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2010-Gd-0065 GD No: 65/ 10 ',,\ l tsleof Man Government Rei I ty s EI I a¡t Van tti tt A Report by the Migration Policy Group December 2010 Price Band: Price: 82.30 Page 2 of 16 Page 3 of 16 Contents 1. Introduction.............. ...,.......8 2, Changes to UK Immigration Rules ...,... 10 3. Reform of Control of Employment legislation.........,, ..........,.. 13 4. Migration data......... ........... 15 5. Related tasks not charged to the Committee ,....... 15 Page 6 of 16 A Repoft by the Migration Policy Group To: The Hon, N.Q. Cringle, OBE MLC, President of Tynwald and the Honourable the Council and Keys in Tynwald assembled. In presenting this first repoft of the Migration Policy Group I am conscious of the three main priorities which were presented to the group. Namely, the development and implementation of an Isle of Man Points Based System modernisation of the Work Permit Legislation (the TSC doesn't say that)and finally, and in some ways perhaps, most impoftantly to provide a forum to co-ordinate Government's activity with regard to migration to and from the Island. I am also conscious that my tenure as Chair of the Migration Policy Group is somewhat recent, and I would like to thank my predecessors Mr Cretney MHK and Mr Corkish MHK for their previous Chairmanship of the group. I am pleased with the progress which has been made, and I am optimistic that the work of the Committee may have a beneficial impact, I wish in pafticular to thank the officers who have undeftaken the work. Mrs Clare Christian BSc MLC Chairman Page 7 of 16 1. Int¡oduction 1.1 Background At a sitting of Tynwald Couft held on 17th January 2007 it was resolved that a Select Committee of five Members be appointed with powers to take written and oral evidence to examine and review the operation and adequacy of the existing legislation available to the Isle of Man for monitoring and controlling immigration to the Island and to report back to Tynwald with recommendations. "The Repoft of the Select Committee of Tynwald on Immigration"was presented to the December 2008 sitting of Tynwald. Following an amendment by the then Minister for Trade and Industry, Tynwald agreed that: "the Repoft of the Select Committee on Immigration be received and referred to Council of Ministe¡s for consideration and that Council should report to Tynwald on each recommendation contained therein by April 2009'i A sub-group of the Council of Ministers was therefore established to consider the Report and recommendations on behalf of Council. The Council of Ministers subsequently appointed a Working Group to consider and advise upon each of the recommendations made in the original Repoft of the Tynwald Select Committee. The Report of the Working Group entitled "Report by the Council of Ministers on the Repoft of the Select Committee of Tynwald on Immigration"subsequently set out the considerations and recommendations of the Council of Ministers on the matters considered by the Select Committee. At Tynwald in April 2009 the Repoft of the Council of Ministers was accepted and the recommendations of the Tynwald Select Committee on Immigration as amended by the Council of Ministers were approved by Tynwald subject to two amendments. The recommendations, which are set out at 1.2 below, included the establishment of a new cross Departmental Migration Policy Group (MPG) charged with various tasks. Not all of the recommendations were to be implemented or overseen by this new body; some remained the responsibility of individual Depaftments. Neveftheless, because the MPG responsibilities and Depaftmental responsibilities are integrally connected, this repoft provides an update on all the recommendations. 1.2 The Recommendations The final recommendations, as approved by Tynwald, were as follows: Recommendation I That the Council of Ministers continue to progress the introduction of a Points Based System for the Isle of Man which will effect entry into the Isle of Man for those subject to immigration control coming to the Isle of Man to seek or take employment and that the System be introduced by July 2010, Recommendation 2 That the Council of Ministers: (a) establishes a Migration Poliry Group under the Chairmanship of the DTI Minister, consisting of representation from the Chief Secretary's Office, the Treasury, Depaftment of Trade and Industry and Depaftment of Health and Social Security, and others as required from time to time, to: Page 8 of 16 (i) consider changes to UK Immigration Rules which affect the economy and make recommendations to the Council of Ministers in respect of adoption or not of those changes into the IOM Immigration Rules, (ii) consider the operation of the Points Based System in relation to employment matters, (iii) consider matters relating to work permit policy and publish a repoft which incorporates relevant matters such as the Manx Points Based system, the Control of Employment Act 1975 and the Regulations made under it, skill shoftages etc,, (iv) consider proposals made by the DTI in respect of guidelines for the issue of work permits, (v) explore the options for improving migration data including the possibility of establishing a database, (vi) repoft annually to Tynwald; and (b) task the Economic Development Committee to identify ways in which the impact of immigration on the economy can be monitored and to repoft back to Council. Recommendation 3 That the proposal to require both EEA and non EEA nationals wishing to enter the Isle of Man for employment purposes to hold a work permit granted under the Control of Employment Act 1975 and to make clear that the granting of such a work permit does not necessarily lead to settlement, is not workable and should not be progressed. Recommendation 4 That as paft of its review of the Control of Employment Regulations 1993, the Depaftment of Trade and Industry conclude its consideration of the Select Committee's recommendations that the Depaftment: (¡) require the applicant for a work permit to have a working knowledge of the English language to ensure the health and safety of the individual, work colleagues and others, and (i¡) take account of the ability of the applicant's dependants to speak English, and that the Department also give consideration in advance of its planned consultation on the Control of Employment Act 1975, to the Select Committeet recommendations that it: (¡) allow for applications to be made to the Minister for Trade and Industry for an "indefinite" work permit (redefined as a 5 or 10 year work permit) in exceptional circumstances, (ii) otherwise restrict the granting of a work permit, or combination of approval and renewals to an aggregate of one year less than the qualifying period for Isle of Man worker status (currently 5 years), (iii) allow for applications to be made to the Minister for Trade and Industry, or Body or person appointed by him, for an extension of a work permit beyond the qualifying period, such application to be made no less than one year before the qualifying period for Isle of Man worker status, consideration of which will take account of the Page 9 of 16 personal circumstances of the individual, their skill level and the need for retention of those skills and contribution to the economy, and (iv) take note of relevant comments contained within the Tynwald Select Committee Repoft, Recommendation 5 That the Council of Ministers make such amendments to the Immigration Rules as deemed necessary to establish a Manx Points Based System. Recommendation 6 That the review of Child Benefit payments undeftaken by the Depaftment of Health and Social Security be conducted on a regular basis. Recommendation 7 That the Department of Home Affairs should vigorously pursue the matter of access to criminal records, both in the United Kingdom and Europe, and repoft to Tynwald by July 2009. In 2010 the Government was restructured and most responsibilities of the Depaftment of Trade and Industry passed to a new Depaftment of Economic Development, In addition, the Department of Health and Social Security (DHSS) was split into two Departments, the Depaftment of Health and the Depaftment of Social Care, with the latter assuming responsibility for the former DHSS responsibilities in respect of the recommendations. 1 .3 Membership of the Working Grcup The MPG was initially chaired by the former Minister of the Depaftment of Trade and Industry Hon. David Cretney MHK. Following restructuring of Government the MPG was chaired firstly by Mr Geoff Corkish MHK and subsequently by Mrs Christian MLC acting under powers delegated by the Minister, Officers from the following Depaftments attended meetings: . Depaftment of Trade and Industry / Department of Economic Development. Chief Secretary's Offìce (External Relations Division / Immigration) o Treasuty, Economic Affairs Division . Depaftment of Health and Social Security (DHSS) / the Depaftment of Health and the Depaftment of Social Care The MPG first convened on the 23'd October 2009 and met on three further occasions prior to the publication of this repoft. 2. Changes to UK Immigration Rules 2.1 Relevant recommendations Relevant recommendations are 1, 2 (a) (1), and 5, 2.2 Overuiew of progress to intrcduce the Points Based System Much progress has been made in replacing the existing routes for nationals from outside the European Economic Area with that of a new Points Based System (PBS) This system, which is in operation in the UK, seeks to control immigration by Page 10 of16 requiring all applicants in a number of employment categories to have the correct number of points before Entry Clearance or Leave to Remain can be granted. The Isle of Man system corresponds closely with the UK system which consists of 5 different Tiers, The Points Based system is made under changes to the Immigration Rules, The first elements of the Points Based System (PBS) were introduced on 1st December 2009 with additional elements being added in July 2010 Tier 1 of the PBS replaced the Highly Skilled Migrant Programme, Business Persons and Investors with Tier 1 (General), Tier 1 (Entrepreneur) and Ter 1 (Investor) respectively, There is no requirement for sponsorship or a job offer prior to applying for the visa but the applicant must gain sufficient points.
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