A/HRC/14/30/Add.3 22. The United Kingdom developed in 2002 the Highly Skilled Migrant Programme, which was replaced in 2009 by the highly skilled worker tier on the basis of a points system described in paragraph 26. In 2004, it developed a workers registration scheme for A8 workers, who are thereby required to register (and pay a one-time registration fee of £90) with the Home Office within one month of taking up employment. 23. Since July 2006, steps have been taken to replace the existing immigration laws with a single simplified or consolidated law. In this regard, consultations began in 200728 and stand-alone changes to the current system were introduced in July 2009 with the adoption of the Borders, Citizenship and Immigration Act 2009. 24. The new act allows for certain functions to be transferred from Her Majesty’s Revenue and Customs Office to UKBA. It also amends several provisions, such as the British Nationality Act 1981 provisions relating to naturalization as a British citizen, children of foreign and Commonwealth members of the Armed Forces and the registration as British citizens of children born abroad to British mothers before 7 February 1961. It also introduces powers to control all those arriving in the United Kingdom from another part of the Common Travel Area,29 establishes restrictions on studying in the United Kingdom, introduces powers to take fingerprints and detain at ports in Scotland, allows judicial review applications in immigration and nationality cases to be heard by the new Upper Tribunal and introduces a new duty for UKBA to safeguard the welfare of children. Although this law complements legislation currently in force, the main goal is to adopt a full simplified or consolidated bill and a framework for immigration rules in the near future. 25. A five-year asylum and immigration strategy was developed between 2005 and 2006 to: strengthen border control; fast-track asylum decisions; enforce compliance with immigration laws; boost the economy by bringing skills in demand from around the world; and ensure legal entry to the country.30 26. The strategy sets forth five expected accomplishments, which the Special Rapporteur considers punitive rather than protective: (a) to strengthen the use of intelligence and risk assessment to target the people, routes and places with a view to increasing scrutiny of those who will enter the United Kingdom; (b) to manage the identity of foreign nationals through a secure, unique identification to help manage migration and reduce unauthorized work; (c) to implement cross-government enforcement action; (d) to enhance the system of fast removal of third-country nationals; and (e) to improve the management of asylum-seekers to cope with the workload relating to the large numbers of applications. UKBA also established a three-pronged business plan (2009–2012) 27. The points-based system, based on a set of criteria aimed at meeting workforce specific needs, was introduced in 2008. This system, also known as the “five-tier immigration system”, applies to five categories of migrants, each of which has a different set of conditions, entitlements and entry clearance checks: tier 1 is for highly skilled individuals; tier 2 for skilled workers with a job offer; tier 3 for low-skilled workers needed to fill temporary labour shortages (suspended indefinitely); tier 4 for students and tier 5 for temporary workers and young people covered by a youth mobility scheme. For each category, applicants need to score a certain number of points to be allowed to enter or stay in the country. 28 29 30 8 See Home Office, “Simplifying Immigration Law: an initial consultation”, June 2007. The Common Travel Area is an immigration arrangement that creates a “free-movement” (passportfree) area comprising the United Kingdom, the Republic of Ireland, the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man. Home Office, “Fair, effective, transparent and trusted: rebuilding confidence in our immigration system”, July 2006. GE.10-12095

Select target paragraph3