Biggart Baillie Solicitors



Idea & Insights

Immigration Shake-Up Announced

20th December 2007

Home Secretary, Jacqui Smith, has announced that the Government will implement the biggest shake-up of the immigration system in 40 years over the next 12 months.  The reform programme will see the introduction of an Australian style points system that rates highly skilled immigrants.  Further measures will also be taken to simplify immigration law generally.

The new points system is intended to be more transparent, remove subjective decision making and ensure that immigration processes are less open to abuse.  Highly skilled applicants will earn points for their skills, potential for economic success, competence in the English language and ability to support themselves and their dependents.  The Government’s intention is to launch the points system less than 100 days.  The law will be simplified by consolidating the 80 current immigration routes into the following 5 tiers:

1. Highly skilled individuals who can contribute to growth and productivity e.g. scientists or entrepreneurs;

2. Skilled workers with a job offer in place who can fill gaps in the UK labour force e.g. nurses or teachers;

3. Low skilled workers who can fill specific temporary labour shortages e.g. construction workers;

4. Students; and

5. Youth mobility and temporary workers e.g. working holiday makers.

The points ‘pass mark’ for the highly skilled tier of the points system will be determined imminently.  The figure will be informed by the work of the Migration Advisory Committee on economic needs.

Migrants contributed an estimated 15-20% to the UK’s growth between 2001 and 2005.  This amounts to a contribution of around £6 billion to output growth in 2006.  Clearly, highly skilled immigrants are of fundamental importance to the UK economy, filling crucial roles in financial and public services, education and health, communications and technology and business generally.  The purpose of the highly skilled tier of the points system is to attract and retain the most talented immigrants who have the most to contribute economically. 

Paul Brown, Head of our Employment Unit commented:  "Clearly, 2008 is going to bring significant changes to immigration rules and better monitoring of this and employers who employ foreign nationals. Care needs to be taken to ensure that companies do not accidentally fall foul of these new rules."

We will keep you informed of other ministerial up-dates and progress reports which are expected in the early New Year.

For more information, see:
http://press.homeoffice.gov.uk/press-releases/Plans-To-Manage-Migration

For more information please contact:

Glasgow:  Paul Brown or Michael McLaughlin
Edinburgh:  Alan Strain

The information contained in this article is given for general information only and does not constitute legal advice on any specific matter.