Immigration & Nationality Directorate - New Immigration Rules on Switching and Ministers of Religion
New Immigration Rules on Switching and Ministers of Religion 22 July 2004
Tighter rules to stop temporary migrants in the UK switching into permanent employment are to be introduced to tackle potential abuse, the Home Secretary, David Blunkett, announced today. At the same time he also outlined a new pre-entry English language requirement for ministers of religion.
New restrictions on switching will help ensure that the separation of temporary and permanent migration routes, which is necessary for an effective immigration control, is preserved. Measures include:
Preventing switching into work permit employment and the highly skilled migrant programme except by those already permitted in the rules such as doctors, dentists and graduates - whose skills the UK needs. It is important for the integrity of immigration control that people should generally gain permission to work here before they come.
Permitting foreign nationals who are in the UK on a temporary visa and wish to remain in the UK to study, to switch into degree level courses only. This will prevent visitors claiming that they intend to leave after their holiday and then enrolling in lower level private sector and further education courses.
Reducing the maximum time individuals are allowed to remain in the UK to do successive short courses below degree level from four years to two years. This will address abuse by students taking a long succession of short, low level courses simply to stay in the UK.
Today's measures build on action the Government has already taken as part of its ongoing review of immigration control. A comprehensive programme is underway to tackle bogus language colleges. So far 672 suspect colleges have been visited - 178 were genuine, 195 were not and 299 will require further investigation. Action has been taken to prevent immigration abuse of those claiming to attend those "dodgy" colleges.
Work is also underway to tackle sham marriages. New laws being enacted today will allow tough action against those seeking to abuse UK marriage law.
Mr Blunkett said:
"Today's announcement is part of an ongoing programme of work to safeguard the Government's policy of selective admission - those who do not meet our strict criteria cannot come to the UK but we will admit those with the skills we need to boost our economy.
"Our proposals to prevent temporary migrants from switching into other immigration categories is necessary to ensure there is a clear distinction between temporary and permanent migration routes. These commonsense measures are preferable to a blanket ban on switching - the highly skilled will be able to stay in the UK and further their careers but temporary migrants will need to leave at the end of their stay. This will ensure that people get permission to work before they come here."
To harness the skills of genuine students to boost our economy, the Home Office also announced that the Science and Engineering Graduate Scheme (SEGS), which will enable foreign nationals studying maths, science and engineering at a UK institution to work in the UK for twelve months following graduation, will be implemented in October 2004.
In addition, the Government confirmed today that consideration of at post and in-country switching applications for the European Communities Association Agreements (ECAA) will be resumed from 1 September. Consideration of in-country applications for further leave to remain and indefinite leave will be resumed later in the year.
In a separate move, the Home Office will be introducing a number of measures to ensure overseas ministers of religion coming to the UK have the skills needed for ministry in a diverse and cohesive society.
Following consultation with faith communities, ministers of religion will need to demonstrate that they have a basic grasp of English (level four standard) before they are allowed to work in the UK. After two years, the pre-entry requirement will be raised to level six - a competent writer and speaker of English.
The Government is also proposing to permit in-country switching to minister of religion status in certain circumstances (for example students and work permit holders), although temporary visitors will not be allowed to switch.
Later in the year, the Home Office will consult faith communities on two further requirements:
that when Imams and priests have been here a year they should be able to show knowledge of, and engagement with, British civic life, including an understanding of other faiths; and
a requirement for Imams and priests to have professional qualifications.
Mr Blunkett continued,
"We have consulted and listened to faith groups and are encouraged that many faith representatives recognise the need for ministers to speak for the communities they represent and in particular to communicate effectively with the younger generation.
"That is why it is essential that ministers coming from overseas can speak English when they arrive in the UK so they can speak to and for their congregations. It is also important that once here, faith leaders play a full role in their communities and gain an understanding and appreciation of British civic life.
"We hope that faith groups will continue to work closely with us during the second half of the year to ensure that overseas ministers of religion, like all migrants, engage with the communities in which they live."
Notes to editors:
1. A Written Ministerial Statement was laid in Parliament today, on Thursday 22 July 2004.
2. On 1 April 2003 we strengthened rules to prevent visitors or short-term students from switching to stay on the basis of marriage.
3. Proposals to introduce the Science and Engineering Graduate Scheme were announced in the Chancellor's Budget Report on 9 April 2003 (see press notice 111/2003). Further details were provided in a press notice on 31 October 2003 (303/2003).
4. The scheme will be open to undergraduates (at 2:2 level and above), Masters and Doctors who have successfully completed a shortage physical science, engineering or mathematics course as defined by the Secretary of State for Education and Skills (DfES). The eligible courses will be reviewed by the DfES on an annual basis.
5. On 22 April 2004 the Home Secretary announced measures to tackle student and marriage abuse in a Written Ministerial Statement (see press notice 157/2004).
6. On 19 May 2004 a Written Ministerial Statement was laid announcing new restrictions on temporary low skilled migration routes, including preventing those working in these schemes to switch into work permit employment. We also announced that we were lifting suspension of most work-related visa applications from Bulgaria and Romania, except the European Communities Association Agreements (see press notice 191/2004).
7. Ministers of religion proposals including the English language requirement were first outlined in the White Paper Secure Borders, Safe Haven published in 2002. Initially ministers of religion will be required to have an International English Language Testing System (IELTS) level 4 standard (basic grasp) of spoken English before coming to the UK. After two years the standard required for entry will be raised to IELTS standard level 6 - a competent writer and speaker of English. The new requirement will come into force at the end of August.