UK Immigration under the new Government: a matter of hope or despair?

Wednesday 2 June 2010

With the dawn of the new political era, many migrants and UK employers may feel uncertain about the future of UK immigration. However, what is known so far is that the main legacy of the previous Government, the Points Based Scheme, and in particular the Tier 1 and Tier 2 Schemes, will be carried forward by the new Conservative - Liberal coalition with more stringent criteria likely to be introduced in the next few months. The new immigration minister, Damian Green, is yet to make a full statement, however immigration "caps" have been widely advertised for non- EU migrants as a set priority for the Conservative party. Similarly, the Liberal-Democrats' amnesty championed in its electoral manifesto, will not be pursued by a Government which may already feel the pressure of having to take unpopular decisions in the domestic arena to tackle the deepening economy deficit. Immigration, as always, will remain a hot political issue in Westminster as much as in your local pubs, although the underlining benefits brought by migrants remain undeniable true by filling vacancies which settled workers are unable to fill and often providing valuable services to an ageing UK population as well as paying taxes (migrants cannot access public funds).

For UK employers, compliance with the sponsor's guidance should remain a key priority in their HR practices to recruit and retain employees. Failure to comply might lead to civil penalties and criminal prosecutions of up to 2 years on indictment for knowingly employing illegal migrants. Thus, UK employers will continue to be registered by the UK Border Agency and will need to show their ability to carry our their obligations as sponsors such as record keeping, reporting and satisfying themselves that their employees are eligible to carry out that particular job in line with the Standard Occupation Code and Tier 2 criteria.

The requirements under the Tier 1 Scheme for highly skilled migrants who do not need a sponsor are likely to be revised again in the next few months with emphasis on the uplift ratios for overseas salaries. Migra & Co has extensive expertise in all immigration categories and if you are concern about your current or future options, please contact us to discuss your specific immigration circumstances or needs.