The Legal 500

The science and engineering sectors contribute significantly to the UK economy. Scientists and engineers also play a valuable role in society by carrying out innovative research, for example, in stem cells, nanotubes, renewable energy, and grid and wireless technologies. In recent years, there has been an increasing demand by the government and employers in the UK for individuals with science and engineering skills. The government has emphasised the need for ‘Britain to be the most attractive location in the world for science and innovation' (HM Treasury, Department of Trade and Industry, and Department for Education and Skills, ‘Science and Innovation Investment Framework', 2004).

As part of the government's productivity and innovation strategy, in 2001 it commissioned a review by Sir Gareth Roberts into the supply of science and engineering skills in the UK (the Review). The Review considered the difficulties employers face in recruiting highly skilled scientists and engineers, and recognised the demand for these professionals across the economy in a wide range of industries.

Foreign scientists and engineers, meanwhile, are attracted to the UK by its strong reputation in these fields, and students are attracted to the UK by the cost-effectiveness of studying for a degree here compared to other countries. An integral part of the government's strategy is also to encourage foreign scientists and engineers to study and work in the UK. As the Foreign Secretary, Margaret Beckett, recently stated, 'science thrives on diversity and on the exchange of ideas'. This strategy should also alleviate the problems of supply in the resident labour market.

The government has introduced a variety of immigration mechanisms that help scientists and engineers, and students of these subjects, gain entry to the UK. This article considers these mechanisms in detail.

Work Permit Scheme

The work permit scheme allows UK employers to recruit or transfer people from outside the European Economic Area (EEA), while safeguarding the interests of resident workers in the UK. As part of the work permit criteria, employers normally need to demonstrate to Work Permits (UK), part of the Home Office's Immigration and Nationality Directorate (IND), that a genuine attempt has been made to recruit from the resident labour market, ie that they have advertised the position, and that they have been unable to find suitably qualified or experienced EEA nationals to fill the role.

The government recognises that there are certain vacancies in the UK which are are particularly difficult to fill with EEA nationals. For these vacancies, the requirement to demonstrate evidence of advertising within the resident labour market does not apply. The Home Office regularly monitors the employment market to identify the supply and demand of personnel in sectors across the economy, and maintains a full list of shortage occupations on its website. Many of the current shortage occupations on the list fall within the healthcare and engineering sectors (including specific posts within ground, structural/bridge, railways, transportation and highways engineering). Teaching is also included on the list, although it does not specify whether this includes science teachers, nor the level of teaching required.

Work Permits (UK) has gradually improved the procedures and processes for employers wishing to obtain a work permit on an individual's behalf. Current processing times are one to two weeks from the date of submission.

Once the work permit has been issued, if the work permit holder is out of the UK, they will then need to make an entry clearance application at the relevant British diplomatic post in their place of legal residence before entering the UK. If they are applying from within the UK and are in a category which enables them to switch into work permit employment, they will need to make an application to the Home Office for further leave to remain.

It is important to note that the work permit is employer and job specific; the work permit holder will be tied to their employer for the duration of the permit, unless a new employer is willing to sponsor a work permit application on their behalf.

The work permit scheme has proved to be one of the most popular ways for employers to recruit skilled scientists and engineers. Significant numbers of scientists, technologists and engineers enter the UK each year from abroad; 9.3% (8,351) of work permits granted in 2004 were for engineers and technologists, rising to 10.7% in the first half of 2005. This included electrical engineers, and those in other engineering occupations.

Science and Engineering Graduates Scheme

The Review identified the need to encourage those who have gained valuable skills in further or higher education in the UK to remain in the country. The Science and Engineering Graduates Scheme (SEGS) was launched on 25 October 2004 with the aim of encouraging non-EEA nationals with degrees in physical sciences, mathematics and engineering from UK further and higher education establishments to pursue a career here. The scheme has recently been amended for those commencing courses from 1 May 2006, so that all students successfully completing a Master's or PhD course can qualify, regardless of the subject they have studied.

SEGS participants can take up any type of employment or self-employment in the UK, and can also use the additional leave to gain further work experience in the UK after their studies. If they wish to remain in the UK beyond their permission to remain as a SEGS participant, they are eligible to switch into employment and self-employment categories (ie work permit employment, Highly Skilled Migrant Programme, etc), provided they meet the relevant criteria.

How to qualify under the scheme

To be granted leave under the scheme, applicants must:

• have successfully completed a relevant course at a UK institution of higher or further education, ie:
  - a degree course (with second class honours (2(2)) or higher) on the relevant list of physical science, mathematics and engineering courses approved by the Department for Education and Skills (DfES) for the purposes of the scheme; or
  - a Master's or PhD course, where study commenced before 1 May 2006, on the relevant list of physical science, mathematics and engineering courses approved by the DfES for the purposes of the scheme; or
• a Master's or PhD course in any subject, where study commenced on or after 1 May 2006;
• have completed their course in the last 12 months (as shown by the date of expiry of leave as a student to complete this course);
• intend to work during the period of leave granted under the scheme;
• are able to maintain and accommodate themselves and any dependants without recourse to public funds; and
• intend to leave the UK at the end of their stay (unless granted leave as a work permit holder, highly skilled migrant, business person or innovator).

 

The DfES lists of eligible science and engineering courses focus on the subjects and skills that the Review identified as being in short supply. The lists are available on the Home Office www.workingintheuk.gov.uk website.

If the applicant is in the UK as a student, they may apply for further leave to remain in the UK as a SEGS participant by completing form FLR (SEGS) and returning it, together with supporting documentation, to the IND either in person at its public enquiry office in Croydon, or by post to the 'leave to remain' team in Durham.

If they are applying from abroad, they will need to obtain entry clearance as a SEGS participant before they return to the UK in this capacity.

Highly Skilled Migrant Programme

Skilled scientists and engineers may also qualify to enter and work in the UK under the Highly Skilled Migrant Programme (HSMP). Launched in January 2002, the HSMP is aimed at encouraging highly skilled individuals who have the skills, qualifications and experience to come to the UK to compete in the global economy.

The programme is based on a points system. To make a successful application, applicants will need to show that they can score points in five main areas. These include:

• educational qualifications;
• work experience;
• past earnings;
• achievement in the applicant's chosen field; and
• their husband's, wife's, civil partner's or unmarried partner's achievements.

 

In addition to scoring at least 65 points in the above areas, the applicant will need to demonstrate that:

• They are able to continue to work in their chosen field in the UK.
• They have enough savings and/or potential income to support themselves and their family. They will not be allowed any use of public funds while in the UK with permission to stay under the programme.
• They intend to make the UK their main home. The applicant will be asked to provide a written statement to that effect.

 

Currently, a priority application process applies for GPs. In addition, applicants who have graduated after 2 December 2004 with an MBA from the 50 top international business schools are automatically awarded 65 points.

A lower threshold applies for applicants under 28.

If the application is successful, the applicant will be granted an initial period of two years' leave to enter/remain in the UK under the HSMP. Under the HSMP, candidates are free to take employment in the UK with any employer and/or be self-employed.

As per the work permit scheme, a two-stage process applies to the HSMP. Once the HSMP application is approved, the individual will need to apply for leave to remain in the UK, or for entry clearance overseas.

If the applicant is in the UK in a category leading to settlement (such as a SEGS participant, work permit holder or business person), or is a student who is due to qualify from a higher education institution, they can make an application to the Home Office for further leave to remain.

If the applicant is based outside the UK, they will need to apply for entry clearance at the relevant diplomatic post in their place of legal residence before they may enter the UK as a highly skilled migrant.

Since its inception, the Home Office has received significant numbers of HSMP applications, and this immigration category is a welcome choice for many scientists and engineers who have not been able to secure employment in the UK, or would like the opportunity to be self-employed or freely move between employers. It is important to note, however, that the HSMP application is document-based and evidence-heavy, and the Home Office only approves an HSMP application if it meets the strict criteria. This has had an impact on the chances of obtaining approval on the HSMP; currently only 50% of the applications received by the Home Office are approved.

Conclusion

The government's science and innovation strategy encourages those in the EEA to pursue careers in science and engineering to alleviate problems of supply in these industries. However, it also encourages skilled migrants to work and develop their skills and knowledge in the UK. The current immigration mechanisms that exist to encourage foreign students and trained scientists and engineers to come to the UK are an integral part of the government's strategy.

There has already been an increase in the number of foreign scientists and engineers coming to work in the UK. There has also been a significant rise in the number of overseas students studying science and engineering-related subjects at undergraduate or post-graduate level.

Skilled migrants can help the UK develop its reputation for being one of the world's leading providers of scientific innovation, research and development, and accomplishment.

By Zulaykha Bhaijee, solicitor.

E-mail: Zulaykha.bhaijee@magrath.co.uk.

For more information please visit www.magrath.co.uk.