Embargoed until 00:01 16
February 2011 - Independent Chief Inspector of the UK Border Agency
publishes report on Tier 2 of the points-based system
The UK Border
Agency needs to implement and maintain a consistent approach to
decision making and also increase its focus on compliance of the
skilled migrant tier (Tier 2) of the points-based system, said
John Vine CBE QPM, the Independent Chief Inspector of the UK
Border Agency, publishing his thematic report on Tier 2 of the
points-based system (PBS).
The inspection took place between July and August 2010 and
focused specifically on the General and Intra-Company Transfer
categories of Tier 2, assessing the quality of decisions,
compliance and customer service.
The Chief Inspector was concerned to find:
* inconsistent approaches to the decision making process on
Tier 2 cases which meant that some applications were refused
because of minor omissions of evidence or information whereas
others were given additional time to supply the missing
information;
* applicants were having to make and pay for
subsequent applications because of minor omissions which could
have been addressed with minimal effort by the Agency;
* as a
result of subsequent applications, the Agency was having to use
additional resources to make further assessments and
decisions;
* there was no evidence of a systematic approach to
ensure that post-licensing visits were carried out on sponsors
retrospectively; and
* the Agency did not routinely take the
required action to curtail the leave of migrants who had stopped
working for their sponsor whilst on a Tier 2 visa.
However, the Chief Inspector was pleased to see that:
* on the whole, the Agency was meeting its performance
targets for processing Tier 2 applications;
* there was
positive feedback from stakeholders and delivery partners on the
good working relationships they had with the UK Border Agency;
and
* staff demonstrated professionalism, enthusiasm and commitment.
John Vine, Independent Chief Inspector of the UK Border Agency, said:
"The points-based system was introduced to provide
greater transparency, consistency and objectivity to decision
making on immigration applications. Tier 2 of the points-based
system enables skilled workers to come to the United Kingdom to
fill gaps in our labour force. Having inspected this important
area of the Agency's operations, I have found that the UK
Border Agency needs to take action in regards to the decision
making and enforcement of Tier 2 in general."
"I strongly believe that an applicant should receive the
same level of service wherever they submit their application and I
would expect the Agency to implement and uphold a consistent
approach worldwide. I was also concerned to find that although
mandatory security checks had been made on all Tier 2 sponsors, a
significant number had not received a pre-licensing visit from the
Agency. I did not find evidence of a systematic approach to ensure
that post-licensing visits were carried out on sponsors retrospectively.
"The Agency also needs to ensure it takes action to
curtail the leave of migrants under the Tier 2 system who stop
working for their sponsor. If people no longer qualify to stay in
the UK according to their visa conditions, then they must be
required to leave the country."
- ENDS -
Notes to Editors: 1. A copy of the full report can be
found on the Independent Chief Inspector of the UK Border
Agency's website from 16 February 2011 at www.independent.gov.uk/icinspector/news
2. The Chief Inspector is independent of the UK Border Agency
and is required to report annually to the Secretary of State.
3. The points-based system (PBS) was introduced in 2008. The
basis of the PBS is that anyone from outside the European Economic
Area who wants to work or study in the UK has to have the right
skills and meet the points criteria set out for each of the five
tiers.
4. Tier 2 (Skilled Workers) of the PBS has four categories:
* General - for people coming to the United Kingdom with a
job offer to fill a gap that cannot be filled from within the
resident labour force. This category is also for applicants coming
to fill shortage occupations.
* Intra-Company Transfer - for
employees of multi-national companies who are being transferred to
a United Kingdom based branch of the same organisation.
*
Sportspeople
* Ministers of Religion
Media Enquiries: Trish Macready
Contacts:
NDS Enquiries
Phone: For enquiries please contact the issuing dept
ndsenquiries@coi.gsi.gov.uk
Trish Macready
Phone: 0203 513 0448
patricia.macready@icinspector.gsi.gov.uk