Immigration News

Proposed changes to UK Immigration Rules have today, Thursday 15^th March 2012, been put before Parliament via a written ministerial statement.  Many of the changes are likely to be implemented from the 6^th April 2012, however, some of the changes to the Tier 2 category are likely to affect those granted leave after 6^th April 2011.

The key changes will include:

Migrants under the Points Based System

Tier 1 – High Value Migrants

• The Tier 1 Post Study Work route will be closed
• A new Tier 1 category known as the Graduate Entrepreneur route will be introduced
• The introduction of new provisions for switching from Tier 1 (Graduate Entrepreneur)  or Tier 1 (Post Study Work) into Tier 1 (Entrepreneur)
• There will be a renewing of the 1000 place limit for Tier 1 (Exceptional Talent Category) for each of the next 2 years

Tier 2 – Skilled Workers

• There will be a limit applied to the total amount of temporary leave that may be given to a Tier 2 migrant. This will be set at 6 years and will apply to people who entered the UK after the 6^th April 2011
• A new minimum income threshold of £35,000 (or the appropriate rate for the job) will be introduced to Tier 2 General and Sportsperson migrants who are looking to settle in the UK from April 2016. There will be exemptions for those who hold a PhD and those apply for jobs in shortage occupation categories
• A ‘cooling off period’ will be introduced across all Tier 2 routes. This means that Tier 2 migrants will have to wait for 12 months from the expiration date of any previous visa before being able to apply for another Tier 2 Visa
• New Post Study arrangements for graduates switching to Tier 2 will be introduced

Tier 4 – Students

The Tier 4 category will see the final enforcement of changes to the Student Visa System which were first brought to light in March 2011 and include:

• The extension of the interim limit for sponsors that have applied for educational oversight and Highly Trusted Sponsor status and have not yet been assessed
• Limits will be introduced on the amount of time that can be spent studying at degree level
• Work placement restrictions will be lightened

Tier 5 – Temporary Workers

• Limits will be placed on the length of time that temporary workers can stay in the UK, under certain Government Authorised Exchange schemes, to a maximum of 12 months The schemes that will be affected are intern, work experience and youth exchange programme types
• Those who enter the UK under the Tier 5 creative and sporting sub-category will be granted permission to undertake guest sports broadcasting work where they’re not occupying a permanent position

Changes across all Tiers of the Points Based System

• Curtailment will become mandatory where a migrant under Tiers 2, 4 or 5 of the Points Based System has failed to begin or ceased their work or study with their sponsor. This includes cases where a sponsor notifies the necessary authorities that a migrant is no longer meeting the criteria of their Visa
• The curtailment threshold will be reduced (the level of leave a person has which means curtailment would not normally be pursued) from 6 months to 60 days
• There will be an increase in the funds that applicants will need to provide evidence of

Visitors

• New visitor routes will grant small groups of artists, professionals, entertainers and sports people who are invited to come to the UK to carry out short term, fee paid engagements for up to one month

Overseas Domestic Workers

• All overseas domestic workers (ODW) will be restricted to working for the employer with whom they entered the UK, or whom they came to join
• The right for ODW migrants to apply for UK settlement will be removed
• Strengthening the requirement for the employer of an ODW to provide evidence of an existing employer relationship and introducing a requirement for agreed, written terms and conditions of employment to be produced, as part of the application for entry clearance
• Permitting all ODWs who have applied for leave to enter or remain on or before 5 April 2012, to continue to be treated under Immigration Rules in place on that date
• Restricting ODWs in private households to work for an employer who is a visitor to the UK. Permission to stay in the UK will be limited to a maximum of 6 months or the period of the employer’s stay whichever is shorter. Removing the current provision for ODWs to be accompanied by dependants
• Permitting ODWs in diplomatic households to apply to extend their stay for 12 months at a time up to a maximum of 5 years, or the length of the diplomat’s posting, whichever is shorter

Sponsors

• A premium customer service for A-rated sponsors in Tier 2 and 5 will be introduced and they can apply and pay for a variety of privileges. This service will be launched in 2012-2013 financial year

As well as the above changes, the government also looks set to make changes to the extension of leave to remain.