Tier 5

The new points-based system for assessing immigration applications is being implemented throughout 2008/09. Tier 5 (youth mobility and temporary workers) is expected to go live in November 2008.

Tier 5 is a sponsor-led system which allows UK employers to employ individuals from outside the UK and European Economic Area (EEA) for up to 24 months under the temporary worker or youth mobility categories by checking the individual has been issued with an appropriate visa to allow them to undertake that category of work. The aim of these two strands of the new system is for individuals to extend their knowledge and skills by gaining experience in an NHS setting that they could not gain within their own country. This tier will replace a number of existing immigration categories of which the following are the ones generally used by NHS organisations:

Temporary workers

• Medical Training Initiative (MTI)
• Training and Work Experience Scheme (TWES)

The temporary worker category does not include short-term skilled worker posts such as locums - these fall within tier 2 of the new system.

Youth mobility

• Working holidaymaker scheme

Unlike the current work permit system, when the youth mobility strand is launched, employers will not be able to recruit individuals with a working holiday/youth mobility visa into posts on the shortage occupation list.

Sponsorship

Working holiday/youth mobility visas will be issued to the individual through the migrant's home government agreeing to sponsor the individual.

Many of the schemes including MTI will fall under the temporary worker strand and will attract sponsorship from a centralised body or co-ordinator of the exchange programme.

Once a certificate of sponsorship has been issued, temporary worker migrants will need to obtain an entry clearance in the category and will need to show they have enough points to qualify. Points will be earned against two sets of objective criteria with an overall pass mark of 40 points.

Points will be earned for:

• sponsorship - the migrant will demonstrate this by having a valid certificate of sponsorship issued by their licensed sponsor (30 points)
• maintenance - it is important that migrants are able to support themselves. It is important that migrants have sufficient funds to support themselves from the point at which they enter the UK until they begin earning (10 points)
• alternatively, under tier 5 - temporary workers, A-rated sponsors will be able to certify that their migrants will not claim public funds (10 points).

Switching

Switching from tier 5 into other tiers is not permitted and the temporary nature of tier 5 means that there is no route to settlement from any of the sub-categories of the tier.

Transitional arrangements

There will be transitional arrangements put in place when new schemes are launched in November 2008.