The Points Based System makes migration work for Britain - Essay Example

The Points Based System makes migration work for Britain” Several significant factors are worth noting as we try to understand migration system in Britain. First, UK is one of the most popular destinations for migration, and because of this fact; there has been a steady increase in the number of applicants. The increasing number of migrant applicants has started during the 1990s (Apap, 2001). In fact, in 2008, there is 800,000 work applications processed (www.news.bbc.co.uk), and this will continue, especially in the era of globalisation wherein the freer movement of people is accepted (Apap, 2001; Suarez-Orozco & Qin-Hilliard, 2004). Second, regulation of migration has become necessary in the face of the threat of terrorism and abuse (Sutherland, 2009). Third, to protect the interests of the citizens of Britain and the society (Freeden, 2003). Combining all these factors together, it becomes clear why there is a ongoing effort from various sectors of the government in coming up with plans and programmes that will limit the influx of migrant applicants without discouraging those talented people who are needed in UK and contribute to UK’s economy. In order to achieve this end, one of several measures that have been undertaken is the implementation of the Point Based System. The Point Based System is primarily intended to replace the ‘80 work permits and entry scheme’ (Casciani, 2008). The ‘80 work permits and entry scheme’ are the 80 different ways and routes that can be used if one seeks to work, study to train in UK. This migration policy has been developed piecemeal depending on whatever need arises (Casciani, 2008). In this regard, the migration network of UK is considered complex. However, with the implementation of the Point Based System, the 80 scheme is superseded, and it has made UK migration system a lot simpler and more effective in identifying people and talents that are needed in UK. As such, the Point based System will make it easier and faster for employers and education to identify the people that they will need. In the Point Based System, the more skills the person has, and the more the skills, that the person has is in demand, the higher the points that one gets, thus increasing the likelihood that the person may enter UK. In this regard, the Point Based System intends to identify and attract workers that can contribute most to UK, to achieve a more efficient and transparent system of application, increased support from employers and educational organization, thereby increasing g compliance and reducing abuse and finally, it seeks to curb low skilled workers from outside EU (www.ukba.homeoffice.gov.uk). This set up is patterned after Australian Point System, which is considered as one of the simplest and most effective migration in the world. The system will not affect the mobility of European Union workers (Casciani, 2008). The Point Based System is made up of five tiers. Tier One: Highly Skilled. In this tier, the most skilled can have the opportunity to enter UK even without any job offers or employee certification. This means that if the application is successful, then the applicant can have the right to immigrate to UK and have full and free access to the employment market. This includes scientists, doctors, entrepreneurs and business people. As such, a successful applicant under Tier 1 will be permitted to live and work in the UK, seek and undertake employment, establish business, make a substantial investment, or be self-employed (www.ukba.homeoffice.gov.uk). There are four classifications under Tier 1; general visa, post study work visa, entrepreneur visa and the investor visa. A minimum of 80 points is required to qualify in Tier 1 general visa. The categories in which points are awarded include age, qualifications and earnings. This tier offers the opportunity for the successful applicant in becoming naturalise British citizen. Tier Two: Skilled Work Permits. This is similar with the previous work permit scheme. This tier intends to cater to people who have the work experience and skills that are required in a wide array of works ranging from health to white-collar jobs and trade. Under tier 2, a certificate of sponsorship from the employer is required, and this is included in the application. In this regard, tier 2 is employer led application and the employer ought to meet certain requirements and is registered in the UK Border Agency. Tier 2 has three categories; general UK work permit, intra-company transfer work permits and visas for sports people (www.ukba.homeoffice.gov.uk). A minimum of 70 points is required in this tier and competence in the English language is required. The categories in which the points are awarded are sponsorship, qualifications, prospective earnings, English language and maintenance requirements which a showing that the applicant has ? 800 funds available in the bank account three months prior to application. Tier Three: Low Skilled Worker Visa. This tier intends to cater to workers who seek employment in the UK performing low skilled work. The sponsorship of the employer is also necessary in tier 3. The certification will serve as confirmation that the application will be working in the UK and that the applicant is bound by the terms of the route (www.ukba.homeoffice.gov.uk). The Migration Advisory Committee determines the need for low skilled workers; they identify shortage area, which cannot be filled by domestic workers. Unlike Tier 1 and 2, Tier 3 does not provide the applicant the opportunity to apply for permanent residence permit in UK. Likewise, it does not provide any provision for spouse visa and dependent migration. Tier Four: Student Visa. The student visa has been controversial in the past because it is claimed to have been subjected to abuse. In this sense, under the new system, the educational institution is the one that is responsible for the point system of the student, as they will be vouching for the student. In this regard, educational institutions are registered in order to control the influx. There are three categories under this tier; general student, school student and study through work student. Tier 4 is not an intended route for settled status in the UK. It does not provide the possibility that may lead to naturalisation. Tier Five: Youth Mobility and Temporary Workers. This tier replaces the Au Pair programme and Working Holiday Maker visa. Tier 5 is available to participating countries, and if the applicant is between 18- 30 years of age. The maximum allowable stay in UK for applicants in this tier is 24 months. This route is temporary, and upon the expiry of the visa, the successful applicant has to return to his home country. Tier 5 is open for creative artists, sportspeople, entertainers, charity/voluntary workers, religious workers, government authorised exchange and international agreement between the UK and another country. Point Based System with its five tiers provides consolidation of the various possible entry schemes to the UK, identification of labour and skill shortages and gaps, thereby, allowing for an easier and faster response, and finally it is the scheme that can prevent illegal and overstaying aliens. This is made possible because through the sponsorship the sponsors are the one responsible to ensure that the students, and temporary workers will leave at the expiration of their visa. The presentation of the Point Based system is undertaken to get an idea as to what the system is all about. As shown, the intention of the Point Based System is to encourage people with excellent or more skills to go, work and contribute to UK and discourage low skilled workers. This exceedingly simplistic laying down of the primary ethos for the inception of the program shadows some salient repercussions of the system. In the new system, highly skilled workers are preferred. In fact, they claim that the more demand for the skill the applicant posses, the higher the probability of entering UK. This principle discriminates over other highly skilled workers. Take the case of health workers, since there is a high demand for nurses and other allied health workers, they will be given higher points compared with someone who is also highly skilled, but is working in the hospitality industry. Technically, in the new system, it is not just the expertise that is critical, but the demand of for the skill, as well. Moreover, as the point system gives priority to health workers, it is silent regarding the increasing demand for teachers, police officers and fire fighters. In this regard, the system is Janus face – it encourages highly skilled individuals who can contribute to UK society but only those highly skilled individuals whose skills UK need the most. Its social implication is that indeed UK is open for the ‘highly skilled’ but even among the highly skilled, the society discerns. It is not entirely base on merit, but of equal importance is utility. UK sends a mixed signal. Since, the bottom line is - it is discriminatory. Economically, the new system unburdens the already strained resources. This is maintained because one of the provisos of the new system is that all successful applicants will in no way use the public funds. They will not economically burden the society. In fact, most of them will be contributing economically to the society, especially for those who are entering UK in Tiers 1, 2, & 4. Tier 1, the business people, entrepreneurs, investors and scientists directly contributes to the economy. Tier 2, on the other hand, through their earnings and spending, they help pump up the economy, while the higher tuition fees and the money spent by international students help the economy. The clear-cut process of identifying labour shortages and skill gaps allow the new system to be responsive to the demands of the employment market. As such, the new system keeps UK level with the economic movements not only within UK, but in international, as well. The new system breeds the culture of distrust towards the sincerity of the policies regarding law-abiding immigrants. This matter is raised because the process makes it cumbersome for those who qualify already in Tiers 1 and 2. Of course, this does not overlook the fact that the system makes it easier for wealthy immigrants to settle in the UK. However, for those who are not loaded but legally qualified the process is tedious, long and disadvantageous in terms of the many other Immigration Rules that they have to fulfil in order to complete their naturalisation process. Although, this can be considered as part of the test to know the commitment of the migrant to the UK in lieu of ‘earned citizenship’ (The Path to Citizenship, 2008), but this should not be done at the expense of the rights of the migrants (Seddon, 2006). The ethos of coming up with a rigorous migration system is reasonable in the light of the factors that have been mentioned at the beginning of the discussion. However, if the intention is to attract and motivate highly skilled people and wealthy immigrants, then, the laws itself together with the system should not be prejudicial. It should be clear, trustworthy and beneficial not only for UK society, but for the migrants, as well. In this regard, it can be claimed that the Point Based System offers a viable option compared with the 80 permit and entry scheme. It provides faster and easier identification and determination of what is needed by the society while at the same time providing means with which over staying and illegal aliens may be countered. As such, the new migration process rationalises and organises migration procedure to UK. However, the stringent requirements that are demanded from the migrants, the longer qualifying periods for obtaining permanent residency or British citizenship and more rigorous qualifying criteria for the immigrants may send mix signals and discourage qualified, legal migrants. The need to “balance the interests of the society with those of the individual and groups should never be overlooked or discounted” as recognised and upheld in R v Oakes [1986] 1 SCR 103, R (Razgar) v Secretary of State for the Home Department [2004]  UKHL 27, [2004] 2 AC 368, and DS (PBS "available" Article 8) Brazil [2010] UKUT 305 (IAC). As the Point Based System simplifies migration system, it can be considered fulfilling its purpose and as such, works for Britain. However, there is still need to bolster authentically the UK migration system so that it is beneficial not only UK, but also qualified and legal migrants, as well. Several academic articles, laws, case laws and books had been searched and checked in order to conduct an analysis and examination of the Point Based System. Likewise, the Home Office UK Border Agency internet site had been repeatedly consulted and searched as this question was being answered. 2. Maylin... The case of Maylin involves not only her present context, but the decision that she has to make now ought to lead to her future plans of studying law in the UK and being able to practise law there as well. In this regard, a careful analysis of her situation ought to be performed in order to provide her with the best advice possible regarding her predicament. The direction that we will be giving Maylin depends on two critical facets – her current qualifications and her immediate plans. In this regard, there are three possible plans will be presented to Maylin. The general idea is that both plans will not touch her future plans of studying law in the UK and become a practising lawyer in the UK, as well. Plan A Based on the current qualification of Maylin as Social Worker with a degree in Political Science, she can apply for Tier 2. Tier 2 is the skilled work permit. Currently, social worker is one the jobs that are included in the Shortage Occupation List that has been released on 16 March 2011. The fact that she holds a degree in Political Science only bolsters her application. Under Plan A, Maylin, will not be having difficulty in pursuing her plans of studying law in the UK and working there as a lawyer too. This is because Tier 2 Migrants can switch to Tier 4, which is the student visa (Tier 4, 2011). `Another benefit that Maylin can have under Plan A is that, under Tier 2, there is an opportunity for her to obtain permanent residence and then apply for naturalisation. This is an overriding consideration since she intends to study law and work as a lawyer in the UK in the future. Moreover, if we are going to see her points, she passes the 70 minimum score requirement for skilled worker permit. 1. Sponsorship Job on the shortage occupation list - 50 Social worker 2. Qualifications Bachelors Degree Political Science – 10 3. Prospective Earnings ? 24,000 - ?27,999 – 15 4. English Language 5. Maintenance Requirements - 10 ?800 funds three months prior to application Looking at her points, she is qualified for Tier 2. The minimum required score is 70 and from the summation, her current score is 85. This score is tallied with zero as her score for English. In fact, there is a possibility that she will not be getting a zero score in the English since there are three possible ways wherein she can get a score. This is through 1. Be a national of a majority English speaking country; or 2. Pass an English language test from an approved English language test provider; or 3. Hold a degree that was taught in English and is equivalent to a United Kingdom bachelor’s degree or above From these options, she can get a score in English. She may get a certification from the school where she took her Political Science degree that the degree was taught in English, or she can also study English and take the Toefl exam. Either way, there is a possibility that she will receive a score in the English language. In fact, the only restriction that she has is the language limitation. Aside from taking the exam, she can also enrol in English course in Chile in order to prepare for travel in the UK and once in UK she can study English and later on law. There is no condition that prohibits one to study. As such, she can study while working. However, Maylin should be careful in fulfilling the tasks and functions of her career as she undertakes further studies with Tier 2 visa. Another benefit under the Tier 2 visa is that family immigration is allowed in this Tier. Plan B Under Plan B, the focus of attention is Maylin’s immediate plans. This includes going to London and learning English in the Moonbeam Success Centre, East Ham. While studying English, she plans to work temporarily in a law firm and look for a law school where she can enrol. In  Zhou v. Secretary of State for the Home Department [2003] EWCA Civ 51, the nature of the student visa has been clarified. It is stated that holders of student’s visa primary purpose is to study, although they are given allowed time to work, they should fulfill their primary obligation, which is to study. Non-compliance with this means breach of the condition of entry and could lead to removal. As such, Maylin should be careful with her real intention as to why she seeks to pursue English studies in Moon Beam Success Centre. In this scheme, Maylin will receive the Certification of Acceptance for Studies from Moonbeam Success Centre. In addition, it is crucial that Maylin will show that she has enough money or funds to cover her fees and costs of living. This is important because as she is going to apply for Tier 4, which is the students’ visa, it is crucial that she gets the CAS from Moonbeam Success Centre and show she has the funds. In Tier 4, Maylin has to satisfy 40 points; 30 points are from the CAS from MoonBeam Success Centre and the other 10 points from funds or money that she has to present. As MoonBeam Success Centre is in East Ham, she has to produce ?800 per month to shoulder her costs of living. Depending on the extent of her study at MoonBeam, she has to demonstrate that she has sufficient funds to cover the fees and her costs of living and that she will not avail of public funds. More or less, she has to present ?1600 covering the first two months of her costs of living and fees for the courses that she will get. When she is done with her English studies under Moonbeam, and she is able to find the suitable law school, she has to inform the immigration of the change of Sponsorship. Of course, this depends on the date of her application and status of the Tier 4 Sponsor. Moreover, Maylin since she is already inside the UK, she should go to the UK Border Agency website to find the application form at www.ukba.homeoffice.gov.uk/studyingintheuk/. If Maylin wants to study with a new Tier 4 sponsor and she made her last application after October 2009, she has to apply for a new permission to stay (Tier 4, 2011). Maylin can start studying in the law school pending her new application provided that she has applied for permission to stay to study with a Tier 4 sponsor that has a highly trusted sponsor rating; or she has an existing leave to study in the UK Her Tier 4 sponsor has signed a Confirmation of Acceptance for Studies to the student for her new course. Considering that she will be studying in a law school, there is a high probability that the school has a highly trusted sponsor rating. This has to be highlighted since that the new application may be refused (Tier 4, 2011, p. 48). The moment that she is done with her law studies, she can apply for Tier 1 Post Studies Work Visa, with the idea that she can live and work in the UK for two Years. In those two years, Maylin has to get the job that will give her the Tier 1 General Highly Skilled or she can apply for the Tier 2 visa at the expiration of her Tier 4 visa. Plan C Plan C is the last option that we can offer to Maylin considering the information she initially presented. Under Plan C, she will also apply for Tier 4. However, the difference with Plan B is that instead of applying at a Tier 4 Sponsor, which is the MoonBeam Success Centre, Maylin in Plan C will opt for a Law School that offers pre-sessional courses that will prepare her for her main course of study in the UK, which is the law. Maylin does not have to worry regarding the length of her stay covering both pre-sessional and her main course where the Confirmation of Acceptance for Studies is issued by a UK Higher Education Institution to cover both a pre-sessional course of no longer than three months’ duration; and the applicant has an unconditional offer of a place on a course of degree level study at that UK Higher Education Institution; and The course of degree level study commences no later than one month after the end date of the pre-sessional course. Source: Tier 4, 2011 In this case, Maylin can immediately apply from Chile to London. She can look for law school in London in Chile, apply and study. Just like in Plan B, the Higher Education Institution will be providing the CAS and that Maylin will have to present the Maintenances funds that she will need for her stay. These conditions have been reaffirmed in YS and SJ (Degree level study) Mauritius [2006] UKAIT 00094 (08 December 2006), wherein it has been stipulated that they will be granted entry and leave to remain if they have satisfied all the rules under the Immigration Law. Likewise, she has to present ?1600 for the first two months of her costs of living and the first year of fees. When she finishes her law degree, she can apply for Tier 1 visa wherein she will be given two years to live and work in UK. In those two years, she has to get a job so that she can apply for a Tier 2 visa or Tier 1 visa. However, currently, Tier 1 general visa is closed as in the case of . In this plan, Maylin has to look for a UK Higher Education Institution outside of London. She has to visit a different website: International Group website (formerly known as UK Visas) at www.ukvisas.gov.uk/en/howtoapply/vafs where he/she can get the forms and more information on how to fill them in. In both Plan B and Plan C Maylin can work. Since, she is taking a degree level course, the following works are allowed: part-time during term-time, which is no more than 20 hours a week; full-time during vacations; on a work placement as part of the course; as a postgraduate doctor or dentist on a recognised Foundation Programme; as a student union sabbatical officer for up to two years Source: Tier 4, 2011 There is no direct advice given for Maylin’s condition not because of lack options. Instead the three plans are presented primarily because Maylin’s situation opens may possible alternatives wherein she can reach her future goal of studying law in the UK and working there as a lawyer after finishing her degree. If I were personally to be asked by Maylin, which among the three options is the best, I would be choosing Plan A. I think that Plan A is the best choice because she can now use her current job, earn while studying and while doing all those things; she can apply for permanent residence after several years. Of course, this is difficult considering that she has to study for law and that if she intends to leave UK and go back, she has to show the immigration that she is fulfilling her visa – she has a job and that she is not just studying. Since, if they see no evidence of her work, they may deny her re-entry on the assumption that she is violating the tenets of her visa. However, on the other hand, under a Tier 2 visa, she does not have to worry about her status after finishing law. There is no prohibition against studying, whereas, if she enters as a student, her work capacity is limited. As such, after finishing law and she have to change her visa, and she applies for Tier 1 visa she cannot apply for Tier 1 General visa because of the earnings requirement. Thus, constraining her to apply for a Tier 1 Post Study Work visa, this is only valid for two years and does not provide an opportunity for permanent residency. In the end, the choice is hers. What is significant is that, under the Point Based System, Maylin’s case becomes clear; the path to her citizenship is not mired with uncertainty. Although it appears that, under all the three plans, it will take her several years before she can become a naturalise British citizen. Nonetheless, in the end is that she fulfils her dream – study law in the UK and be able to practise law in the UK. In clarifying Maylin’s issue, several academic articles, case laws, UK Border Agency Internet site and books were searched. Likewise, the reference list of the articles was also search for possible additional sources. References Apap, J 2001, ‘Shaping Europe’s Migration Policy New Regimes For The Employment Of Third Country Nationals : A comparison of strategies in Germany, Sweden , The Netherlands and The UK’, CEPS Working Document No. 179. Borders Citizenship and Immigration Act 2009. Casciani, D 2008, ‘Migration: How points will work?’, Retrieved at www.news.bbc.co,uk/2/hi/uk_news/politics. Accessed on 7 May 2011. Freeden, M 2003, ‘Civil society and the good citizen: competing conceptions of citizenship in twentieth-century Britain’ in J. Harris (ed) Civil society in British history: ideas, identities, institutions. Oxford: Oxford University Press, pp. 275-92 Onslow-Cole, J 2005, ‘The politicisation of UK immigration policy’, Amicus Curiae, iss 5, pp. 18 – 22. Paoletti, E 2010, ‘Deportation, non-deportability and ideas of membership’, Working Paper Series No. 65, Refugee Studies Centre Oxford Department of International Development University of Oxford, Oxford. Seddon, D 2006, Immigration, Nationality and Refugee Law Handbook. JCWI. Suarez-Orozco, MM & Qin – Hilliard, DB 2004, Globalization: Culture and Education in the new Millennium. Berkeley: THE ROSS INSTITUTE Tier 4 of the Points Based System – Policy Guidance 2011. Retrieved at http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/Tier4migrantguidance1.pdf Accessed on 7 May 2011. The Path to Citizenship: Next Steps in Reforming the Immigration System. Retrieved at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/consultations/pathtocitizenship/pathtocitizenship?view=Binary. Accessed on 7 May 2011. Case Laws DS (PBS "available" Article 8) Brazil [2010] UKUT 305 (IAC). R v Oakes [1986] 1 SCR 103 R (Razgar) v Secretary of State for the Home Department [2004]  UKHL 27, [2004] 2 AC 368 YS and SJ (Degree level study) Mauritius [2006] UKAIT 00094 (08 December 2006). Zhou v. Secretary of State for the Home Department [2003] EWCA Civ 51. Electronic Source www.news.bbc.co.uk www.ukba.homeoffice.gov.uk Read More