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I.  Introduction

Since 1891 it has been established at common law that “no alien has any right to enter (what is now the United Kingdom) except by leave of the Crown.”[1]  The Aliens Restriction Act 1914,[2] the Aliens Restriction (Amending) Act 1919,[3] and Rules and Orders made under these Acts[4] gave the common law a statutory basis and formed the restrictions on immigration for much of the twentieth century.  The statutory regime governing immigration in the United Kingdom (UK) is now contained in the Immigration Act 1971[5] and the Immigration Rules[6] made under it.  The law requires that individuals who are not British or Commonwealth citizens with the right of abode in the UK, nor members of the European Economic Area,[7] obtain leave to enter the UK from an immigration officer upon their arrival.[8]  

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II.  Number of Immigrants

The estimate for the population of the UK as of 2011 reported that there are 63.2 million people resident in the UK.[9]  In 2011, estimates show that 566,000 immigrated to the UK with 351,000 emigrating from the UK.[10]  Twelve percent of the population is foreign born.[11]  The five most common countries that foreign-born UK residents come from are India, Poland, Pakistan, the Republic of Ireland, and Germany.[12]

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III.  Current System Overview

The law governing and policy surrounding immigration in the UK is highly complex and attempts to balance the needs of genuine visitors and the contributions they make to the economy of the UK with concerns about those that wish to enter for undesirable purposes.  This report details the points-based system for worker migration into the UK.   

A.  Points-Based Migration

The points-based migration system was introduced a decade ago in 2003 and is modeled on the Australian system.[13]  The UK Border Agency is responsible for implementing the points-based system, which aims to provide a simplified immigration system and attract migrants who will contribute to the UK.  The system is structured so that greater emphasis is placed on employers who sponsor applicants to keep track of their employees and report any suspected abuses to the UK Border Agency.[14]  By tying these requirements to the employer, the UK aims to improve compliance with its immigration system and reduce abuse.[15] 

There are five different tiers, which are further broken down into different categories with varying requirements that must be met before an applicant is provided with a visa for entry: 

Tier 1: High-Value Migrants[16]

Tier 2: Skilled Workers[17]

Tier 3: Low-Skilled Workers

Tier 4: Students

Tier 5: Temporary Workers

Each of the tiers has different categories within it, which award points in different ways for different attributes of the applicant.  Distribution of the points is designed in a way to ensure that applicants who will benefit the UK are provided entry, with points “being awarded to reflect the migrant’s ability, experience and age—and, when appropriate, the level of need in the migrant’s chosen industry.”[18]  With the exclusion of Tier 1, applicants must have a job offer from, and be sponsored by, an employer who is licensed by the UK Border Agency.[19] 

In all categories for in-country applications, to be eligible the applicant must have entered the UK legally.[20]

B.  Tier 1: High-Value Migrants

This tier is designed to contribute to the UK’s growth and productivity.[21]  It aims to ensure that the most highly skilled individuals and investors with substantial funds can qualify for entry and leave to remain in the UK.  There are four categories within Tier 1:

  • Exceptional Talent, “for exceptionally talented individuals in the fields of science, humanities, engineering and the arts, who wish to work in the UK.  These individuals are those who are already internationally recognised at the highest level as world leaders in their particular field, or who have already demonstrated exceptional promise in the fields of science, humanities and engineering and are likely to become world leaders in their particular area.”[22]  Leave to remain is granted for up to three years.[23]  The initial application must be endorsed by either the Royal Society, the Arts Council England, the British Academy, or the Royal Academy of Engineering.[24]
  • General, for “highly skilled migrants who wish to work, or become self-employed, to extend their stay in the UK.”[25]  Leave to remain is granted for up to three years.[26]
  • Entrepreneur, for “for migrants who wish to establish, join or take over one or more businesses in the UK.”[27]  Leave to remain is granted for up to three years and four months.[28]  
  • Post-Study Worker, for “graduates who have been identified by Higher Education Institutions as having developed world class innovative ideas or entrepreneurial skills to extend their stay in the UK after graduation to establish one or more businesses in the UK.”  Leave to remain is granted for one year;[29] and
  • Investor, for “high net worth individuals making a substantial financial investment to the UK.”[30]  Leave to remain is granted for up to three years.[31]

Tier 1 has recently had a cap added to it and is restricted to 1,000 exceptional individuals, investors, and entrepreneurs.[32]

Permanent Residence

The law provides that highly skilled migrants may qualify for permanent residence in the UK (known as indefinite leave to remain).  The requirements are that the applicant must

  • not be an illegal entrant;
  • have spent a continuous period of five years lawfully resident in the UK and not been absent for more than 180 days in one year; 
  • have at least seventy-five points; must have sufficient knowledge of the English language and life in the UK unless aged under eighteen or over sixty-five; and
  • not have breached immigration laws during his or her stay (overstays of twenty-eight days or less are disregarded for these purposes).[33]

C.  Tier 2: Skilled Workers

This tier encompasses skilled workers that have a job offer in an area where there is a labor shortage in the UK.[34]  Areas of the labor market where there are shortages are determined by the Migration Advisory Committee.[35]  Skilled workers require a job offer from an employer within the UK that has been licensed by the UK Border Agency as a sponsor.[36]  Categories within this tier include:

  • Intracompany Transfers, for “multinational employers to transfer their existing employees from outside the EEA to their UK branch for training purposes or to fill a specific vacancy that cannot be filled by a British or EEA worker.”[37]  Within this category are four subcategories: short-term staff, long-term staff, graduate trainees, and skills transfers.[38]  Leave to remain varies according to which subcategory the employee is present in the UK under, and may be granted for up to three years and one month.
  • General Migrants; Minister of Religion; and Sportspersons.  This category is provided to “enable UK employers to recruit workers from outside the EEA to fill a particular vacancy that cannot be filled by a British or EEA worker.”[39]  Leave to remain may be granted for up to three years and one month.[40]

The category was recently further restricted and is now limited to 20,700 people per year, who must have a job offer for a position that requires a college degree.[41]  This cap excludes individuals that earn £150,000 (approximately US$240,000) per year and intracompany transfers.[42] 

Permanent Residence

Tier 2 workers are eligible for permanent residence on generally the same basis as those in Tier 1.  There are a number of additional criteria that individuals who are in the UK as Tier 2 intracompany transfers, general migrants, ministers of religion, and sportspersons must meet when applying for permanent residence.  One of the most notable additional criteria is a certificate in writing from the sponsoring employer that “(i) he still requires the applicant for the employment in question, and (ii) he is paid at or above the appropriate rate for the job as stated in the Codes of Practice in Appendix J.”[43]   

D.  Tier 3: Low-Skilled Workers 

Tier 3 was designed to fill temporary low-skilled labor shortages.  However, this tier was never opened and is currently suspended.[44]  The UK closed this tier after it determined that its low-skilled labor needs were being met by workers from within the European Union, who do not need to obtain a visa to enter and work in the UK.[45]

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E.  Tier 5: Temporary Workers

Admission into the UK for temporary workers is provided for by Tier 5 of the points-based immigration system.  There are six categories of Tier 5 temporary workers:

  • Creative and Sporting,
  • Charity Workers,
  • Religious Workers,
  • Government Authorized Exchange Programs,
  • International Agreements, and
  • Youth Mobility Scheme.[46]

To apply  for a visa under almost all Tier 5 categories, the applicant must have a job offer from a sponsor licensed in the UK, have a valid Certificate of Sponsorship from this sponsor prior to applying for the visa, and score a certain number of points on an assessment.  To qualify as a Tier 5 temporary worker in most categories the applicant must score thirty points (for a Certificate of Sponsorship) and ten points by demonstrating they have maintenance funds of at least £900 (approximately US$1400) in a bank account.[47]  Certain workers may be exempt from demonstrating the maintenance funds if an “A rated” sponsor certifies that they will not claim public funds during their stay as a temporary worker.[48] 

A sponsor is a UK-based organization that has registered as a licensed sponsor that meets the requirements for the particular category of Tier 5.  Employers must assign prospective employees with a certificate of sponsorship, which is required before an application can be made, and provide assurance that the applicant is able and intends to work in a specific job. [49]

Accruing the requisite number of points alone does not guarantee a successful application, and the UK Border Agency bases its decision on the complete application and evidence provided to support it.[50]  Eligibility for entry as a Tier 5 temporary worker may be refused on “general grounds” even if the applicant is otherwise fully eligible.  These general grounds are extensive, and include a criminal history or a previous breach of the immigration rules.[51]

1.  Visa Conditions

Individuals entering as temporary workers may engage in work that is supplementary to work that they have been granted leave to enter the country for, provided the job is for less than twenty hours per week, does not interfere with the hours for which the Certificate of Sponsorship was originally granted, and is “on the shortage occupation list in Appendix K[52] of the Immigration Rules or a job in the same sector and at the same level as the work for which the Certificate of Sponsorship was assigned.”[53]

In almost all Tier 5 categories workers may change jobs while in the UK as a Tier 5 worker.  The new job can be either with the same sponsor or a new one.  If a new sponsor is used, the worker must be provided with a new certificate of sponsorship, and the applicant must provide new evidence that he or she meets the maintenance requirement.  The rules do not permit Tier 5 workers to switch into a different tier or category and they may only stay the maximum time permitted in the Tier 5 category they originally selected.[54]  

If a temporary workers employment ends before the time allotted in their visa, the UK Border Agency will reduce the duration of stay to a maximum of sixty days.[55]  With the exception of workers in the international agreement category who have worked as private servants in a diplomatic household,[56] there is no method through which a person who is in the UK as a Tier 5 worker can apply for permanent residence or citizenship.[57]

2.  Tier 5 Categories

The following is a brief summary of some specific provisions that apply to each of the Tier 5 categories:

a.  Creative Workers and Sportspersons

To enter the UK as a sportsperson in the Tier 5 category, the individuals must be internationally established at the highest level and/or their employment must make a significant contribution to the development and running of high-level sports.  Additionally, the sponsor’s endorsement must confirm that the post could not be filled by a suitable settled worker in the UK.[58]  Sportspersons must be endorsed by a governing body of their sport that is recognized by the UK.  Requirements for coaches are less onerous and simply require that the individuals be suitably qualified to perform the job.

Sponsors of creative workers must follow a code of practice in the Immigration Rules, which requires taking the needs of the resident labor market into account.  If a job is not covered by a code of practice, the sponsor is required to show that a settled worker could not fill the post.[59]

Sportspersons may be in the country for a maximum of twelve months.  There are no ways to extend in the Tier 5 category past that time.[60]  Creative workers may receive entry clearance for up to twelve months, extendable for a maximum of twenty-four months, provided they remain with the same sponsor. 

b.  Religious Workers

Religious workers may be admitted into the UK for a maximum stay of twenty-four months to preach and do both pastoral and nonpastoral work.[61]

c.  Charity Workers

Charity workers may enter the UK for a maximum of twelve months to do unpaid voluntary work.  The can not receive paid employment and must intend to carry out work “directly related to the purpose of the sponsoring organisation.”[62]

d.  Government Authorized Exchange Programs

The Government Authorized Exchange category is “for those coming to the United Kingdom through approved schemes that aim to share knowledge, experience and best practice through work placements, whilst experiencing the wider social and cultural setting of the United Kingdom.  This category cannot be used to fill job vacancies or provide a way to bring unskilled labour to the United Kingdom.”[63]  There are different programs provided for under this subcategory, including: work experience programs; research programs; and training programs.[64] 

Individuals in this category, with limited exceptions, may not be sponsored by individual employers or organizations as is required by most other Tier 5 categories.  Instead, an overarching government body is responsible for assigning Certificates of Sponsorship.[65]

Entry into the UK in this category is for a maximum period of twenty-four months.[66]

e.  International Agreements

This category is for individuals that enter the UK under an international agreement.  This category includes private servants in diplomatic households and employees of overseas governments and international organizations.[67]  For private servants of diplomatic households the sponsor must guarantee that the applicant is at least eighteen years old; a named member of staff of a diplomatic or consular mission with all the privileges and immunities as provided by the Vienna Convention on Diplomatic Relations; or a named official employed by an international organization.  The sponsors must also guarantee that the applicant intends to do domestic work on a full-time basis for them and will not perform other work, and will leave the UK once his or her permission to stay ends.[68]  Overseas governments and international organizations that act as sponsors must guarantee that the applicant is under a contract of employment with them, will only work in the job specified in the application, and will not change into a different category of worker within the international agreements category upon entry into the UK.[69]

Entry into the UK is for a maximum period of twenty-four months, with limited exceptions that include private servants in diplomatic households and employees of overseas governments.[70]

f.  Youth Mobility Scheme

The youth mobility scheme is open to young people aged eighteen to thirty-one on the date of application.  Once in the country, individuals in this category may extend their stay for up to two years, but may not transfer into another Tier or category.[71]  Applicants under this category must give evidence that they have sufficient maintenance by showing a bank balance of at least £1800 (approximately US$3500) to support themselves during their stay. 

This program applies to residents of only certain countries, and there are restrictions on the number of places allotted to each country participating under the program.  For 2013, the limits are:

  • Australia—35,000 places
  • Canada—5,500 places
  • Japan—1,000 places
  • Monaco—1,000 places
  • New Zealand—10,000 places
  • Republic of Korea—1,000 places

Individuals entering under this category may not bring dependents, and applicants must not have any children under the age of eighteen living with them, or for whom they are financially responsible.[73] 

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IV.  Sponsor Responsibilities

As noted above, to help tie in sponsoring employers to immigration enforcement, the sponsors have a number of duties.  They are responsible for keeping records of the applicant’s passport, immigration documents, and contact details.  They are obliged to report any person they sponsor to the UK Border Agency if

  • the worker does not show for work on his or her first day,
  • the worker is absent from work for more than ten working days without permission,
  • the job has ended for any reason,
  • the sponsorship stops for any reason, and
  • the worker has any change in circumstances, such as a change of job.[74] 

Notification requirements also arise if the sponsor believes a worker is breaching the conditions of his or her immigration status or if the sponsor believes the employee is engaging in criminal or terrorist activity.[75] 

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V.  Resident Labor Market Test

As the purpose of the majority of the points-based worker categories is to fill positions that cannot be filled by a UK resident, there is a resident labor market test that must be performed.  This is designed to ensure that there are no UK residents that are able to perform the job for which the employer sponsors a migrant worker.  This test requires employers to advertize positions through the Jobcentre Plus and nationally for four weeks before they are able to sponsor a migrant.  The UK Border Agency checks that employers have met this requirement.[76]

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VI.  Statistics of Applications Under the Points-Based System

The following table provides points-based system data for 2010-11, as reported by the UK National Audit Office:

Tier Visa Application Apply Within UK (%) Apply Outside UK (%) Total Total % of Applications
Tier 1  General 55,018 (63%) 31,901 (37%) 86,919 48%
Post-Study 82,455 (89%) 10,379 (11%) 92,834 51%
Investor 337 (45%) 407 (55%) 744 0.40%
Entrepreneur 244 (42%) 336 (58%) 580 0.30%
Total Tier 1 138,054 (76%) 43,023 (24%) 181,077 50%
Tier 2  General 26,734 (59%) 18,499 (41%) 18,499 40%
Intracompany Transfer (ICT) 12,732 (20%) 51,358 (80%) 64,090 57%
Minister of Religion 1,132 (61%) 739 (39%) 1,871 2%
Sportsperson 181 (27%) 494 (73%) 675 1%
Total Tier 2 40,779 (36%) 71,090 (64%) 111,869 31%
Tier 5 Total Tier 5 454 (1%) 67,469 (99%) 67,923 19%
Total   179,287 (50%) 181,582 (50%) 360,869  
Source: UK National Audit Office, Report by the Comptroller and Auditor General, Immigration: The Points-based System—Work Routes, 2010–11, H.C. 819, at 13, http://www.official-documents.gov.uk/ document/hc1011/hc08/0819/0819.pdf.

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VII.  National Audit Office Review of the System

In 2011, the National Audit Office (NAO) undertook a substantive review of the points-based migration system.  It found a number of areas in which the system was operating effectively, and other areas in which it was not meeting its aims.[77]   

The NAO noted that Tier 1 partially achieved its objective, and around 60% of workers who stayed in the UK after studying worked in skilled or highly skilled professions.[78]  However, in the Tier 1 post-study work route, the NAO found that it was “unlikely to have met its original objective of selecting only the most able international students to work in the UK.”[79] 

The review found that Tier 2 migrants “largely met employers’ needs for skilled workers although a third of employers . . . wanted to recruit more skilled foreign workers than they were able to.”[80]  The NAO noted that most migrants did not end up working in positions that were acute or high-priority shortages.

The IT systems through which the points-based system operates were criticized for not being able to extrapolate data to enable the UK Border agency to assess and manage compliance with the immigration controls. [81]

While the focus of the system is on employers to monitor their migrant employees’ compliance with immigration rules, the NAO has found that the UK Border Agency is not adequately managing the risk of noncompliance of sponsors with their monitoring and reporting role.  Specifically, it notes that the UK Border Agency does not “yet have an adequate grip on how well sponsors are fulfilling their duties.”[82]  It has only visited 15% of the employers that it has licensed as sponsors, down from a goal of 40%.[83]  There is further disorganization regarding how many should be visited, and there have been no statistics on the proportion of visits that have identified issues of compliance.[84]  Despite these issues, the UK Border Agency has reported that 96% of its sponsor employers are compliant with the immigration rules.[85]  

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VIII.  Illegal Immigration

Illegal immigration is a continuing problem in the UK and as the NAO has noted, it is exacerbated by the lack of exit controls that make verifying whether individuals have overstayed their permitted time extremely difficult.  The government has declined to disclose the top three countries for which illegal immigrants originate from, but has stated that the majority come to the UK through Turkey and then into Greece.[86] 

The NAO notes that under the points-based system the UK Border Agency has not sufficiently followed up with workers to ensure that they leave the UK once their leave to remain expires.  There are estimates that up to 181,000 migrants of all visa types are still in the UK after the expiration of their leave to remain.[87]  This has been attributed in part to the lack of exit checks, making it almost impossible to identify individuals who overstay, and to IT systems that are unable to identify individuals who need to renew their visas. [88] 

The government has established an E-borders program, which requires carriers to provide certain information regarding the passengers and crew they carry.  Carriers are under a mandatory duty to provide travel document information for crew and passengers, as well as the name of the carrier and its departure and arrival points when requested.  The information must only be given when requested, and at the point when no other embarkation for other passengers or crew is allowed.[89]  Carriers are also required to provide additional data, such as passenger information that includes the name, address, telephone numbers, ticketing information, and travel itinerary of the passengers.[90]  A Code of Practice provides that data collected by the UK Border Agency may be shared with other law enforcement agencies in the UK.[91]  One of the controversial issues of this system is extending it to ports and railway stations within the EU as a number of member states view sharing passenger and crew information as violating the European Union’s free movement laws.[92]

In addition to preventing individuals from illegally entering the country, the UK also has a law that requires employers to verify that all employees they hire are able to lawfully work in the UK.  Employers that fail to do so and employ people in the UK without authority to work can be fined.  This law is actively enforced and in “2010–11, the UK Border Agency (UKBA) collected £6.91 million [approximately US$11 million] in illegal working civil penalties from those employers who were found to be employing illegal workers.”[93]

The issue of compliance with immigration rules has been further compounded by the faltering economy.  The UK has recently cut 20% of the UK Border Agency’s budget, and there have been over 5,200 job losses from this Agency.  Despite this big drop in funding and staffing, the government claims that the work of the UK Border Agency has not been undermined and that the use of better technology and intelligence are resulting in higher numbers of illegal immigrants being caught at the border.[94] 

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Prepared by Clare Feikert-Ahalt
Senior Foreign Law Specialist
March 2013



[1] Musgrove v. Chun Teeong Toy [1891] A.C. 272, followed in Schmidt v. Home Office [1969] 2 Ch. 149.

[2] Aliens Restriction Act, 1914, 4 & 5 Geo. 5, c. 12.  

[3] Aliens Restriction (Amendment) Act, 1919, c. 92, http://www.legislation.gov.uk/ukpga/Geo5/9-10/92/contents.

[4] Aliens Order, (1920) Stat R. & O. 448 (as amended).

[6] Immigration Rules (as amended), http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/ immigrationrules/; R v. Chief Immigration Officer, Heathrow Airport, ex. p. Salamat Bibi [1976] 3 All ER 843 (CA) per Roskill, LJ: “these rules are [not administrative practice and are] just as much delegated legislation as any other form of rule making activity … [and] to my mind, are just as much a part of the law of England as the 1971 Act itself.”

[7] The European Economic Area consists of the Members of the European Union, plus Norway, Iceland, and Liechtenstein.

[8] Immigration Act 1971, c. 77 § 3, http://www.legislation.gov.uk/ukpga/1971/77/section/3.  

[9] UK Population Estimate Revealed, Office for National Statistics, Dec. 2012, http://www.ons.gov.uk/ons/rel/ mro/news-release/uk-population-estimate-revealed/uk-population-estimate-revealed-.html.

[10] Long-Term International Migration, 2011, Office for National Statistics, Nov. 2012, http://www.ons.gov. uk/ons/rel/migration1/long-term-international-migration/2011/index.html.

[13] Ian Macdonald, QC & Ronan Toal, Macdonald’s Immigration Law & Practice (7th ed. 2008), ¶ 10.4.

[14] National Audit Office, Report by the Comptroller and Auditor General, H.C. 819, 2010–2011, ¶ 2, http://www.official-documents.gov.uk/document/hc1011/hc08/0819/0819.pdf.

[15] Id. at 4.

[16] Immigration Rules, supra note 6, ¶ 245B.  See also Skilled Workers, UK Border Agency, http://www.ukba. homeoffice.gov.uk/visas-immigration/working/tier2/ (last visited Feb. 25, 2013).

[17] High-Value Migrants, UK Border Agency, http://www.ukba.homeoffice.gov.uk/visas-immigration/ working/tier1/ (last visited Feb. 25, 2013).  

[18] Quick Guide to the Points-Based System, UK Border Agency, http://www.ukba.homeoffice.gov.uk/business-sponsors/points/quick-guide-pbs/ (last visited Feb. 25, 2013).

[19] Id.

[20] See, e.g., Immigration Rules, supra note 6, ¶¶ 245CA & 245BF.

[21] Ian Macdonald, QC & Ronan Toal, supra note 13, ¶ 10.2.

[22] Immigration Rules, supra note 6, ¶ 245B.

[23] Id. ¶ 245BC.

[24] Tier 1 (Exceptional Talent), UK Border Agency, http://www.ukba.homeoffice.gov.uk/visas-immigration/ working/tier1/exceptional-talent/ (last visited Feb. 26, 2013).

[25] Immigration Rules, supra note 6, ¶ 245C.

[26] Id. ¶ 245CB.

[27] Id. ¶ 245D.

[28] Id. ¶ 245DC.

[29] Id. 245F.

[30] Id. ¶ 245E.

[31] Id. ¶ 245EE.

[32] National Audit Office, supra note 14, ¶ 1.16.

[33] Immigration Rules, supra note 6, ¶ 245BF.

[34] Ian Macdonald, QC & Ronan Toal, supra note 13, ¶ 10.6.

[35] National Audit Office, supra note 14, ¶ 2.

[36] Id. ¶ 1.

[37] Immigration Rules, supra note 6, ¶ 245G.

[38] Id. ¶ 245GC.

[39] Id. ¶ 245H.

[40] Id. ¶ 245HC.

[41] Annual Tier 2 Limit Announcement, UK Border Agency, Apr. 2012, http://www.ukba.homeoffice.gov.uk/ sitecontent/newsarticles/2012/april/18-Tier2-limit.

[42] National Audit Office, supra note 14, ¶ 1.16.

[43] Immigration Rules, supra note 6, 245GF(e).

[45] Id.

[46] Temporary Workers, Home Office UK Border Agency http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier5/.

[47] Home Office UK Border Agency, Tier 5 (Temporary Worker) of the Points-Based System—Policy Guidance, Dec. 2012, ¶ 135, http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/tier5temporaryworker guidan1.pdf

[48] Immigration Rules, supra note 6, ¶ 105 & App. C, ¶ 8.

[49] Home Office UK Border Agency, supra note 47, ¶ 44. 

[50] Id. ¶ 13. 

[52] Immigration Rules, supra note 6, App. K.  There are a wide range of jobs that are experiencing shortages and are listed in this appendix, including civil engineers, biological scientists, software professionals, medical practitioners, social workers, nurses, dancers, and artists.

[53] Home Office, supra note 47, ¶ 158.

[54] Id. ¶ 164-5.

[55] Id. ¶ 85.

[56] Immigration Rules, supra note 6, 245ZS.

[57] Tier 5 (Temporary Worker—Government Authorised Exchange), Home Office: UK Border Agency, http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier5/government-authorised-exchange/settlement/.

[58] Home Office, supra note 47, ¶ 101.

[59] Id. ¶ 104.

[60] Id. ¶ 58–62.

[61] Id. ¶ 88.

[62] Id. ¶ 119.

[63] Id. ¶ 125.

[64] Id.

[65] Id. ¶ 127.

[66] Id. ¶ 88.

[67] Id. ¶ 130.

[68] Id. ¶ 132.

[69] Id. ¶ 131.

[70] Id. ¶ 88.

[71] Id. ¶ 35.

[73] Home Office, supra note 47, ¶ 35.

[74] Id. ¶ 60.

[75] Id. ¶ 60.

[76] National Audit Office, supra note 14, ¶ 3.18.

[77] Id. ¶ 14.

[78] Id. ¶ 7.

[79] Id. ¶ 5.

[80] Id. ¶ 8.

[81] Id. ¶ 14.

[82] Id. ¶ 16.

[83] Id. ¶ 3.15.

[84] Id. ¶ 16.

[85] Id. ¶ 16.

[87] National Audit Office, supra note 14, ¶ 17.

[88] Id. ¶ 3.9.

[89] UK Border Agency, E-Borders Overview of Legislation, at 3, http://www.ukba.homeoffice.gov.uk/sitecontent/ documents/travel-customs/ebordersoverview, contained in The Immigration and Police (Passenger, Crew and Service Information) Order 2008, SI 2008/5, http://www.opsi.gov.uk/si/si2008/uksi_20080005_en_1.

[90] Id.

[91] The Immigration, Asylum and Nationality Act 2006 (Data Sharing of Practice) Order 2008, SI 2008/8, http://www.opsi.gov.uk/si/si2008/uksi_20080008_en_1.

[92] Brian Wheeler, The Truth Behind UK Migration Figures, BBC News (Oct. 12, 2012), http://www.bbc.co.uk/ news/uk-politics-19646459.

[93] 20 Feb. 2012, Hansard, H.C. (6th ser.) 512W, http://www.parliamentonline.co.uk/hansard/hocw/ 120220w0002.htm.

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Last Updated: 02/28/2014