Policies and procedures relating to Tiers 2 & 5 of the Points Based System.

Summary

An advocate's firm requested internal policies and procedures regarding Tier 2 and 5 Points Based System sponsorship applications, but the Department for Enterprise stated it holds no such internal documents beyond those already publicly available.

Key Facts

• The Department holds no internal policies or procedures for processing Tier 2 and 5 applications other than those already published online.
• The request was partially exempt under Section 20 of the Freedom of Information Act 2015 as the information is accessible by other means.
• The Department has never received an application for the waiver of prescribed requirements.
• Processing guidance relies on UK government documents and the Isle of Man Immigration Rules.
• The applicant is an incorporated legal practice seeking information to advise clients on sponsorship terms.

Data Disclosed

• 2017-02-08
• 2017-03-07
• IM772831
• 31/01/2014
• Tier 2
• Tier 5
• Section 20
• Section 15
• 2016

Exemptions Cited

• Section 20 of the Freedom of Information Act 2015 (information accessible to applicant by other means)

Data Tables (1)

Full Response Text

Department of Economic Development Rheynn Lhiasaghey Tarmaynagh

Work Permit Office Department of Economic Development Nivison House Prospect Hill Douglas IM1 1ET

7 March 2017

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”) - REFERENCE NUMBER: IM772831

Dear

Thank you for your Freedom of Information request dated 8th February 2017.

Your request You asked for: “Any and all information relating to policies and procedures employed in relation to the processing of applications made to the Department for the issue of Sponsorship Licences and Certificates of Sponsorship under Tiers 2 and 5 of the Points Based System (PBS) provided for by the Isle of Man Immigration Rules, including (without limitation) any and all policies and procedures relating to: 1.1 the handling and determination of such applications; 1.2 applications for the waiver of any prescribed requirements in relation to such applications; 1.3 the sharing of information with other government departments and agencies of the Isle of Man Government; 1.4 the sharing of information (if any) with UK Visas and Immigration and other government departments and agencies of the United Kingdom government; 1.5 the criteria pursuant to which a sponsor may be downgraded from class “A” to class “B”, or upgraded from class “B” to class “A”; 1.6 internal guidance to officers of the Department as to the statutory force (if any) of the licensing regime; and 1.7 benchmarks and targets in relation to the processing of applications. Further, an updated register of licensed PBS sponsors is requested, the current list appearing on the Isle of Man Government website at https://www.gov.im/categories/working-in-the-isle-of-man/non- european-economic-area-workers/ being dated 31/01/2014.

This request excludes: 2.1 information contained in the guidance documents to which links are contained on the Isle of Man Government website at https://www.gov.im/categories/working-in-the-isle-of-man/non- european-economic-area-workers/;

2.2 information relating to any individual application for a Sponsorship Licence or a Certificate of Sponsorship, other than the name of all licensed sponsors.

Page 2 of 4

The applicant is an advocates’ incorporated legal practice and seeks disclosure of the information in order better to advise its clients as to the terms and conditions upon which Sponsorship Licences and Certificates of Sponsorship may be issued by the Department.”

Response to your request Other than those already publicly available the Department holds no policies and procedures relating to the processing of applications for the issue of Sponsorship Licences and Certificates of Sponsorship (CoS) under Tiers 2 and 5 of the Points Based System. Under section 20 of the Freedom of Information Act 2015 (“information accessible to applicant by other means”) the information is therefore absolutely exempt. However given the duty under section 15 of the Act to provide advice and assistance I set out below background details relating to the policies and procedures and where they can be found online. In relation to the specific issues highlighted in your request: “the handling and determination of such applications” In considering the handling and determination of licence applications we are guided by the information which is available on the Non-European Economic Area Workers page here: https://www.gov.im/categories/working-in-the-isle-of-man/non-european-economic-area-workers/, though I note that the information on this page is excluded from your request. In the case of CoS requests, in addition to the information which is available on the webpage above: The questions that are asked by the Department when requested to release a CoS are taken from: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/477808/Tier_25_- _create__CoS_11_15v1_0.pdf In determining whether the Standard Occupational Classification (SOC) code identified by the sponsor is likely to be appropriate, we are guided by the Immigration Rules: https://www.gov.im/media/1345927/immigration-rules-statement-of-changes.pdf (starting on page 358). In the case of considering an application for a CoS (specifically the consideration of job descriptions and SOC codes) we may occasionally refer for best practice to: https://www.gov.uk/government/publications/sponsorship-codes-of-practice-for-skilled-workers
The appropriate applications fees are determined are by the Immigration and Nationality (Fees) Regulations 2016: https://www.gov.im/media/1350992/immigration-and-nationality-fees-regulations-2016.pdf “applications for the waiver of any prescribed requirements in relation to such applications” We have never received an application for the waiver of a prescribed requirement. On occasion, we have determined that it would be reasonable in the case of a newly established sponsor to issue the licence prior to the receipt of an Employer’s Liability Insurance Certificate (where the sponsor technically has no employees at that point) on the understanding that no CoS will be issued until the Certificate has been supplied.

Page 3 of 4

“the sharing of information with other government departments and agencies of the Isle of Man Government” General information on the interpretation of both guidance and the Immigration Rules may be shared with the Passports, Immigration, and Nationality Office of Crown Division (within the Cabinet Office). However details of individual applications are not shared. Information concerning workers is not shared with Immigration (the Immigration Office receives much more detailed information concerning the worker when the Visa application is made). If the worker does not supply the e-mail CoS with their Visa application, confirmation of the CoS details is sought directly by the Department. Information relating to workers and national insurance is provided to DED by the Income Tax Division of the Treasury. This is provided for by Part 14 of the Income Tax Act 1970 which allows the Assessor of Income Tax to disclose information to an “Enforcing Authority”. DED is designated as an “enforcing authority” by the Income Tax (Disclosure of Information) (Enforcing Authority) Order 2015 (SD No. 2015/0356). “the sharing of information (if any) with UK Visas and Immigration and other government departments and agencies of the United Kingdom government” No information on specific applications has ever been shared with UK Visas and Immigration (or its predecessors) although occasionally views as to best practice have been sought by the Department. “the criteria pursuant to which a sponsor may be downgraded from class “A” to class “B”, or upgraded from class “B” to class “A”” The criteria are set out in the guidance on the Non-European Economic Area Workers webpage referred to above. “internal guidance to officers of the Department as to the statutory force (if any) of the licensing regime” There is no internal guidance on the statutory force of the licensing regime. “benchmarks and targets in relation to the processing of applications” There are no benchmarks and targets in relation to the processing of these applications. However in January 2017, licences were issued in an average of 3 working days after receipt of application, and CoS issued an average of 3.25 days after receipt of application “Further, an updated register of licensed PBS sponsors is requested, the current list appearing on the Isle of Man Government website at https://www.gov.im/categories/working-in-the-isle-of- man/non-european-economic-area-workers/ being dated 31/01/2014” An updated register has now been published at the webpage referred to above. Thank you for bringing this to our attention.

Page 4 of 4

Your right to request a review If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically, available here: https://www.gov.im/about-the-government/freedom-of-information/freedom-of-information-review- request-january-1-2017/ Or by delivery/post to the following address: FOI Co-ordinator Department of Economic Development 1st Floor, St George's Court Upper Church Street Douglas Isle of Man IM1 1EX

A paper version of our complaint form can be found by going to our website. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.
If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1 Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act; or 2 Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your rights to review is on the Information Commissioner’s website at: https://www.inforights.im/ Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about Freedom of Information requests can be found at: https://www.gov.im/about-the-government/freedom-of-information/