The Migration Advisory Committee (MAC) has today recommended a new shorter list of occupations eligible for migration under Tier 2 of the points-based system.
A temporary cap on the number of skilled workers from outside the EU allowed into the UK was introduced “unlawfully”, the High Court has ruled.
Home Secretary Theresa May introduced the cap this summer as an interim measure ahead of a permanent cap.
But a legal challenge to it was upheld with judges ruling that ministers had “sidestepped” Parliamentary scrutiny.
The Home Office said it was likely to appeal and the verdict did not threaten its flagship immigration policy.
Officials insisted it would not apply to the permanent cap due to come into force in April.
Prime Minister David Cameron has called for net migration to be reduced from its current level close to 200,000 a year to “tens of thousands”.
Curbing numbers
As a first step, ministers introduced a temporary cap for non-EU skilled workers of 24,100 a month in June, in line with a Conservative election commitment.
But the measure was challenged by the Joint Council for the Welfare of Immigrants (JCWI) and English Community Care Association, which was concerned over the position of immigrant care workers.
In Friday’s ruling, Lord Justice Sullivan and Mr Justice Burton concluded that the home secretary had not gone through the proper parliamentary procedures before implementing the cap.
As a result, it said no lawful limits were now in place for two tiers of job applicants from abroad.
The English Community Care Association said the temporary cap – which reduced by 5% the number of non-EU work visas issued – could have a potentially “catastrophic” effect on the care sector.
As 13% of those who work in care homes come from outside Europe, it said thousands of staff from the Philippines, India and South Africa could be forced to quit their jobs and this could damage continuity of care.
‘Disregard’
Vacancies created would not be filled by British staff, it said, as there was not sufficient demand for the jobs.
It argued the cap had been introduced with “complete disregard” for care providers and their staffing needs.
A Home Office spokesman said the ruling only applied to the interim cap, which was introduced to prevent a rush of immigration applications before the new cap came into force.
The BBC’s Political Correspondent Carole Walker said officials strongly rejected the suggestion that the entire policy was in doubt, saying the ruling was on a point of process not a point of principle.
The level at which the permanent cap will be set has been a source of tension within government, with Lib Dem ministers calling for the regime to be flexible as possible so as not to prevent firms from being able to recruit highly skilled labour.
A raft of new measures will strictly control the numbers that can come to the UK and work from outside Europe, the Home Secretary announced today.
As well as limiting the number of skilled non-European workers that businesses can bring into the country, the Home Office is tightening the intra-company transfer route (which will sit outside the annual limit) and restricting Tier 1 of the points-based system – the ‘highly skilled’ tier – to all but entrepreneurs, investors and people of exceptional talent.
The government will announce later a cap on the number of skilled workers from outside the European Economic Area allowed into the UK.
A cap of up to 43,700 was recommended by migration advisors last week.
David Cameron is expected to increase significantly the number of immigrants from beyond Europe permitted to enter Britain each year.
The Prime Minister is understood to have been influenced by business concerns that the cap introduced after the election is preventing highly-skilled people from coming to this country.
On 19 July 2010, the UK government introduced a limit on the number of initial applications that can be issued under Tier 1 (General) of the points-based system until 31 March 2011. The limit does not affect applications from dependents or applications to switch into Tier 1 (General) from a different immigration category, or applications to extend to existing Tier 1 (General) visas.
Please note that the Public Enquiry Office will be closed for Christmas Holidays from Thursday 23rd December – 3rd January 2011. They will be open as normal from 4th January 2011.
Therefore, if your visa is expiring in the end of December and if you want to use Premium same day service for your visa extension, be sure to contact us in advance, so we can arrange a suitable day for your application.
David Cameron has hinted he may water down his planned immigration cap, telling British firms he will not prevent them bringing in high-skilled workers from abroad.
Last week regulations were laid before Parliament which will mean that even more successful applicants for leave to remain from outside the European Economic Area (EEA) are expected to receive biometric residence permits. The permits will replace the stickers or vignettes in passports. Read more »
