Visas: Points-based System

Lord Clement-Jones Excerpts

Thursday 10th March 2011 Lords Chamber

[Lord Clement-Jones]

First, I commend the patience and determination of the noble Earl, Lord Clancarty, on securing this debate on a subject about which I know he feels extremely strongly. I also congratulate him on his opening speech, which set out so clearly the case on the tier 5 visas.

The points-based visa system was introduced in November 2008 by the previous Government to ensure that we were bringing in the right skills from abroad to meet the needs of UK business in the permanent workforce. I have no quarrel with that aspiration, but in a number of areas, the system has proved over-bureaucratic, self-defeating and damaging to Britain's reputation. Nowhere has that proved more the case than with the provisions relating to non-EU artists who wish to perform or exhibit in the UK.

After the introduction of the PBS in November 2008, it became immediately apparent that tier 5, for visiting performers and artists, was having an adverse effect on cultural exchange—in particular, international artists and academics who visit the UK for a variety of cultural and academic activities. Rather than being welcomed, visiting artists are being treated with suspicion.

The noble Earl, Lord Clancarty, set out the current basis of the system, with requirements for savings, sponsors and so on. I first became aware of the issue when the Manifesto group, in 2009, published Cancelled by Order of the Home Office, which set out an appalling catalogue of the damage done to Britain's reputation as a centre for international arts as a result of the new system. Other organisations, such as English PEN and the National Campaign for the Arts, which the noble Earl referred to, also are heavily engaged in trying to improve the system.

The new system affects international artists and academics who visit the UK for a variety of cultural and academic activities. The regulations have led to a stream of cancelled talks and art events by artists and academics from anywhere outside Europe, as the noble Earl described. He mentioned the petition presented last year to No. 10. Subsequently those petitioners, in a letter to the Times, said of the points-based system:

“It is ruining Britain's reputation as a cultural hub and also turning cultural institutions and universities, against their will, into surveillance arms of a UK Border Agency, itself largely unaccountable … The vibrancy of British cultural life rests on the openness and independence of its institutions, and on maintaining rich and extensive collaboration with thinkers, artists, and the students who will make the future”.

I totally agree with that sentiment.

As a result of the new visa arrangements, more than 20 major events have been cancelled or badly affected. In December 2009, I raised the matter in this House and received the reply that I was not giving the then Government credit for what they were doing to mitigate the situation.

To his credit, Boris Johnson, the Mayor of London, in his cultural strategy document entitled Cultural Metropolis, launched in November 2010, also called for an overhaul, believing that the new system is onerous and costly and damaging London’s reputation as a world centre for culture. The noble Earl, Lord Clancarty, has given us some of the early results from the survey carried out by the Mayor of London into the problems caused by the tier 5 visa system—results which are pretty damning in themselves. Despite the campaign, and even under this Government, the catalogue of problems for visiting artists and academics has continued to grow, and the regulations have continued to lead to a stream of cancelled talks and art events by artists and academics from anywhere outside Europe.

The noble Earl, Lord Clancarty, mentioned the case of Kristin Ostling, the cellist with the US Carpe Diem String Quartet who at the end of last year was held for eight hours at Heathrow. What he did not say was that she was caught by UKBA because she had a cello. The members of the quartet seem to have been allowed into the conference because their violins were more discreet. A Brazilian theatre company, Teatro da Curva, which was intending to perform at the Camden Fringe, was deported. Last October, five writers heading for the Southbank Centre’s Poetry International Festival were refused entry to the UK. One of them apparently did not have enough money in her bank account. I could mention a similar catalogue of woes in respect of visiting academics. I was extremely interested to hear what the noble Lord, Lord Parekh, had to say on that subject. The Manifesto Club set these out in Fortress Academy, which it published last year.

In the face of these real instances of bureaucratic ill treatment and ignorance I have been pressing, with others, for a review of the PBS as it applies to the arts and academia. I was extremely interested in the noble Lord’s optimism in that respect. However, on 22 July, in response to a Question in this House, I was assured by the relevant Minister, my noble friend Lord De Mauley, that although there were no plans for a full review, a broader survey across all categories of tier 5 had been undertaken and will be published shortly. He asserted that the arts and entertainment task force was closely involved to ensure that the detail of the system reflects the creative sector’s needs while being robust and fair. Where are the results of the survey? How many times has the task force met to discuss the visa issue? What are its conclusions?

There has been some progress. Of course I welcome the inclusion of certain categories of artist in the UK shortage occupation list. There are also ways of mitigating problems associated with the current system which could be, and I hope will be, adopted. There could be better training for immigration officers so that, for instance, they understand what is meant by the expiry dates on certificates of sponsorship and correctly stamp artists’ passports with the correct permit to work. We could introduce minimum service standards, with a maximum of three months for renewing certificates of sponsorship. We could improve the levels of understanding of the officers who conduct the compliance visits. There could be better information and forms for applicants, and simplification of the certificate of sponsorship scheme. There should be an exemption from the immigration cap limit for artists who use the shortage occupation route under tier 2. There also needs to be improved biometric facilities so that applicants do not have to travel to third countries to get a visa.

There are further fundamental issues to be addressed. We need a comprehensive review. It is completely inappropriate that visiting artists and academics are dealt with in the same way as long-term migrants. These people have no impact at all on net migration into the UK. The exchange of artists is the lifeblood of the creative arts and industries, and of the education sector. We should do everything we can to facilitate that. This means that visa routes outside the points-based system must be developed. The entertainer route should be expanded; it is currently too narrow. There are some high-profile festivals, such as Edinburgh, Glastonbury and WOMAD, which have been marked out for special treatment. The approved list should be expanded to cover more and smaller festivals. I welcome the current proposal to create a tier 1 exceptional talent route for the arts, sciences and the humanities to cover people at the top of their profession, but will that be capped? Perhaps the Minister will clarify what this will mean.

Schengen visas for performers and artists are much more readily obtainable. So what should happen? Will all future gigs be held in Paris or Berlin while all our interchange is over Skype? Believe me, I am not joking. I hope that the coalition Government will recognise that this is a major issue and agree to undertake a full review so that we can ensure that the points-based system no longer damages UK arts and cultural exchange.

In the final minute, I want to deal very briefly with the specific issue of postgraduate work visas for overseas students under tier 1. The noble Earl, Lord Attlee, in the course of answering questions for the Government on student visas recently, gave an assurance that the Government are determined to protect our overseas students. But speeches by the Minister of State run somewhat contrary to that. The almost universal response to the proposal from businesses, universities, research charities and student bodies to eliminate post-study work visas has been negative, and for good reason. Recent experience in Australia has shown that changes in the student visa rules have led to drastic declines in student applications to Australian universities. There could be a sensible compromise so that these visas are obtainable by those with a higher degree in the form of a master’s. I hope very much that the Government will consider that.

--- Later in debate ---

[Earl Attlee]

My Lords, I am grateful to the noble Earl, Lord Clancarty, for asking his QSD. However, I would have found a three-hour debate much better for me, as it would have given me longer to answer your Lordships’ questions.

Let me begin by making it clear that this Government recognise and value highly the contribution made to our society, culture and economy by non-EU artists, performers and academics. I will set my response in the context of the Government’s overarching approach, which, quite simply, is that we will restore public confidence in the immigration system. We have said that we will reduce the number of non-EU migrants to ensure that net migration drops from the unsustainably high levels consistently seen in the past 10 years. Britain will benefit from migration, provided that it is controlled and in the country’s best interests. We are not seeking zero or negative net migration. The aim is to reduce net migration to the levels of the 1990s—the tens of thousands each year mentioned by the noble Lord, Lord Rosser, not hundreds of thousands. So we are taking action to tighten all entry routes—work, students and family—and break the link between temporary routes and permanent settlement.

This debate focuses on the points-based system under which foreign nationals come here to work, study or train. There are distinct tiers to the PBS, designed for different skill levels and entry purposes. Tier 1 is for exceptionally talented individuals. Tier 2 is for skilled workers with a job offer, usually longer term. Artists, performers and academics would be able to qualify under both tiers, provided that the requirements and criteria are met.

We have started reforming these tiers. We are creating an exceptional talent route in tier 1. This will allow competent bodies to nominate the most exceptionally talented migrants and allow promising young talent to come to the UK for at least three years without the need of a job offer, although many will have one. This will be limited to 1,000 places, with half for the scientific community, led by the Royal Society. The main route for academic and research staff will be under tier 2, subject to the limit that we announced last November. If this is oversubscribed, applications will be ranked, with applications weighted for those coming to fill PhD-level research jobs. In addition, we are raising the minimum skills level, which will reduce numbers at the lower end, creating more room for the most economically valuable. Through these changes we shall attract the brightest and best, as mentioned by my noble friend Lady Brinton. It is not about closing our doors; it is about a more selective approach in the interests of Britain.

Then there is tier 5, which provides for temporary workers. This tier has a category specifically for artists and performers coming here for shorter periods of up to a year: the creative and sporting category. Most foreign creative artists and performers are likely to be entering through tier 5 if their purpose here is short-term, paid work. For academic activities, the tier 5 government-authorised exchange category provides for a rich variety of schemes involving academic exchange. These include the Chevening programme for scholars and researchers; the Commonwealth exchange programme for teachers; the International Association for the Exchange of Students for Technical Experience scheme, enabling foreign science, engineering and applied arts graduates to gain experience through work placements; and the UK-India education and research initiative. There are several other such schemes that support and nourish academic endeavour.

Some believe that the PBS prevents the entry of legitimate overseas artists or academics. We do not accept that view, nor are we aware of evidence to suggest that it is well founded. The creative and academic sectors have been closely engaged through system development and now via the arts and entertainment task force and the joint education task force. Significant changes have been made to the advantage of these sectors. Moreover, the entry possibilities are not limited to the points-based system. The entertainer visitor route mentioned by my noble friend Lord Clement-Jones allows entertainers to come—

[Lord Clement-Jones]

My Lords, I am grateful to the Minister for giving way. We are somewhat flabbergasted by his statement that there is no evidence, as he has heard evidence from all round the Chamber today. Has the task force’s report been published?

[Earl Attlee]

I should rephrase that and say that I am advised that that is the case. The noble Lord may find the remarks that I shall make later more to his liking.

I was talking about the entertainer visitor route, which allows entertainers to come here for up to six months without doing so under the PBS. This route is principally used to facilitate those performing at cultural festivals. An academic visitor route enables foreign academics to conduct personal research or participate in formal academic exchange. Exceptionally, in comparison to all other visitor routes, such academics may come for 12 months.

An important indicator that the system does not obstruct is the simple fact that significant numbers of visas are applied for and issued every month to those coming here under these routes. For example, in 2009 an average of around 500 visas a month were issued to creative and sporting applicants and in 2010 that increased by 30 per cent to an average of 650 a month.

The noble Earl, Lord Clancarty, and other noble Lords referred to several individual cases, on which I am not in a position to comment. Noble Lords should write to me to enable the cases to be reviewed by Ministers as part of the machinery of government, which I am sure all noble Lords understand. However, I do not object to noble Lords quoting cases to illustrate the problem as they perceive it.

The noble Lord, Lord Rosser, in his good Front-Bench contribution, asked what would happen if the cap were breached after nine months. It will not be, as our limit will be split on a monthly basis and we will have about 1,500 places per month. It will not run out early. Many noble Lords said that the cap was arbitrary. However, we were advised by the independent Migration Advisory Committee, which is the right body to advise on this. The MAC is an independent committee comprising some of the UK’s top labour market economists. It advises the Government on economic migration matters, including the level of the Government’s limit on tiers 1 and 2, shortage occupations—jobs for which there is an endemic national shortage—and other matters put forward by my right honourable friend the Home Secretary.

The noble Earl, Lord Clancarty, suggested that sponsors are unhappy with reporting on their migrants and having a surveillance role, as I think he put it. The points-based system is based on the principle that those who benefit from migration to the UK should take some responsibility for ensuring that the system works properly and is not abused. We do not believe that this is unreasonable. We do not think that it is unreasonable for highly trusted sponsors and universities to have to report that a foreign student has failed to enrol, has dropped out or is otherwise on an unauthorised absence. After all, we know that the student route has been severely abused. The noble Earl also suggested that the UKBA should develop an entertainer and festival route.

[Lord Clement-Jones]

My Lords, I am sorry to interrupt the Minister again, but is he aware that the level of abuse in the university sector is 2 per cent?

[Earl Attlee]

Absolutely, that is why we have the highly trusted sponsor system, which most universities will be signed up to. The real abuse occurs in the fake language schools and accountancy schools.

I was talking about the festival visa routes. Specific proposals can always be considered, but the present visa is intentionally narrow and is not intended to provide an alternative route for entertainers who are coming here to do paid work. The noble Earl asked about modifying the certificate of sponsorship scheme to help smaller organisations to invite artists to the UK. It is not accepted that the system of PBS sponsorship represents a bureaucracy that is particularly acute for small organisations. The online process for a sponsor licence should take approximately 30 minutes to complete.

The noble Baroness, Lady Brinton, said that there ought to be an urgent review of the system. I suggest that she considers the praise that the Home Office received when our tier 2 policy was announced. The CBI and British Chambers of Commerce praised the Government for listening. The Campaign for Science and Engineering, a good adviser to the Home Office, expressed its delight.

The noble Lord, Lord Parekh, suggested that many in the social sciences, philosophy and so on do not earn £40,000. I fear that there might be a misunderstanding. The £40,000 requirement will apply to intracompany transfers for periods of more than 12 months. A scientist or philosopher will enter generally through tier 2. Here they must be paid at least £20,000 per annum, and if they are not earning £20,000 per annum it is not clear to me how they will support themselves.

I am running out of time. The noble Lord, Lord Clement-Jones, described how some customers must travel long distances to submit their visa applications. The UKBA keeps this matter under constant review and is looking at ways to provide a facility to make it easier in some areas for customers to provide their biometric details.

The noble Lord asked about a survey of PBS applicants. The results of the survey he mentioned were published and I will write to him with the details. In brief, the majority of applicants found the applications easy to complete and that the decisions were received in a timely manner.

The noble Lord suggested that the points-based system is designed to manage long-term migration and that applying the same system to short-term cultural visits was inappropriate. The assertion that the points-based system is designed to manage only long-term migration is not correct. While economic migration was the focus, the clear intention when the system was introduced was that it should cover all routes by which foreign nationals enter the UK to work, train or study.

The noble Baroness, Lady Brinton, suggested that additional pressure was put on tier 2 when we closed tier 1 general. I disagree. Tier 2 will become a graduate occupation route from 6 April. Tightening the route in this way will release pressure.

My noble friend Lord Bridgeman asked whether the position of nurses had changed as a result of the Migration Advisory Committee's announcement of 3 March. There is no change. The Government have neither accepted nor rejected the MAC’s shortage occupation list. He mentioned the cost of registration with the NMC, of the ONP course and of the international English language test, and suggested that the overall cost would be about £2,000. The UK Border Agency has no control over the cost of registering with the NMC, or over the ONP cost. My noble friend spoke about the cost of the English language test in relation to Australia, New Zealand and Canada. This is not an issue because these countries are English-speaking and we do not expect English nationals to pass this exam.

The noble Baroness, Lady Kennedy of The Shaws, made a very strong contribution on the university sector. In particular, she suggested that our system of immigration is making it less attractive to study here. The Government have been clear that high-quality students will continue to be welcome in the UK. I recognise the particular issues around foundation courses. These were considered in detail when we consulted on student policy, and we will announce that policy in due course.

I have completely run out of time. I have left many points unanswered. I will of course write to all noble Lords who have taken part. I will also draw to the attention of my right honourable friend the Secretary of State the strength of feeling in your Lordships' House. However, the Government will regain control of our immigration system.