Over time the visa system for entry and work in the United Kingdom has become overcomplicated, confusing and inefficient. The British Home Office is now in the process of replacing the old system with a more straightforward system based on a system of allocated points. The new visas are categorised into tiers numbering 1 to 5.
• Tier 1: Highly skilled individuals to contribute to growth and productivity; (implemented 29 February 2008)
• Tier 2: Skilled workers with a job offer to fill gaps in United Kingdom labour force (being introduced in Autumn of 2008);
• Tier 3: Limited numbers of low skilled workers needed to fill temporary labour shortages (currently suspended);
• Tier 4: Students (introduced spring of 2009);
• Tier 5: Youth mobility and temporary workers: people allowed to work in the United Kingdom for a limited period of time to satisfy primarily non-economic objectives.
Tiers 3 and 4 are for students and low skilled workers neither of which are applicable to legal specialists. The three visas of most relevance to lawyers are Tier 1, Tier 2 and Tier 5.
Tier 1 – Highly Skilled Workers Visa
The first of the new visa’s to be implemented. It is also referred to as (General) Highly Skilled Workers visa and has been in place since the 29th February 2008. It has replaced the Highly Skilled Migrant Programme (UK HSMP). Tier 1 is allocated on a points system based on qualifications, previous earnings, UK experience, age, English language and available funds. To be eligible for this visa, applicants must pass a points-based assessment. You must score:
• 75 points (based on your age, qualifications, previous earnings, and experience in the United Kingdom)
• 10 points for your English language skills
• 10 points for available funds (if applying from New Zealand you must have savings of at least £2,400 and if you are applying from within the UK you must have at least £800).
The visa is valid for 3 years, with the ability to extend your stay as a highly skilled worker towards the end of this period. If you would like more information on this system then visit the British Home Office website at www.ukba.homeoffice.gov.uk/workingintheuk/tier1/general
There is a fee of £750 to apply. The fee will not be returned if your application is not successful. Any dependents on your application are free of charge.
Tier 2 - Skilled Workers
For a Tier 2 visa to be granted a company must apply to the British government on behalf of a foreign worker and submit a case as to why that person should be granted a Tier 2 visa. In effect it is the same as ‘sponsorship’. If the application is successful then the worker can only work for that company for the first 3 years of his visa. From a lawyer’s perspective this is an unlikely route for access into the UK legal market. The legal job market is competitive and so it would be difficult for a firm to make the case that a particular lawyer has unique skills and experience unless that person was working for the firm in the first place at another office and was transferring to the UK. It is likely that potential employers will be extremely cautious in submitting Tier 2 requests as each company that submits such an application has to agree to an audit by the government of all their HR/personnel files in order for the application to go ahead.
Tier 5 — Youth Mobility Visa
The Tier 5 — Youth Mobility Visa will replace the working holiday visa this year. A date is yet to be announced but it is likely to be around August/September 2008. For now, the Home Office has published a statement of intent that gives information about the rules and regulations they propose for the visa. These could change when the actual criteria is announced. Currently this is valid for 2 years. Applicants must be aged between 18 and 30 and must not have previously held a UK working holiday visa. It is a points–based visa. To be eligible you must accrue 50 points. 30 points will be awarded for sponsorship certificate from your home country but New Zealanders and Australians are likely to be made exempt from this; 10 points will be awarded for being aged between 18 and 30; and 10 points will be awarded for having £1600 in savings (which applicants will have to show proof of in the form of bank statements etc). The Home Office stresses that existing working holiday makers (or those who have previously held a UK working holiday visa) cannot switch to, or apply for, the UK Youth Mobility Visa.
The visa entitles you to work in any lawful job for two years, but cannot work as a professional sportsperson, a doctor in training, or set yourself up in business. You must leave the UK at the end of your two year visa, and if you would like to apply for a Tier 1 (highly skilled) or Tier 2 (sponsorship) visa, you will have to do so from outside the UK. In short, those on a Tier 5 visa will be eligible to work as lawyers. There has been no information released yet as to how much this visa will cost.
The UK Ancestry Visa will continue for now to be granted to those who have parents or grandparents born in the UK. Applicants will need to provide an original, or certified copy, of the birth certificate. There are no restrictions on type or duration of work for the Ancestry visa.
It is expected that the new tier system will be more efficient and make it easier for those with legitimate visas to work in the UK. Its clarity and simplicity will benefit both job seekers and recruiters.
Iain Rainey is a Director of GR Law, an international legal recruitment agency with offices in London, Sydney and Wellington.
