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Theresa May's 'arbitrary' visa scheme denies entry to thousands of foreign doctors, engineers and scientists with UK job offers

Cap leaves ‘employers frustrated and the public poorly served’, experts say

Tom Embury-Dennis

Wednesday 16 May 2018 19:43 BST

Theresa May introduced limits on Tier 2 visas in 2011 while home secretary (EPA)

Thousands of skilled foreign workers with job offers in the UK were denied entry due to Theresa May’s “arbitrary” visa scheme, it has been revealed.

More than 6,000 visa applications from professionals including scientists, IT specialists and doctors were refused over a period of just four months between December and March.

The refusals were the result of an annual limit of 20,700 so-called Tier 2 visas introduced in 2011 while Ms May was home secretary.

It is understood the limit had been breached only once before, in 2015, when 66 engineering roles were turned down.

The Campaign for Science and Engineering (CaSE), which obtained the figures from a Freedom of Information request to the Home Office, said the “arbitrary” cap was leaving thousands of vital roles unfilled and damaging productivity, public services, business confidence and the UK’s international reputation.

The figures emerged as the House of Commons Science and Technology Committee announced plans to develop its own proposals for new immigration rules for scientists after Brexit.

Among the 6,080 refusals over the four-month period, 1,518 related to doctor posts and 361 to other healthcare professional roles, 1,226 to jobs in IT and technology, 392 engineering roles, 197 teachers, 1,814 professional services and 572 to other professions.

Sajid Javid opposes 'hostile environment' approach to UK immigration opting instead for a 'compliant environment'

It is possible that some of the refusals related to the same individuals, as employers are able to resubmit applications each month.

CaSE executive director Sarah Main said: “These figures show the scale of the problem and the urgency to find a solution.

“Across the country, businesses and public services are being blocked at the last hurdle from recruiting the people they need, including in health, engineering and tech, due to the visa cap. This leaves employers frustrated and the public poorly served.”

CaSE has called on the government to exempt PhD-level roles and jobs on the shortage occupation list from the cap on Tier 2 visas.

Dr Main said: “The cap is beginning to cause damage and it needs to be addressed quickly. In the immediate term, shortage and PhD level roles should be made exempt from the cap. This would be in line with the priority already afforded to these roles and would create the headroom for other vital roles.

The biggest issues facing UK on leaving EU

Show all 8

1/8The biggest issues facing UK on leaving EU

The biggest issues facing UK on leaving EU

Post-Brexit immigration

workers sorting radishes on a production line at a farm in Norfolk. One possible post-Brexit immigration scheme could struggle to channel workers towards less attractive roles - while another may heighten the risk of labour exploitation, a new report warns.

PA

The biggest issues facing UK on leaving EU

Customs union

A key point in the negotiations remains Britain's access to, or withdrawal from, the EU customs union. Since the referendum there has been hot debate over the meaning of Brexit: would it entail a full withdrawal from the existing agreement, known as hard Brexit, or the soft version in which we would remain part of a common customs area for most goods, as Turkey does? No 10 has so far insisted that “Brexit means Brexit” and that Britain will be leaving the customs union, but may be inclined to change its position once the potential risks to the UK’s economic outlook become clearer.

Alamy

The biggest issues facing UK on leaving EU

Northern Ireland-Irish border

Though progress was made last year, there has still been no solid agreement on whether there should be a hard border between Northern Ireland and the Republic of Ireland. To ensure borderless travel on the island, the countries must be in regulatory alignment and therefore adhere to the same rules as the customs union. In December, the Conservative Party’s coalition partners, the DUP, refused a draft agreement that would place the UK/EU border in the Irish Sea due to its potential to undermine the union. May has promised that would not be the case and has suggested that a “specific solution” would need to be found.

Getty

The biggest issues facing UK on leaving EU

Transition period

Despite protests from a small number of Conservative MPs, the Government and the EU are largely in agreement that a transitional period is needed after Brexit. The talks, however, have reached an impasse. Though May has agreed that the UK will continue to contribute to the EU budget until 2021, the PM wants to be able to select which laws made during this time the UK will have to adhere to. Chief negotiator Michel Barnier has said the UK must adopt all of the laws passed during the transition, without any input from British ministers or MEPs.

EPA

The biggest issues facing UK on leaving EU

Rights of EU citizens living the UK

The Prime Minister has promised EU citizens already living in the UK the right to live and work here after Brexit, but the rights of those who arrive after Brexit day remains unclear. May insists that those who arrive during the transition period should not be allowed to stay, whereas the EU believe the cut-off point should be later.

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The biggest issues facing UK on leaving EU

Future trade agreement (with the EU)

Despite this being a key issue in negotiations, the Government has yet to lay out exactly what it wants from a trade deal with the EU. Infighting within the Cabinet has prevented a solid position from being reached, with some MPs content that "no deal is better than a bad deal" while others rally behind single market access. The EU has already confirmed that access to the single market would be impossible without the UK remaining in the customs union.

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The biggest issues facing UK on leaving EU

Future trade agreements (internationally)

The Government has already begun trying to woo foreign leaders into prospective trade agreements, with various high profile state visits to China, India and Canada for May, and the now infamous invitation to US President Donald Trump to visit London. However the UK cannot make trade agreements with another country while it is still a member of the EU, and the potential loss of trade with the world's major powers is a source of anxiety for the PM. The EU has said the UK cannot secure trade deals during the transition period.

EPA

The biggest issues facing UK on leaving EU

Financial services

Banks in the UK will be hit hard regardless of the Brexit outcome. The EU has refused to give British banks passporting rights to trade within the EU, dashing hopes of a special City deal. However according to new reports Germany has suggested allowing trade on the condition that the UK continues paying into the EU budget even after the transition period.

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“In the long term, an immigration system for a global Britain that supports research and innovation should not feature a cap on the international specialists we want to attract.”

Commons Science and Technology Committee chair Norman Lamb said the figures “send the message that the UK is not interested in welcoming science talent at the moment”.

He warned: “The government needs to work quickly to correct that impression.”

The Liberal Democrat former minister said it was “disappointing” the government appeared to assume scientists were happy to wait for next year’s immigration bill to find out what visa rules they would face after Brexit.

“We’re going to roll up our sleeves now and set out our proposals for an immigration system that works for the science and innovation sector,” he said.

The CaSE call for exemptions from the Tier 2 cap was backed by a number of professional bodies.

Institution of Chemical Engineers director Andy Furlong said: “The uncertainty brought about by arbitrary caps creates blockages in the talent pipeline, which stifle innovation, collaboration and productivity.”

Chief executive of the Institute of Physics and Engineering in Medicine, Rosemary Cook, added: “Tier 2 visas are essential to fill roles in the medical physics workforce, where up to 10 per cent of posts are regularly vacant, and are hard to fill from the UK where training commissions do not match demand.”

Peter Finegold, head of education at the Institution of Mechanical Engineers, said: “While political debate surrounding Brexit focuses on speculation around international trade agreements, our doctrinaire immigration policy appears to ignore the fact that our national economy will suffer most if we cannot recruit enough technically skilled workers to meet demand.”

British Medical Association council chair Chaand Nagpaul said: “At a time when the NHS is under enormous strain and struggling to fill positions, the current visa restrictions and arbitrary caps for non-EU workers entering the UK are inexplicable and threatening patient care and safety.”

A Home Office spokesperson said: “The government fully recognises the contribution that international professionals make to the UK. However, it is important that our immigration system works in the national interest, ensuring that employers look first to the UK resident labour market before recruiting from overseas.

“When demand exceeds the monthly available allocation of Tier 2 (general) places, priority is given to applicants filling a shortage of PhD-level occupations. No occupation on the Shortage Occupation List has been refused a place.”

Additional reporting by PA

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