Are the United Kingdom’s immigration policies racist toward Indians or are they simply adhering to the economic and social pressures of the current market trends in the UK? The United Kingdom has historically only sought immigrants to fill the working class labour force. Immigration policies in the sixties and seventies further encouraged immigrants from commonwealth countries who had English ancestry or family ties in the UK, to fill in work shortages. Thus, if an applicant’s grandparent was born in the UK, they had a right of abode to live in the UK.
Then, in the late nineties, the UK saw a dramatic growth in asylum seekers, bolstering the image of the UK as a sympathetic, socially responsible Western country. But since 2001 and the dramatic shift in immigration policies in the United States, which has traditionally only focused on immigration based on economic and market demands, other countries, such as the UK have stepped in to absorb the foreign skilled labour that the US turned away.
The Highly Skilled Migrant Programme (HSMP) was then borne in January 2002. Since its inception, the only significant changes have come about in November 2006. The question is are these changes implemented to exclude persons from certain countries in the same way policies in the seventies were created to exclude persons who did not share a common
UK ancestry?
Or is it simply another policy motivated by the current demands of the UK economic market? Why the changes then? To put it simply – in order to change the criteria from one that was vague and subjective to one that is objective, transparent, and quantifiable. Immigration policies here reflect the new UK landscape – one which welcomes foreign skilled workers as long as they reflect the current market demands supporting a prosperous economy.
So what exactly are these changes to the HSMP and how do they effect applications from Indian nationals?
Prior to these changes, the major scoring areas included educational qualifications, work experience, previous earnings, applicant’s achievements along with their partners’ achievements. Now, the major scoring areas include educational qualifications, previous earnings, prior UK experience, and an age assessment. Further, proficiency in English has become a critical requirement.
For new applicants, scoring a total of 75 points is more straightforward. For example, a bachelor degree would previously score only 15 points; now it scores 30 points. It used to be the case that if you were under 28 years of age, an applicant could score only an additional five points. Now an applicant under 27 can score 20 points, under 29 can score 10 points, and under 31 can score 5 points. And furthermore, if you have any prior experience either studying or working in the UK, you can gain an additional 5 points.
Besides the elimination of two main scoring areas, the main change has taken place in the earnings category. But even here, we see an advantage for applicants: it was the case that an applicant from India over the age of 28 had to show at least earnings of GBP equivalent of £7500 annually to score 25 points. Now an applicant only has to show that they earned £4900 annually to score 25 points. To be able to show £7500.00 annually, an applicant will now be able to score 45 points. Again, another change which is highly favorable for an applicant from India.
So what is all the talk about then? The big question still remains: whatever happens to those applicants who are already in the UK on the HSMP and do not qualify under the new points scheme simply by virtue of the fact that their employment in the UK does not earn the salary required? This remains the most controversial aspect of the changes.
But ultimately, an applicant can still make a successful application for an HSMP extension provided that they he/she possesses at least a Bachelor degree and can show earnings of £35,000 GBP. And where the applicant has a Master’s degree, they must show earnings of £32,000 GBP. If however the prior HSMP approval was for less than a 12-month period, the applicant would only have to show earnings of £23,300.00 with a bachelor’s degree. And this salary requirement would be much lower for applicants less than 32 years of age.
If for some reason, the applicant cannot meet these requirements, there are transitional arrangements in place. Those who are making a useful contribution to the UK economy - for example, working in a skilled job - but who fail to meet the new requirements, will be offered a 'grace period' in which they can switch into the Work Permits scheme (provided they meet the Work Permits criteria, with the Resident Labour Market Test being waived if they have been in the post for a specified period). This test – which is essentially the requirement to advertise – is the single biggest deterrent for an employer to apply for a work permit. And with this eliminated, it makes this a very feasible option for most employers.
In the case of self-employed applicants, there are also transitional arrangements in place to aid in making a successful application for an HSMP extension. The applicant in this case must show that their business has been established and actively trading for the last four months prior to their application and that the business has ongoing contractual / business commitments to cover the next six months. Again, a persuasive case may be made for any applicant that can show a genuine effort to establish themselves.
What other options are there for those who do not fit into the new scheme nor transitional arrangements? There are other feasible options, including work permits, innovator schemes, setting up in business, and of course finally, the option to appeal an unfair or unjust decision – particularly in light of the fact that the applicant can demonstrate concrete grounds to ‘economically maintain’ themselves in the UK while on the HSMP.
Overall, these changes effect nationals from all countries. For those already in the UK, there is no difference in the points earned for salary whether you are an Australian, Canadian, American or Indian national. The elimination of categories such as work experience and significant achievements gives a much clearer outline to determine eligibility leading to more favorable criteria as it leaves much less discretionary power in the hands of the Case Examiner. And by judging on quantitative criteria, the chances of fraudulent documentation decreases significantly – one of the main reasons for implementing such changes.
Once an individual has remained in the UK for a total of five years under this category, they will be eligible to apply for permanent residency. Time spent in the UK as a work permit holder or under one of the business categories can also be aggregated towards the five year period.
The HSMP – barely five years old – is still very much evolving and will likely again see changes with a total revamping of the UK immigration system taking place by April 2009. The projected changes involve a new single points-based system for existing categories of immigration split into 5 tiers, placing the HSMP as the first tier.
In the UK and elsewhere, the political and social climate incites changes in immigration policies and categorically leads to debates on seemingly unjust, racist, and unreasonable regulations. But in fact, it is usually the current market conditions and administrative convenience – like a more objective criterion – that drives and lead to the implementation of these very same policies within a given system.
