New rules to work in Britain

LONDON: Malaysian professionals must possess a British degree and speak good English under new rules to work in Britain, effective Dec 5.

The move will affect mostly doctors, lawyers, accountants, engineers and entrepreneurs under the Highly Skilled Migrant Programme (HSMP).

Westminster City Council Chinese Liaison Officer David Tan said the revised regulations would supersede the old criteria which was scrapped on Nov 7.

Until then, all decision-making on cases in this category has been suspended, he said in response to Malaysians showing an increasing interest in applying to work in Britain under the HSMP.

Tan said the decision was made during his recent meeting with British Home Office officials where they discussed several measures to restrict the number of non-European Economic Area nationals coming to Britain.

With more than 100,000 Romanians and Bulgarians expected to flood into Britain next year apart from the estimated 200,000 Poles already in the country, the British government is increasingly tightening its regulations in a bid to check the massive flow of immigrants.

Tan said, however, HSMP applications received up to Nov 7 would still be dealt with and considered against the old criteria.

Furthermore, anyone already in receipt of the HSMP approval letter could still apply for entry clearance at a visa post for up to six months from the letter's issuance date.

He said in the past, HSMP applicants could still be entertained if they had university degrees from outside Britain.

“But now, you’ve got to have a British degree or MBA from a designated institution such as those from the United States or Germany,” he added.

Tan said there was also a mandatory English language requirement, where applicants need to have an International English Language Teaching System certificate.

“You must be able to speak English properly before you can practice as a doctor, dentist, accountant or lawyer,” he said.

Tan said the redesigned HSMP scheme would be the first part of a five-tiered points based system for all future migration routes to Britain to work or to study.

The full system, scheduled to be in place by April 2009, covers five tiers.

Tier One is for highly skilled individuals who contribute to growth and productivity; Tier Two for skilled workers with a job offer and workers to meet specific overseas requirements; Tier Three is for limited number of workers to fill low-skill shortages; Tier Four for students aimed at improving British education and research and Tier Five covering temporary categories such as visiting workers, selected development schemes and youth mobility/cultural exchange programmes.

Tan advised Malaysian chefs or those in the catering and food businesses who planned to work in Britain under Tier Two to submit their applications well before April 2009.

“My message is simple, you have up to two years' grace to find a potential employer in Britain who can sponsor and apply for a work permit for you under the present rules,” he said.

He feared the new earnings rule would effectively exclude potential applicants as it might require them to have a minimum starting salary of £18,000 (RM122,000) per year in their home country.

In an average Malaysian restaurant, no matter how skilled or experienced the chef is, I doubt many are able to command that level of pay, he said.

He said even top chefs working in five-star hotels in Malaysia would probably earn only RM4,000 or RM5,000 a month.

Tan said the tough work permit rules would have a huge impact on British restaurant and food scene, as fewer successful entrants would cause a staff shortage as more earlier generation of chefs retire or give up for health or family reasons.

“Under the new system, unless you can demonstrate a very high level of skills, plus academic qualifications which will serve to benefit Britain in the long term, you are unlikely to get anywhere,” he added.