The UK’s Border and Immigration Agency recently announced that the next step in their immigration overhaul is due to be implemented on the 27th November 2008. What this will mean is that the long awaited Tier 2 – the points based system’s ‘flag ship’ Tier – and the Tier 5 schemes will come into operation on this date.

The Tier 2 scheme will replace the current Work Permit scheme which is in place to enable employers to utilize foreign workers in positions which they struggle to fill with resident workers. The Tier 2 application will still require a UK based employer and the role and candidate will still need to pass a ‘resident labour’ test, amongst other things, in order to qualify for the scheme. A major difference between the Work Permit and the Tier 2 application is that the employer is expected to play a much more active role in the employment of their foreign nationals and ensuring that they abide by their visa regulations.

A company wishing to employ a foreign national must be in possession of a valid certificate which enables them to employ foreigners in the first place. Employers can obtain this certificate by meeting certain requirements and making an application to the Border and Immigration Agency.

The Tier 5 scheme is a scheme designated to attract low skilled temporary workers to the UK and will replace the current and vastly popular Working Holiday Visa (WHV) to the UK. The Youth Mobility Scheme (YMS) will now be available instead of the WHV, but the question still remains as to whether or not countries like South Africa will be afforded the opportunity to utilise the YMS scheme under the Tier 5 application.

The new Business Visitor visa will also be introduced on the 27th November 2008 to those wishing to travel to the UK for short business trips. Residents from non-visa national countries (of which South Africa is currently one) will not need to obtain this visa prior to entering UK as it will be issued on arrival by the customs official at the port of entry. This Business Visitor visa will enable business persons to enter the UK and undertake tasks such as conferences, securing deals, undertaking fact finding missions, conducting site visits, etc during their time in the UK on this visa.