Transcript Manx Points Based System - Isle of Man Government

Andrew Stewart and Nigel Walker
Department of Economic Development
What is PBS?
 System that controls Immigration from outside of the
EEA and Switzerland
 Based on the requirements of the economy
 There are different ‘Tiers’ within the PBS
 Tier 2 will replace Overseas Labour Scheme (OLS)
 PBS already in operation in the UK
PBS – The Tiers
 Tier 1 - for highly skilled workers, such as scientists
and entrepreneurs (already operational in the IOM);
 Tier 2 - for skilled workers with a job offer, such as
teachers and nurses;
 Tier 3 - for low-skilled workers filling specific
temporary labour shortages, such as construction
workers for a particular project (this tier is currently
suspended in the UK and the IOM);
 Tier 4 - for students;
 Tier 5 - for temporary workers, such as musicians
coming to play in a concert, and participants in the
youth mobility scheme.
Tier 5
 Temporary workers
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Creative and Sporting
Charity Workers
Religious Workers
Government Authorised Exchange
International Agreement
 Youth Mobility Scheme
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Japan, Canada, New Zealand and Australia
Tier 2 – Skilled Workers
 General
 Minister of Religion
 Sportsperson
 Intra Company Transfer
Tier 2 (Minister of religion)
This category is for people who want to take up
employment or posts or roles within their faith
communities in the IoM as:
 ministers of religion undertaking preaching and
pastoral work;
 missionaries; or
 members of religious orders.
Tier 2 (Sportsperson)
The sportsperson category is for elite sports people and
coaches who are internationally established at the
highest level, and will make a significant contribution to
the development of their sport.
Tier 2 (Intra company transfer)
This category is for employees of multi-national companies
who are being transferred by their overseas employer to an
IoM branch of the organisation, either on a long-term basis
or for frequent short visits. There are three sub-categories:
 Established staff - this route is for established, skilled
employees to be transferred to the IoM branch of their
organisation to fill a post that cannot be filled by a settled
worker
 Graduate trainee - this route allows the transfer of recent
graduate recruits to an IoM branch of the organisation, for
training purposes
 Skills transfer - this route allows the transfer of new recruits
to an IoM branch of the organisation to acquire the skills and
knowledge that they will need overseas, or to impart their
specialist skills or knowledge to the IoM workforce.
Tier 2 (General)
Is for people coming to the IoM with a skilled job offer to
fill a gap in the workforce that cannot be filled by a
worker from the IoM, UK or EEA.
Before you apply under the skilled worker category (Tier
2 General), you must have:
 a sponsor; and
 a valid certificate of sponsorship.
The job must also attract an appropriate salary and
the role must be at S/NVQ level 3 or above.
Employers Role
 The PBS places greater emphasis on the role and
responsibility of employers
 Employers need to apply for a Licence in order to be
able to issue certificates of sponsorship
 Employers need to satisfy themselves that the
applicant meets the points criteria prior to issuing the
certificate of sponsorship
 Employers must keep full, detailed records including
copies of documents etc
Obtaining a Sponsor Licence
Employers will apply to the Department of Economic
Development who will consider applications based on
three main principles:
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Is the applicant a genuine organisation operating lawfully in
the Isle of Man?
Is the applicant dependable and reliable?
Is the applicant capable of carrying out its duties as a sponsor?
Employers will need to identify how many certificates of
sponsorship they are likely to require each year.
Obtaining a Sponsor Licence
 you must be a genuine organisation or sole trader operating
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legally in the Isle of Man;
there must be no evidence that you are a threat to
immigration control - we look at the history and
background of your organisation and key personnel;
you must nominate a key contact and an authorising officer
you must be able to comply with your sponsor duties - we
look at your processes such as your human resource (HR)
systems to make sure you can carry out your duties;
you must send all your supporting documents when
applying.
Sponsor Duties
A licensed sponsor must comply with their duties in
relation to:
 Record Keeping
 Reporting
 Compliance
Record Keeping
You must keep the following records or documents, and
be prepared to give them to our officials if asked:
 a photocopy or electronic copy of each sponsored
migrant's passport or immigration status document
(and their identity card for foreign nationals, if they
have one), showing evidence of their entitlement to
work or study including the length of their permission
to stay in the IoM
 each sponsored migrant's contact details (address,
telephone number, mobile telephone number), which
must be kept up to date
Reporting
You must report the following information or events about sponsored migrants to us
within 10 working days:
 If they do not turn up for their first day at work
 If they are absent from work for more than 10 working days
 If their contract of employment or registration ends (including if they resign or
are dismissed)
 If you stop sponsoring them for any other reason (for example, if they move into a
immigration category with a different sponsor or one that that does not need a
sponsor, or their permission to stay in the IoM ends)
 If there are any significant changes in their circumstances - for example, a change
of job or salary
 If you have any information which suggests that they are breaching the conditions
of their leave
Also
 If there are any significant changes in your circumstances (for example, if you stop
trading or become insolvent, substantially change the nature of your business, are
involved in a merger or are taken over), you must tell us within 28 calendar days.
Compliance
You must comply with the immigration laws and meet the following
obligations:
 you must make sure the migrant who is coming to work is legally allowed to
do the job, and has the right registration or professional accreditation
where needed by law, and keep a copy of the registration document or
certificate which you can give us if we ask. For example, if the migrant is
coming to work as a doctor, you must make sure they have the right
registration to allow them to practice as a doctor in the IoM;
 you must not employ someone whose immigration status (or lack of status)
does not allow them to do the job they are applying for, and you must stop
employing someone who stops being allowed to work for any reason;
 you must only assign certificates of sponsorship to those who, to the best of
your knowledge, meet the requirements of the tier or category they are
applying under specified in the immigration rules, and who are likely to
meet the conditions of their permission to enter or stay in the IoM.
Rating a Sponsor
The Department will determine an application for a
sponsorship licence and may either:
 Award an A-rating
 Award a B-rating
 Refuse the application
A B-rating indicates some concern over the sponsors
ability to comply with the rules and will result in an
agreed action plan
Points?
Applicants are awarded points based on their:
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qualifications;
future expected earnings;
sponsorship;
English language skills; and
available maintenance (funds).
50 pts required
10 pts required
10 pts required
A total of 70 points is required as an absolute minimum.
Sponsorship
Qualifications
Prospective earnings
Job in shortage occupation
(1)
50
Masters degree of PhD or
equivalent or above
15
£32,000 or more
25
Transitional arrangements
50
Bachelors degree or
equivalent or above
10
£28,000 - £31,999.99
20
Offer of job that passes the
resident labour market test
(1)
30
£24,000 - £27,999.99
15
Switching from a post-study
category (1)
30
GCE A-level or S/NVQ 3 or
equivalent or above
5
£20,000 - £23,999.99
10
Intra Company Transfer (2)
25
None, or below GCE A-level
or S/NVQ 3
0
Under £20,000
0
Extension in the same job
and the same (or higher)
salary (resident labour
market test not required)
50
Shortage of Occupation List
If an occupation is on the shortage occupation list, it
means there are not enough resident workers to fill the
available jobs in that particular occupation.
If a migrant comes to the UK under Tier 2 (General) to
do skilled work that is on the shortage occupation list,
they will get all the points they need to apply (except the
points for English language and maintenance) - they
will not need to prove their prospective earnings or
qualifications.
Resident Labour Market Test
If you are recruiting for a skilled job that is not on the list of
shortage occupations you must demonstrate that there are no
suitably qualified workers in the IoM, UK or EEA who can fill
the job.
 You must advertise the job for a period of not less than 28
days.
 You may use:
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Job Centre
Internet
Newspapers of Professional Publications
Recruitment Agencies
Other recruitment methods such as ‘Milkrounds’ of Rolling
programmes are sometimes permissible.
Costs
 Sponsors Licence (Valid for up to 4 yrs)
 Small companies up to 50 employees and charities - £300
 Medium and Large companies over 50 employees - £1000
 Certificates of Sponsorship (Valid for up to 3 yrs)
 £170
 Action plan for B-rated sponsors
 £600
Certificate of Sponsorship
 Licensed Sponsors can issue ‘Certificates’ once they are
satisfied that the migrant meets all of the eligibility
criteria
 It is a ‘virtual’ Certificate which will be represented by
a unique number
 Migrant will supply this number as part of their
application for entry into the IoM
 A certificate of sponsorship does not guarantee entry
into the IoM. Immigration will make the final
decision.
Questions?