Wednesday 18 November 2009

Migration Advisory Committee (MAC)

The Migration Advisory Committee (MAC) published its latest report on 21 October 2009. This is its second partial review of the shortage occupation lists for the UK and Scotland. The MAC produced its first recommended lists in September 2008, which were accepted in full by the government. The MAC carries out partial reviews every six months, with a full review every two years. It published its first partial review in April 2009. The MAC has now reviewed all occupations originally recommended in September 2008. The lists identify occupations where there are insufficient UK workers. They can be used by employers under Tier 2 of the Points Based System to bring in non-EEA workers without having to meet the requirements of the resident labour market test by advertising the post. A prospective employee can also submit an application without having to show previous earnings or qualifications although he/she will still have to provide evidence o maintenance and English language skills.

The reports detailed recommendations are as follows. The numbers in brackets refer to the Standard Occupational Classification (SCOC) code as used in the UKBA’s Codes of Practice.


Additions:

• Project managers within the electricity transmission and distribution industries (1121)
• Site managers, station managers, shift/group leaders within the electricity transmission and distribution industry (1123)
• Mechanical engineers in the electricity transmission and distribution and the electricity generation industries (2122)
• Electrical engineers in the oil and gas industry and power system engineers, control engineers, protection engineers, project control engineers, control and instrumentation engineers, assistant engineers, electrical engineers within the electricity transmission and distribution industry (2123)
• Design engineers within the electricity transmission and distribution industry (2126)
• Plant process engineers within the electricity generation industry (2127)
• Planning/development engineers and quality, health, safety and environment engineers within the electricity transmission and distribution industry (2128)
• Project engineers and proposals engineers within the electricity transmission and distribution industry (2129)
• Higher-level specialty trainee posts in paediatrics (ST4 level) (2211)
• Non-consultant, non-training, medical staff posts in general internal medicine (acute) (2211)
• Pre-registration pharmacists working in the NHS and hospitals (2213)
• All teaching posts in special schools (2316)
• Commissioning engineers (3113)
• Production controllers in the electricity generation industry (3119)
• Licensed and military certifying engineers/inspector technicians and airframe fitters (5223)
• Site supervisors within the electricity transmission and distribution industries (5249)
• Skilled meat boners and meat trimmers (5431).


Amendments

• Simplified list of relevant job titles under the physicists, geologists and meteorologists occupation (2113)
• Change from previously listed a nurse specialities in connection with operating theatre work to ‘specialist nurses working in operating theatres’ (3211)
• Change from previous inclusion of nurses working in critical care units with a level 2 or level classification to nurses working in neonatal intensive care units only (3211)
• Change from previous inclusion of overhead linesworkers to overhead linesworkers within the electricity transmission and distribution industries only (5243)
• A three-year experience requirement for skilled chefs (5434).
• Slight change in the licencing arrangement for work riders (6139).
• Amendments to the skill definition of ballet dancers (3414).


Removals

• Most civil engineers (2121)
• Consultants in chemical pathology (2211);
• Consultants in child and adolescent psychiatry (2211);
• Consultants in clinical neurophysiology (2211);
• Consultants in clinical pharmacology and therapeutics (2211);
• Consultants in dermatology (2211);
• Consultants in immunology (2211);
• Consultants in intensive care medicine (2211);
• Consultants in paediatrics (2211);
• Consultants in plastic surgery (2211);
• Consultants in renal medicine (2211);
• Clinical psychologists (2212);
• Consultants in orthodontics (2215);
• Health Professions Council (HPC) registered ophthalmic and vision scientists (2112);
• Aircraft component manufacturing engineers (3113)
• Ship and hovercraft officers (3513).

The Government announced on 12 November 2009 that it was accepting the MAC's recommendations. This new shortage occupation list for the United Kingdom and Scotland will apply to all certificates of sponsorship assigned on or after 14 December 2009. Applications based on certificates of sponsorship assigned before this date will be considered against the shortage occupation list in place at the time.

Prime Minister’s Speech on Immigration

On 12 November 2009 the Prime Minister made his first speech on immigration since February 2008. There are rarely any coincidences of timing in politics. Immigration is always rated highly amongst issues of interest to the public but the Guardian reports that private polling conducted during the summer by the Unite trade union showed that immigration is the single biggest issue leading natural Labour voters to defect either to the more extreme parties, such as the British National party, or refusing to vote at all.

The impact of the recession on employment and associated concerns about foreign workers, reports of Baroness Scotland’s employment of an illegal worker, the appearance of the BNP on Any Questions and the Home Secretary’s negative comments about Labour’s record have all combined to keep immigration in the media and provided a platform for the Tories to criticise Labour policies as ineffectual.

The Government has therefore recognised the need to reassert that it is in control by welcoming the contribution immigration has made to British society, confirming that it has been listening to the people and understands the issues, highlighting what it has achieved recently and rejecting Tory proposals for quotas as unworkable by reference to experience in the USA. Instead, the Government will tighten the existing points based system in order to manage and control migration.

The Prime Minister refers to the Migration Advisory Committee whose latest report had been accepted by Government (coincidentally) on the same day as the speech and that with the benefit of further training for the domestic workforce will be looking at further reductions in shortage occupations in the future. Examples cited by the Prime Minister are engineering roles, skilled chefs, and care workers. The time for a job to be advertised under the resident labour market test through a job centre will also be increased from 2 to 4 weeks.

He also re-affirms that the Points Based System will be extended to permanent residence and citizenship so that the right to stay permanently will no longer follow automatically after living in the UK for a certain number of years but will require a period of probationary citizenship and points-based test, with evidence of continuing economic contribution, of skills, of progress in English and knowledge of life in Britain. The right to post-18 education at the ‘home rate’, permanent social housing tenancies and some social security benefits will not be available to probationary citizens.

The Prime Minister also announced a review of student visas - to be conducted jointly by the Home Office and the Department for Business and to report in December. The review will look at the case for raising the minimum level of course for which foreign students can get a visa. It will also examine the case for introducing mandatory English language testing for student visas other than for English courses and review the rules under which students on lower qualification courses work part-time, especially those on short courses.