their earnings being at UK market rates.

Another key feature of the proposals is that jobs must either be in a shortage occupation, or be advertised in the UK via an officially-approved jobs board or other channel: companies will only be able to bring workers to the UK if:

• the vacancy cannot be filled with a worker from the UK or Europe, and if
• a migrant worker who scores enough points on the scale can be found.

Transparent View of Eligibility

What makes the system fairer for foreign contractors is the ability it provides to have a transparent view of eligibility. Points are awarded according to clearly defined criteria: candidates must prove that they will be doing skilled work; they must have a documented record of experience in that area; they must speak a good standard of English, and must already be earning more than£ 24,000 per year or have a decent qualification. Further, employers will need a licence from the UK Border Agency to offer jobs to skilled workers.