The UK Border Agency has announced that the rules for settlement may change on 6th April 2011, subject to parliamentary scrutiny. The current settlement criteria will be tightened to reflect the below changes:
Criminality Threshold- The introduction of this would mean that all Applicants must be clear of unspent convictions when an application for settlement is made
Income Requirement- This will apply to all Tier 1 (General) applicants and they will need to satisfy the income requirement that applied to them when a previous extension application was made. Those under Tier 2 (General) or Tier 2 (Intra company transfer) and those who held work permits must be paid the relevant rate as stated in the codes of practice.
Tier 2 (General) and Tier 2 (Intra company transfer)- Codes of Practice
o The minimum skill level for all jobs under Tier 2 category is Level 3 of National or Scottish Vocational Qualification (NWQ or SVQ). This remains so until 5th April 2011. Although the codes of practice for this will be updated in the near future, it is advised to continue using the 2010/2011 codes of practice.
o However, as of 6 April 2011 any jobs undertaken by migrants who are applying to Tier 2 from abroad, or those applying to switch into Tier 2 from a different immigration category, are required to be at graduate level or above.
English Language Requirement- This change applies to Applicants under Tier 1, Tier 2 and the predecessor routes will be required to pass the Life in the UK test instead of the ESOL with citizenship course.
o The following categories will be required, under the proposed changes, to complete a knowledge of life in the UK test
o Outside the points-based system
§ Work permit
§ Highly skilled migrant programme
§ Representatives of overseas newspapers, news agencies and broadcasting organistaions
§ Sole representatives
§ Private servants in diplomatic households
§ Domestic workers in private households
§ Overseas government employees
§ Minsters of religion, missionaries, members of religious orders
§ airport based operational ground staff of overseas owned airlines
§ UK Ancestry
§ Dependent spouses or civil partners of people in any of the above categories
o Those applying for Indefinite leave to remain under part 6 of the Immigration Rules
§ Persons intending to establish themselves in business
§ Innovators
§ persons intending to establish themselves in business under the provisions of the EC association agreements
§ investors
§ writers, composers and artists
§ Dependent spouses or civil partners of people in any of the above categories
o Points-based system categories
§ tier 1 (General) migrants
§ tier 1 (Entrepreneur) migrants
§ tier 1 (Investor) migrants
§ tier 2 migrants
§ Dependent spouses, civil partners, unmarried partners or same-sex partners of people in any of the above categories
§ dependent children of people in these categories aged 18 or over
o Other categories
§ persons exercising the rights of access to a child resident in the UK
§ spouses or civil partners of persons who have or have had leave in the UK as retired persons of independent means
§ long residence
§ spouse or civil partner of a settled person
§ unmarried or same-sex partners of a settled person.
o The following categories will not be required, under the proposed changes, to complete a knowledge of life in the UK test
• victims of domestic violence
• foreign and Commonwealth citizens on discharge from HM Forces, including Gurkhas
• Dependent spouses, civil partners, unmarried partners or same-sex partners of people in any of the above categories
• bereaved spouses, civil partners, unmarried partners or same-sex partners
• parents, grandparents and other dependent relatives of persons present and settled in the UK, even if they are aged between 18 and 64
• retired persons of independent means
• European nationals and their non-European Economic Area family members applying under the free movement of persons provisions. These people would need the knowledge of life requirement if they applied under the Immigration Rules.
• Turkish nationals applying under the EC association agreements
• Those applying following five years in the UK as refugee
• Those applying for indefinite leave following six years of discretionary leave
• Persons applying for indefinite leave following four years of exceptional leave
• Those applying for indefinite leave following three years of humanitarian protection
• All persons applying for indefinite leave outside the Immigration Rules
• Dependent children of people settled in the UK, even if they are aged 18 or over
o Dependent children of people in the following categories do not need to meet the knowledge of life requirement, even if they are aged 18 or over:
• work permit
• highly skilled migrant programme
• representatives of overseas newspapers, news agencies and broadcasting organisations
• sole representatives – this category was replaced by representatives of overseas
Accelerated route- This will be available for Applicants under Tier 1 (Investors and Tier 1 (Entrepreneurs), Applicants must however meet the required enhanced criteria.
The UK Border Agency state that they will publish the changed policy guidance for their staff members once the Immigration Rules change; this is currently awaiting Parliament’s approval.
Further details can be found on the statement of changes to the Immigration Rules (HC 863) which holds all details as to the changes due to take place on 6th April 2011.
16th March 2011
Notice: Temporary disruption to online tools for points based system
The UK Border Agency has announced that the points based online tools system will be temporarily disrupted between 18th February (Friday) and 19th February (Saturday) 2011.
Employers will not be able to use the sponsor management system or the online sponsor application at this time. Migrants will not be able to use the online eligibility calculator either.
New reforms for working visas to be in place
The UK Government yesterday announced more changes that will take effect as of 6th April 2011 for workers outside the EU and for employers who wish to sponsor them.
Last year, the UK Border Agency announced that 20,700 visas would be made available under the Tier 2 visa route and that 1,000 visas would be made available under the new exceptional talent route. The Immigration Minister, Damian Green stated that the UK needs to attract the ‘best’ but not at the expense of workers in the UK. The non EU migrants will have to hold graduate level jobs, speak an intermediate level of English and meet certain salary requirements under the rules in order to qualify. The Government has already closed the Tier 1 route overseas and will be further limiting Tier 1 for in country applicants.
The New System
The new system divides up the allocation of sponsorship certificates into 12 months. So the annual limit of 20,700 will be divided up into 12 months. As the first month the scheme is introduced (April) is likely to attract more applications, the Government has allocated 4,200 certificates of sponsorships. Thereafter, the Government has allocated 1,500 places per month. Where places are not used, this will be rolled over to the next month. Where there are more demands for allocations then available, the Government will rank those jobs according to whether they are listed on the shortage occupation list, if they are scientific researchers or those with a higher salary.
Basically, employers will be expected to apply to the UK Border Agency for a sponsorship certificate for a specific post. At present, the current system provides businesses with an annual allocation. Once a certificate of sponsorship is given to an employer, it must be assigned to the employee within three months.
The Immigration Minister also warned that the route to settlement will become more difficult and more changes are expected in this respect in the near future. The aim is to reduce net migration to the levels of those in the 1990s’s.
Intra Company Transfer Changes
Further changes will be made under the Tier 2, intra company transfers route. There will be a graduate occupation list which the job must be in. Also, only those earnings £40,000 or above will be able to extend their leave beyond one year. If they earn over £40,000, they will be granted leave to remain for a further 3 years and therefore, a possible extension of leave to remain for two years. Those who earn between £24,000 and £40,000 will not be able to extend their leave beyond 12 months.
The new changes have not yet come into force and must be scrutinised by Parliament first before they can become ‘rule’. Once (and if) Parliament approve them, they will come into force. The UK border agency has sought to clarify the changes in advance so that migrants and employers can make the necessary arrangements.
At Ergen & Sharif, we will continue to update our site with any new changes.
17th February 2011
New interim limits set for Tier 2 General
Following a court judgment on 17th December 210, the Government has set a limit until 5th April 2011 for the amount of sponsorship certificates that can be issued to licensed sponsors under the Tier 2 General scheme. The maximum certificates that can be issued is 10, 832.
22nd December 2010
An announcement has been made by the UK Border Agency following the declaration of refined criteria that is set to apply to Tier 2 (General) Sponsor’s requesting extra certificates of sponsorship.
It is said that the criteria has been further developed in order to provide sponsors with more certainty, this will take effect in form of ensuring that all the requests are approved if the request is relevant to an extension for a work permit holder or a Tier 2 (General) worker that is already an employee of the sponsor.
Furthermore, the UK Border Agency claim that this refined criteria will be useful in assisting them to meet the apparent ongoing recruitment needs of sponsors as well as controlling the overall limit that was introduced in July 2010 for applications under Tier 2 (General) of the points-based system.
Currently any request for an additional certificate of sponsorship undergoes a consideration by a UK Border Agency panel that have regular meetings on the first working days of each month. However, it is noted that as a result of the introduction of the new refined criteria, the panel has been delayed and thus for the month of November they will not sit until 12 November 2010. For the UK Border Agency to be able to collect further information from sponsors who have submitted a COS (AR) request form, prior to the November panel, it is seen that this delay is essential.
It is notable that should further information be required from sponsors the UK Border Agency will be contacting sponsors with a detailed letter listing the information required.
The UK Border Agency state that all urgent cases will be considered outside the monthly panel. This will be applicable in cases where the sponsor’s application cannot be delayed until the 12 November; an example would be if an existing employee’s visa is due to expire before November 19, 2010.
1st November 2010.
New rules for Tier 1 and Tier 2 of the Points based System
The Government will be implementing new rules as of 6th of April for the Tier 1 and Tier 2 categories of the points based system. These rules were suggested by the Migration Advisory Committee and are intended to provide a simpler route without the need for a Master’s qualification for highly skilled Migrants.
Changes to the Tier 2 (Skilled workers with a job offer) include greater flexibility for short term transfers by multinational Companies and more protection against filling such vacancies that should go to resident workers.
21st March 2010
The UK Border Agency has announced that from January 2010, skilled foreign workers under Tier 2 of the points-based system will be issued with identity cards.
The UK Border Ageny has also annoucned that from October, foreign nationals who are being issued with identity cards will be given the choice of providing their fingerprints and photograph at one of the participating Crown post offices (for a fee of £8) or at one of the UK Border Agency or Identity & Passport Service Offices currently included within the scheme (which will remain free).
01.10.2009