The Government is proposing to restrict Tier 2 to genuine skills shortage occupations and highly specialist experts. It has asked the Migration Advisory Committee (MAC) to make recommendations as to which occupations should be classified as having a skills shortage or require highly specialist experts.

The purpose of this survey is to give you an opportunity to inform the Migration Advisory Committee and the government of what roles you think suffer from a skills shortage and/or require highly specialist experts. Also, you can give details of the impact these proposals will have on your business if you are not able to hire the Tier 2 migrants you need to run your business successfully.

Please feel free to skip questions that may not apply to your organisation,

Thank you in advance for your feedback. Your participation is greatly appreciated.

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1. What would the impact be on your business and the economy if the government were to implement measures to reduce the level of Tier 2 migration?

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2. What improvements do you think could be made to the Tier 2 (General) Resident Labour Market test (28 day advertising period)? (Please tick any that apply)

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3. Have you had a Tier 2 Restricted Certificate of Sponsorship (CoS) request refused at the 11th of the month panel meetings?

SALARY BANDINGS

The Home Office deploy a point scoring scheme which determines who will be awarded a Restricted Certificate of Sponsorship (RCoS). As you will see from the point scoring table for RCoS applications, which can be found on the link below, Sponsors will receive 30 points for conducting a RLMT (advertising) correctly. The remainder of the points will be dictated by the salary which is on offer. Historically, the minimum amount of points which would have been needed is 32 points. However, where there is a high demand for RCoS in any month, the Home Office allocate the available RCoS to Sponsors who are scoring higher points.

www.kingsleynapley.co.uk/news-and-events/blogs/immigration-law-blog/tier-2-restricted-certificates-of-sponsorship-allocations-close-to-the-limit

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4. If the government were to recalibrate the salary bands for which points could be awarded under the Tier 2 (General) annual quota, would this help you to recruit the migrants you need? For example, if the banding £32,000-£46,000 were to be divided into seven equal bandings of £2,000 intervals, £32,000-£34,00, £34,000-£36,000, etc.

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5. Which criteria should be used to enable migrants to qualify for a Tier 2 visa? Please rank the below suggestions in order of importance, with 1 being the most important (note that you can drag and drop the answers)

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6. Please explain your reasons for choosing the ranking order of the criteria in question 5

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7. Are there any other criteria you would suggest to use to enable migrants to qualify for a Tier 2 visa?

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8. If the government were to restrict Tier 2 (General) to genuine skills shortage occupations and highly specialist experts, please explain how this would affect your business?

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9. If your business is located outside of London, what skills shortages, if any, have you experienced?

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10. What would the impact on your business be if further restrictions were placed on the Tier 2 (Intra-Company Transfer) route?

SHORTAGE OCCUPATIONS

Shortage occupations are ones where there are not enough UK workers to fill available jobs in particular sectors. They appear on the Shortage Occupation List which the Home Office reviews and amends regularly.

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11. Which occupations would you want to be included on a revised shortage occupation list? Please explain your reasons

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12. How far in advance can your organisation typically anticipate a potential shortage in skilled labour?

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13. In order to achieve a reduction in economic migration, would you prefer the government to introduce more strict subjective criteria to qualify for a Tier 2 visa or simply achieve a reduction in numbers by using salary as the only proxy and increasing the pay thresholds?

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14. If you currently employ Tier 2 migrants for roles on the Shortage Occupation List, should their inclusion on the list be subject to a maximum duration?

TIER 2 (INTRA-COMPANY TRANSFER - ICT)

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15. Which criteria should be used to determine eligibility for the Tier 2 (Intra-company Transfer - ICT) route? (Please tick any that apply)

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16. Should Tier 2 (ICT) also be limited to genuine skills shortages and highly specialised experts only?

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17. Please explain the impact on your business if the government were to impose more restrictive criteria on Tier 2 (ICT)?

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18. What will the impact on your business be if a cap was introduced on the number of migrants a sponsor can employ based on the percentage of each organisation’s UK workforce?

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19. Should guaranteed allowances (per diems, accommodation, etc) continue to be included in calculating the total salary in order to meet the threshold for the Tier 2 (ICT) route?

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20. If guaranteed allowances were excluded from the salary threshold, what would be the impact?

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21. If you have outsourcing contracts with third parties for which you staff with Tier 2 (ICT) migrants who are based at a client site, please explain the impact on your business if the government was to impose tighter restrictions on these client contracts?

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22. Should intra-company transfer migrants pay the immigration healthcare surcharge?

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23. Do you currently have an apprenticeship scheme or other similar training scheme for employing British school leavers for which you receive government or other funding?

SKILLS LEVY

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24. If the government were to introduce an additional charge for Sponsors (a skills levy) based on employing Tier 2 migrants, would this incentivise you to recruit and train UK workers to carry out roles that migrants would otherwise occupy?`

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25. Should there be any exemptions from this skills levy, for example if you currently already invest in apprenticeships?

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26. If you have offices outside of London, what impact would a skills levy have on your regional business?

RIGHTS OF DEPENDANTS

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27. To what extent would removing the automatic right of dependants to work in the UK affect Tier 2 migrants’ decision of whether or not to come to work in the UK?

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28. How many of your Tier 2 employees bring dependants, who plan to work in the UK?

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29. If bringing dependants who plan to work in the UK, are they typically qualified to degree level?

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30. If you have offices outside of London, please explain the impact on your regional business if the government removed the automatic rights of dependants to work in the UK.

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31. If the government made it a condition that new sponsor licence applicants were required to open a business/office in a regional area which required greater economic development, would you consider this?

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32. Does the existing Tier 2 framework allow you to bring in the skilled workers your business requires?

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33. Which proportion of your organisation's workforce is made up of Tier 2 migrants?

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34. Would you like to receive a copy of Kingsley Napley's submission report to the MAC?

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35. Your details (optional unless you would like to receive a copy of the survey)

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36. We may include identified trends and extracts from the survey in our response to the MAC consultation. Please indicate whether we may include any comments you have shared in this survey

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37. Are there any further comments and/or recommendations you would like to make in respect of the Tier 2 review and the potential impact on your business?

Thank very much for taking the time to complete our survey.

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