Briefings

Immigration: Key extracts from the Government's proposals on immigration law

Immigration
February 2005

On Monday 7 February, the Government published details of its proposed 'shake up' of existing immigration procedures. If re-elected, it plans to implement the changes over the next five years. These include:

A transparent points system for those coming in to work or study

The simple scheme will consist of four new tiers: highly skilled, skilled, low skilled and student/specialist (such as football players) and will sweep away the complexity of the current system. Points will be adjusted to respond to changes in the labour market, giving the system flexibility and control.

Financial bonds to guarantee that migrants return home

These are to be introduced, where necessary, for specific categories where there has been evidence of abuse. Bonds will be refundable only on return to country of origin.

An end to chain migration

There will be an end to the practice where those who have settled in the UK can immediately or automatically bring in dependents, who can then bring in further family members in their own right.

An end to appeals when applying from abroad to work or study

The Government has already reduced the number of times an asylum seeker can appeal against a decision, and will now extend this to migration routes by abolishing appeals for those seeking to enter the UK to work or study.

Only skilled workers allowed to settle long-term in the UK and English language tests for everyone who wants to stay permanently

There will be no automatic right for lower skilled workers and students to stay in the UK. They will have to leave when their visas expire. Only skilled workers who support themselves financially can apply to stay permanently after five years - an increase on the current four - and they will be required to speak and write English.

Fixed penalty fines for employers for each illegal worker they employ

Employers' responsibilities will ensure that those who benefit from migration will share accountability for making the system robust. Excluding the most highly skilled, each migrant will need a sponsor (normally their employer) who must work with the Government to ensure they comply with the rules of their entry to the UK and return home at the end of their stay.

As part of the continued drive against illegal working, the Government will also introduce £2,000 fixed penalty fines for employers, for each illegal worker.

These proposals have not been defined in any detail, and the timetable is not yet clear, but we will send further updates as more information becomes available.

Only skilled workers allowed to settle long-term in the UK and English language tests for everyone who wants to stay permanently

IMPORTANT: This briefing note is only intended as a general statement of the law and no action should be taken in reliance on it without specific legal advice. Release Date: 01 February 2005

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