PCG, which represents the UK’s freelancers and contractors, is launching a campaign to gather evidence on abuses to Tier 2 of the new Points-Based System (PBS) of immigration. This follows a number of reports of abuse, particularly regarding lower cost workers on Intra Company Transfer (ICT) work permits being used to replace contractors, especially in the IT industry. We need your help to take evidence of abuse to the government.

You can submit evidence of abuse, simply send us your experiences, or attend our workshop in ICT abuse, taking place in London on the 29th January

What is this all about?

• Increasingly in the IT sector, contractors are finding their contracts terminated, and whole departments or projects being offshored.
• Contractors are finding themselves being replaced with cheaper migrant labour by large firms seeking to bend the rules on work permits.
• Instead of using the system to bring in “specialist skills” as intended, contractors are finding themselves replaced on cost grounds alone.
• Other rules, on minimum salaries, and on advertising of jobs may also be being breached – we want to find out the scale of the problem

PCG is calling for “serious reform” of the immigration system that has given rise to these problems, particularly with regard to the use of ‘intra company transfer’ (ICT) work permits. Such permits are being exploited as big companies use them to bring in hundreds of non-EEA (European Economic Area) workers in “onshore offshoring” practices. By collecting evidence as to how this system is being abused, and as to how the system is displacing UK contractors, we hope to present a compelling case to Government to tighten up the rules.

What is the problem?

The current ICT system is being exploited

• Most work permits require a “sponsor firm” to prove that a UK worker cannot be found to satisfy the post they are seeking to fill.
• No such requirement exists for ‘intra company transfer’ (ICT) permits, however.
• These permits were originally intended for multinationals to transfer staff such as CEOs with specialist or company-specific knowledge on a temporary basis.
• Instead they are exploited as an easy option for big firms to bring in cheaper foreign workers, often as preparation for future offshoring activities. This is especially true in the IT industry, where the vast majority of ICT permits are granted.
• We want to know if you or anyone you know has been explicitly replaced on cost grounds by ICT workers. Whilst not against the rules per se, any evidence of this occurring will help us make a case to the Migration Advisory Committee, the body which makes recommendations to Government on immigration policy.
  
  

Minimum salaries for ICT workers are abused

• All skilled workers brought in to the country from outside the European Economic Area (EEA) must be paid a salary at a specified minimum level depending on the job they do. For example, Systems Analysts brought in to the country must be paid a minimum of £31,200.
• In some cases this may not be happening. This might be because of unusual pay structures being used, for example, by taking allowances for accommodation.
• If you are able to provide any evidence of this happening, please send it in to This e-mail address is being protected from spambots. You need JavaScript enabled to view it , giving a much evidence as possible
  
  

The rules around job advertisements are abused

• For non-ICT migrants, hirers have to demonstrate that no UK worker was available to fill the post.
• To do this, the post must meet a number of conditions, known as the “Resident Labour Market Test”. This requires the firm to advertise the position for a minimum of two weeks in a number of specified locations, amongst other requirements.
• It may be the case that firms are posting the adverts, but at rates lower than that of the migrant they intend to engage, or simply well below the specified market rate.
• In some cases, firms may ask for an unreasonably broad range of skills or experience, in an effort to dissuade applicants

What should I send you?

If you see a job on a recruitment website, on Jobcentre Plus, or elsewhere for what seems an unreasonably low salary OR asking for an unreasonable range of skills:

Take a screenshot, and compare the salary with the minimum salary requirement in this list. If these do not match, send the evidence as a screenshot to PCG. Do not send links as these can expire.

• If you suspect ICTs at your client are being paid below market rate OR
• If you think an unskilled position is being filled by an ICT worker:

Send PCG the evidence with details of their salary and exact job title or role if possible. We will not be able to act on circumstantial evidence, so the more detail you are able to provide the better.

• If you have been threatened with replacement by an ICT if you do not accept a very low or below market rate:

Supply us with any written evidence you have, plus any further details.

• If you have applied, and been rejected for, a post which you suspect has been advertised solely as a “box-ticking” exercise to meet the rules, where it appears the relevant client had no intention of hiring a UK or EEA (European Economic Area) worker.

Send PCG the evidence with details of the salary and exact job title or role if possible. Send a copy of the advertisement, ideally as a screenshot, if possible. (Sending us the link alone is not enough, as it can expire or be amended.)

What else have you been doing on the subject?

• PCG sits on the Migration Advisory Committee’s (MAC) Stakeholder Forum
• The Migration Advisory Committee is the official body which advises the Government on what its immigration policy should be. It does this in an evidence based manner.
• PCG has been meeting with the MAC to discuss the ICT issue and has presented evidence to persuade them the rules should be changed.
• The rules on ICTs and indeed the entire skilled workers work permits system is under review by the MAC, who are calling for submissions to support any changes.
• They are strongly considering severely tightening the rules, to make applying for an ICT permit harder.
• PCG recommends rigorously enforcing the “Resident Labour Market Test” on all routes, including ICTs.
• PCG has a seat on the IT sector skills council, e skills, and has also met with academics and economists to present the best possible case to the MAC.

What else can I do?

• PCG is holding a workshop on ICT abuse, on the 29th January 2010, in the City of London
  
• This will run from 2pm - 5pm where the issue will be discussed in depth and PCG's future ICT campaign will be mapped out
• To register your interest in attending, email This e-mail address is being protected from spambots. You need JavaScript enabled to view it
  

What will happen to my submission?

Two things will happen to any evidence submitted

• Firstly, anonymised details may be used in any evidence submission to the Migration Advisory Committee, the body that makes policy proposals on work permits.
• Secondly, any blatant breaches of the rules may be passed on to the UK Borders Agency for further investigation
• All responses will be treated as confidential unless we contact you to request otherwise.
  

SUBMISSIONS SHOULD BE SENT TO This e-mail address is being protected from spambots. You need JavaScript enabled to view it , WITH “ICTABUSE” IN THE SUBJECT LINE

We read everything you send us. However, due to the volume of email received a personal reply to your submission may not always be possible. Please rest assured all submissions are kept anonymous and feed in to PCG's campaign against ICT abuse. When emailing, state whether you are happy for any part of your submission to made public or to be sent on to the UK Borders Agency.