HOT TOPIC
not the immigrant and his family have private health insurance, is imposed on any non-EU arrival staying in the UK for longer than six months, though ICTs are exempt. But government attempts to reduce Britain’s appeal to dependants
could go further. Darren Faife, a partner and director at Dearson Winyard International, points out that the MAC review is focusing in part on ‘trailing spouses’ and, particularly, the unrestricted right to work they currently enjoy. The MAC, Mr Faife says, has been charged with considering
whether removing dependants’ automatic right to work would affect main applicants’ decisions to relocate to the UK, and what impact, if
it is an esoteric distinction that UK voters are not expected to make. “It’s obvious that Mr Cameron will try to reduce immigration
in whatever shape he can,” says Marcia Longdon, an immigration specialist at law firm Kingsley Napley, whose corporate clients include companies in the oil and gas sector, pharmaceuticals, IT and legal services. “Tier 2 visas represent only a small percentage of total immigration, but that’s not what the public are interested in.” Ms Longdon, whose firm organised a client conference with Sir
David Metcalf in September to enable stakeholders to air their views and learn more about the scope of the MAC review, says there are bound to be winners and losers when the government sets out its reform plans next year. “It’s just that we don’t know who they will be,” she adds. “The crucial thing the government must bear in mind is that
businesses bring in the skills of foreign nationals not out of choice but out of necessity. The UK immigration system is very expensive, and employers would be much happier if the skills they need were available among workers already here.”
Effects of Tier 2 restrictions Some believe that, if further restrictions on Tier
2 workers are introduced, the only effect will be an increase in hirings from EU countries. Others point out that curbing intra-company transfers will have no effect at all, apart from harming UK operations and producing a short-term reduction in numbers, because the vast majority of ICTs return home after completion of their assignments. Existing restrictions on Tier 2 hirings are already being keenly
felt in the National Health Service, particularly as nurses are not included in the SOL, though paramedics are. In the summer, NHS chiefs expressed their concerns in a letter to the Home Office, claiming hundreds of non-EU nurses were being denied visas because of the cap. Dependent spouses and children also appear to be in the Home
Office’s bombsights. Since April, a new £200-a-year ‘health surcharge’ has been applied to each Tier 2 applicant and each of his or her dependants. The charge, which has to be paid in advance for every year a visa is granted and applies regardless of whether or
any, removing the right would have on the economy, public finances and society. “The fear that everyone has is that, whatever MAC recommends,
the government is determined to target Tier 2 visas and dependants,” says Mr Faife. “The scheme has already been squeezed so much over the years that any more changes can only have a really detrimental effect on businesses and the economy.” MAC members are not the only ones looking at the system.
Over the summer, the Permits Foundation, which campaigns to make it easier for accompanying spouses to be employed during their partners’ international assignment, has been seeking global mobility professionals’ feedback on the mobility and social impacts of proposed restrictions on the right of dependants to work in the UK. “Restrictions would be a major step backwards for many companies in sectors such as oil and gas, pharmaceuticals, construction, and engineering, which work together, often under the Permits Foundation umbrella, to support dual-career families and demonstrate their commitment to gender equality and diversity,” says Fiona Murchie, managing editor of Re:locate. “With numbers of female international assignees flatlining, restrictions on their partners’ right to work could also have an impact on the numbers of women taking up opportunities that would further their careers, and add to talent shortages.”
Parliament’s Home Affairs Committee instigated its own inquiry
in July, after the cap had been imposed, and its report is expected to be published by year’s end. Keith Vaz MP, who chairs the committee, explained, “The
committee hopes to gain an insight into whether the current system is the best way to achieve the twin aims of controlled immigration that can maintain the level of skilled workers essential to providing the services we all rely on and enjoy.” In the interim, some of those brightest and best from around
the world can only wait with bated breath for the UK government’s next move.
Join the RE:LOCATE IMMIGRATION FORUM
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www.relocatemagazine.com/immigration Keep informed 10 | Re:locate | Autumn 2015
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