New Immigration Laws: A Practical Guide

Scotland's immigration laws have changed

During 2008, the United Kingdom overhauled its immigration law and implemented a points-based system for non-European Union migrants wishing to come to the UK to work, study, and train.

The new immigration system, run by the Home Office UK Border Agency, consists of five ‘tiers’ (see bottom of page for more details) that will replace the 80 immigration routes that existed before and make the process more rigorous and streamlined.

Each tier works on a points system to gain a work permit in the UK. Points are awarded for various criteria specific to each tier, such as age, previous salary or prospective salary, and qualifications.

TalentScotland talks to Nina Russell of the Scottish Government's Relocation Advisory Service (RAS) about the new protocols to obtain a work permit.

Here are some typical questions that Nina and her team deal with from companies wanting to obtain work permits for foreign nationals.

1. We often recruit overseas candidates – what do I need to do?

If you are planning to employ a foreign national for a job in the UK, you have to apply for a sponsorship licence with the Home Office. Visit www.bia.homeoffice.gov.uk for more information.

If you have offered a foreign national a job, you also need to have evidence that you have advertised and tried to recruit a person for the position in the UK labour market, but have not been able to find the skills and experience you needed.

If the job skill is listed in the UK National Shortage Occupation List then you can apply for a work permit without advertising the vacancy.

2. We are planning to recruit from overseas in the New Year, but it is likely to be a one-off.

Even if it is a ‘one-off’ or an exceptional circumstance you will still need to obtain a license with the Home Office.

3. In the past we have recruited individuals with a visa under the Highly Skilled Migrant Programme. Does this still exist?

The Highly Skilled Migrant Programme has been replaced by the new Tier 1 in February 2008, but as Tier 1 uses a similar points system there should be no problems in understanding the new system. You do not need a license for this type of recruitment. For more information, visit www.ukba.homeoffice.gov.uk

4. We are not planning any overseas recruitment, but we do want to transfer a US national from our Boston office to Edinburgh.

Intra-company transfers are an easier way to obtain work permits for non-nationals to work in the UK, particularly where they have had at least six-months employment with the parent company abroad. You need a license for this type of recruitment. For more information visit www.ukba.homeoffice.gov.uk

5. We recruited a number of students on Fresh Talent visas and had issues transitioning them onto work permits. Will the new regulations make that any easier?

The Fresh Talent Scotland Scheme was developed to help overseas students graduating from a Scottish Institution stay and work in Scotland for two years. Fresh Talent holders can switch anytime during their two-year leave to remain onto another work visa if they meet the qualifying requirements (i.e. Work Permit (Tier 2 from November 08), Tier 1 general (former HSMP)).

However, the Fresh Talent Scheme is now closed and has been replaced on the 30 June 2008 by the Post Study Work visa. Post Study Work enables International students graduating from a UK institution to stay and work in the UK for up to two years after completion of their studies. You do not need a license for this type of recruitment.
For more information, visit www.ukba.homeoffice.gov.uk

There will be people who are still studying or working under the Fresh Talent Scotland Scheme. For more information, visit www.bia.homeoffice.gov.uk and look at the ‘Transitional arrangements for migrants on the Fresh Talent Working in Scotland Scheme’ section.


The Five Tiers

The five new tiers designed to make the immigration process more rigorous and streamlined are:

Tier 1: For highly-skilled migrants, entrepreneurs, investors, and graduate students. This is designed to replace the Highly Skilled Migrant Programme, the Entrepreneur and Investor visas and the International Graduate and Fresh Talent schemes.

Tier 2: For skilled workers who have a job offer. This tier will encompass the current UK Work Permit rules.

Tier 3: For a limited numbers of lower skilled workers to fill temporary shortages in the labour market.

Tier 4: Students.

Tier 5: For youth mobility and temporary workers, such as those who come under Working Holiday agreement with other countries.

More Information
RAS offers practical support and advice on a wide range of issues to companies looking to employ foreign nationals. It offers advice on immigration, employment, education, accommodation and cultural issues. The RAS team includes a secondee from the Immigration Advisory Service UK. Visit www.scotlandistheplace.com for more information.


Relocation Advisory Service