Immigration changes

The hydra that goes by the official name of the ‘Points Based System, Making Migration Work for Britain’ (the new immigration system being introduced in 2008) has grown new heads over the past year. Three policy areas have dominated of late: charging, resident labour market testing, and sponsorship.

Last December, the arts sector made a convincing case against increasing the costs under the current system. Nevertheless, the fees rose suddenly in March: from £153 to £190 for a work permit and from £85 to £200 for a work visa. The NCA gathered evidence of the impact on the arts and informed politicians and the media of the danger to the sector. In June, the visa fee was reduced to £99 for artists entering the UK via the entertainers’ concession (i.e. without work permits). This welcome improvement only partly addressed the problem as it did not help artists who do require work permits.

The NCA has recently responded to another consultation on charging under the forthcoming Points Based System (PBS), and attended three Home Office meetings to discuss the financial impact of PBS on the arts. Despite frustration at the lack of indicative figures on which to base a response (some were eventually provided, but there were significant gaps), we argued that the arts sector cannot bear increased immigration costs without a correlative loss in the number of artists visiting the UK, the quality of work or other cuts. Even if current price levels continue, a considerable financial burden would result from the expanded entry clearance requirements, the need for certificates of sponsorship (including for those not previously requiring work permits), the cost of becoming and acting as a sponsor, and the costs associated with in-person applications for entry clearance. The Home Office will present proposals to Parliament in January, after which the fees for sponsorship and Tier 1 will be decided. Fees for Tiers 2 and 5 (which most artists will use) will not be formally agreed until the summer.

Since July, the NCA has been working with the Arts and Entertainment Task Force to draft codes of practice on resident labour market testing for Theatre, Dance, Film and Television, and Music, within Tier 5. Although applicants for entry clearance under Tier 5 are assumed to pose no threat to the resident labour market, in some cases a resident labour market test would be required. The codes of practice set out which cases do not require this test, and explain the appropriate method of advertising where it is necessary. The code gives directions on record-keeping should evidence be needed in case of dispute.

The sponsorship rules, including the codes, are due to be published soon. Meanwhile, the Home Office has published a Statement of Intent on Sponsorship, explaining the role and responsibilities of Sponsors under the new system. This useful document provides some of the first clear information on the changes.

In 2008, the NCA will be responding to a consultation on ‘visitor routes’, considering entry routes which are outside PBS in the hope that some artists may be able to use these, and monitoring the progress on charging. We will also be collaborating with Bates, Wells and Braithwaite LLP on an information seminar for the arts sector.