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| Q&A: UK immigration cap | Q&A: UK immigration cap |
| (10 days later) | |
| By Dominic Casciani BBC News home affairs correspondent | By Dominic Casciani BBC News home affairs correspondent |
| The High Court has ruled the government unlawfully introduced a temporary cap on the number of skilled workers from outside the EU allowed into the UK. | |
| How does the British immigration system currently work? | How does the British immigration system currently work? |
| There are different ways to come to live or settle permanently in the UK. | There are different ways to come to live or settle permanently in the UK. |
| Migrants fall into five broad categories: those coming for long-term work, students, temporary workers and visitors, refugees and asylum seekers and people arriving for family reasons. | Migrants fall into five broad categories: those coming for long-term work, students, temporary workers and visitors, refugees and asylum seekers and people arriving for family reasons. |
| There are different laws and policies governing each element of the system. For instance, on asylum, the UK has international obligations to provide refuge to people who have fled persecution. The most complicated part of the system is the broad criteria around economic migration. | There are different laws and policies governing each element of the system. For instance, on asylum, the UK has international obligations to provide refuge to people who have fled persecution. The most complicated part of the system is the broad criteria around economic migration. |
| How are economic migrants dealt with? | How are economic migrants dealt with? |
| The rules for economic migration, which includes students, broadly divide migrants into two groups. | The rules for economic migration, which includes students, broadly divide migrants into two groups. |
| If a migrant is a citizen from one of the European Union's member states (or one of the other counties in the European Economic Area - EEA), then they are free to compete for jobs in the UK. They are not subject to immigration controls. | If a migrant is a citizen from one of the European Union's member states (or one of the other counties in the European Economic Area - EEA), then they are free to compete for jobs in the UK. They are not subject to immigration controls. |
| This is because the UK is part of the European free market under which goods, services and labour can freely move across borders. The rules mean that British workers can equally seek work and settle across the rest of the EU. | This is because the UK is part of the European free market under which goods, services and labour can freely move across borders. The rules mean that British workers can equally seek work and settle across the rest of the EU. |
| And what about if you come from elsewhere? | And what about if you come from elsewhere? |
| If you come from anywhere else, including Commonwealth nations, a migrant has to apply under one of the "tiers" that make up the Points Based System (PBS). Students are also covered by the PBS. | If you come from anywhere else, including Commonwealth nations, a migrant has to apply under one of the "tiers" that make up the Points Based System (PBS). Students are also covered by the PBS. |
| In short, the system awards points to migrants based on their skills, qualifications and experience. Putting it very simplistically, a young applicant with a doctorate and proof of high earnings will earn more points that someone who is less skilled - and therefore find it's easier for them to come to the UK. | In short, the system awards points to migrants based on their skills, qualifications and experience. Putting it very simplistically, a young applicant with a doctorate and proof of high earnings will earn more points that someone who is less skilled - and therefore find it's easier for them to come to the UK. |
| The PBS has five "tiers". Tiers one and two cover highly skilled and skilled migrants respectively. Tier three was designed for unskilled workers but has never been implemented. Tier four covers students and the final tier covers a host of temporary workers and special categories. This graphic shows the categories of migrants from outside of Europe: | The PBS has five "tiers". Tiers one and two cover highly skilled and skilled migrants respectively. Tier three was designed for unskilled workers but has never been implemented. Tier four covers students and the final tier covers a host of temporary workers and special categories. This graphic shows the categories of migrants from outside of Europe: |
| So is the coalition scrapping this system? | So is the coalition scrapping this system? |
| No. But they are reforming it to meet their long-term goal. They want to reduce net immigration to "tens of thousands each year, not hundreds of thousands" over the lifetime of the parliament. | No. But they are reforming it to meet their long-term goal. They want to reduce net immigration to "tens of thousands each year, not hundreds of thousands" over the lifetime of the parliament. |
| Net immigration is the difference between those arriving and those leaving. | Net immigration is the difference between those arriving and those leaving. |
| The government want to introduce an immigration cap to help achieve that goal and the first one is due to come into force in April 2011. This was a Conservative election pledge that was opposed by their coalition partners, the Liberal Democrats. | |
| And how high is net immigration at the moment? | And how high is net immigration at the moment? |
| The latest official figures show that 196,000 more people came to the UK than left in 2009. That figure includes British citizens returning from living abroad and people from inside the EEA. In all, more than half a million people migrated to the UK in 2008 - and the figure has been rising over the long-term, in line with the experiences of many industrialised nations. | The latest official figures show that 196,000 more people came to the UK than left in 2009. That figure includes British citizens returning from living abroad and people from inside the EEA. In all, more than half a million people migrated to the UK in 2008 - and the figure has been rising over the long-term, in line with the experiences of many industrialised nations. |
| So how will the government achieve its target? | So how will the government achieve its target? |
| Experts say that if the government is to hit its target of reducing net migration, it has to pull levers that will slow long-term immigration while, at the same time, take steps to increase the rate of emigration. | Experts say that if the government is to hit its target of reducing net migration, it has to pull levers that will slow long-term immigration while, at the same time, take steps to increase the rate of emigration. |
| The only problem is that there are not that many levers that can be pulled. Some 15% of people moving into the UK are returning British citizens, so their movements cannot be affected - but there are counted in the statistics. | The only problem is that there are not that many levers that can be pulled. Some 15% of people moving into the UK are returning British citizens, so their movements cannot be affected - but there are counted in the statistics. |
| The government cannot block EEA nationals who make up about a third of all arrivals. | The government cannot block EEA nationals who make up about a third of all arrivals. |
| The remaining half - about 280,000 people - are long-term arrivals from the rest of the world. These are the people whose movements can be influenced by policy changes. | The remaining half - about 280,000 people - are long-term arrivals from the rest of the world. These are the people whose movements can be influenced by policy changes. |
| So what does the cap involve - and how does it work? | |
| The immigration cap for non-EEA workers for the year from April 2011 is 21,700 - about 6,300 lower than in 2009. | |
| Of those, 20,700 are been tier two skilled migrants entering graduate occupations with a job offer and sponsorship. | |
| The other 1,000 are people allowed in under a new "exceptional talent" route - people like scientists, academics and artists. The former tier one general route - open to highly skilled migrants without a job offer will be closed. | |
| However, these limits do not apply to a category of workers who come to the UK in an "intra-company transfer" with their multinational employer. In other words, there will be other people coming in over and above the 21,700 limit. | However, these limits do not apply to a category of workers who come to the UK in an "intra-company transfer" with their multinational employer. In other words, there will be other people coming in over and above the 21,700 limit. |
| There will be a new minimum salary of £40,000 for firms using intra-company transfers (ICTs) for more than a year - but staff earning at least £24,000 would still be able to come for up to 12 months. | |
| So what else can the government do? | So what else can the government do? |
| According to Professor David Metcalf, chairman of the government's Migration Advisory Committee, students from outside the EEA make up 60% of the migrants whose movements can be restricted. He said in his recent report that the government cannot meet its target by restricting workers alone. | According to Professor David Metcalf, chairman of the government's Migration Advisory Committee, students from outside the EEA make up 60% of the migrants whose movements can be restricted. He said in his recent report that the government cannot meet its target by restricting workers alone. |
| The following graph shows how highly skilled and skilled workers from outside the EEA make up a small part of the number of people applying for visas - although bear in mind that not all of those counted below are permanent or long-term immigrants: | The following graph shows how highly skilled and skilled workers from outside the EEA make up a small part of the number of people applying for visas - although bear in mind that not all of those counted below are permanent or long-term immigrants: |
| Home Secretary Theresa May says she is looking at how to cut their numbers - but it's not clear who will be targeted and whether the Liberal Democrats will accept restrictions. | Home Secretary Theresa May says she is looking at how to cut their numbers - but it's not clear who will be targeted and whether the Liberal Democrats will accept restrictions. |
| She says her forthcoming consultation on students will focus on allowing in students who are studying for degrees or those joining "highly trusted" colleges. This is a controversial area. Languages colleges are big legitimate businesses - but it's widely accepted that there is also abuse where people use student visas as a means of coming to work in the UK. Another route that the Home Secretary will target is a mechanism that allows some students to take jobs at the end of their course. | She says her forthcoming consultation on students will focus on allowing in students who are studying for degrees or those joining "highly trusted" colleges. This is a controversial area. Languages colleges are big legitimate businesses - but it's widely accepted that there is also abuse where people use student visas as a means of coming to work in the UK. Another route that the Home Secretary will target is a mechanism that allows some students to take jobs at the end of their course. |
| What about family reunion? | What about family reunion? |
| Families make up the final 20% of migrants from outside the EEA - but curtailing their right to arrive will be difficult to achieve because of human rights law. | Families make up the final 20% of migrants from outside the EEA - but curtailing their right to arrive will be difficult to achieve because of human rights law. |
| However, the government is also looking at measures to boost the numbers leaving the UK by restricting rights to settle or to extend a work visa. Mrs May says she wants to end the link between temporary migration for work - and permanent settlement. | However, the government is also looking at measures to boost the numbers leaving the UK by restricting rights to settle or to extend a work visa. Mrs May says she wants to end the link between temporary migration for work - and permanent settlement. |
| What effect would a cap have? | |
| It's very difficult to know before it has happened. A large number of businesses have complained that it could damage economy - and Professor Metcalf has warned that there could be "serious long-term consequences for investment and job generation" if the restrictions on work visas were too tight. | It's very difficult to know before it has happened. A large number of businesses have complained that it could damage economy - and Professor Metcalf has warned that there could be "serious long-term consequences for investment and job generation" if the restrictions on work visas were too tight. |