spring 12 INSiGHT from Smith Stone Walters
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Image courtesy of UK Home Office
In a recent speech made by the Immigration Minister, the Government’s intention to create a selective immigration system was made clear. During his speech at the Policy Exchange, Damian Green said: “The main point I make today is that everyone who comes here must be selected to make a positive contribution. That is at the heart of our commitment to reduce net migration. We have talked in the past about a Points Based System; in the future it will be more accurate to talk about a ‘Contribution Based System’. Whether you come here to work, study or get married, we as a country are entitled to check that you will add to the quality of life in Britain.”
Most welcomed of all is the news that in these types of cases, employers will not be required to complete a resident labour market test and the jobs will not be subject to the annual limit on Tier 2 numbers.
Constant Theme The Government continues to maintain a vision of attracting just the ‘brightest and the best’ migrants. Whilst this rhetoric clearly gains support from the ordinary man on the street, such a policy should not become too exclusive. Since the introduction of the Tier 1 ‘Entrepreneur’ visa route last April, only a handful of overseas nationals have sought to gain entry via this particular visa category. The planned restrictions on residency and family admission will also deter or prevent migrants from making the UK their home. We therefore welcome the contrasting introduction of new provisions for graduates under Tier 2 (General) – see page 2 of this Insight. The Coalition would be wise to consider announcing other such policies to ensure UK businesses’ ability to employ talented skilled labour is not squeezed dry in the UK or abroad.
For advice in relation to all UK immigration matters, speak to Smith Stone Walters today.
Category
Existing level of funds required
New level of funds required
Tier 1 Migrants
£2,800 for entry clearance applications
£3,100 for entry clearance applications
Tier 2 Migrants and Tier 5 (Temporary Worker) Migrants
£800
£900
Tier 5 (Youth Mobility Scheme) Migrants
£1,600
£1,800
Dependants of Tier 1, 2 and 5 Migrants
£1,600 for dependants of Tier 1 Migrants who have been in the UK the UK for less than 12 months
£1,800 for dependants of Tier 1 Migrants who have been in for less than 12 months
£533 for all other applicants
£600 for all other applicants
The level of funds required for Tier 4 student applications are also set to increase. However, Tier 1 (Investor) and Tier 1 (Exceptional Talent) migrants and their dependants will continue to be exempt from the maintenance requirement.
lonDon 2012 Games – temPorarY HeatHroW terminal
Whilst Mr Green stated ‘top of the range’ professionals would be welcomed from overseas, he chose in his speech to state middle managers were not the type of migrant workers needed in the UK. As expected, a definition as to what constitutes a middle manager was not forthcoming. However, this does suggest a rise in the Tier 2 qualifying criteria is imminent as well as a greater emphasis being placed on employers justifying the recruitment of qualified overseas staff. In line with the recent consultation on employment-related settlement, Mr Green also advised that the system will become more selective by breaking the link between coming to work in the UK and staying on permanently. In the future, we can therefore expect UK settlement status only to be offered to the brightest and best by using pay as the key selection criteria. Revised UK settlement qualification criteria will include the need for the migrant to evidence being in receipt of a minimum salary level of £35,000 from 2016.
Since the introduction of the points-based system, migrants have needed to demonstrate they can support themselves by showing they hold prescribed amounts of maintenance funds. These amounts are set to change from April 2012 to the following:
Graduates with a Bachelor’s or Master’s degree, PhD, or a PGCE or a PGDE, from a UK recognised or listed body, shall be able to switch into Tier 2 (General) once they have been awarded their qualification. Normal Tier 2 requirements will of course apply (i.e. the candidate must hold an offer of a skilled job and be paid at least £20,000 or the minimum appropriate rate).
latest neWs
eDitorial
No More Middle Managers
spring 12 INSiGHT from Smith Stone Walters
maintenanCe reQuirements set to inCrease
With the imminent demise of the Tier 1 Post Study Work (PSW) visa route which shall no longer be available to overseas graduates from April 2012, the Home Office has introduced new provisions for graduates under Tier 2 (General).
The precise details of the selection criteria and policy of the new Contribution Based System is still being worked through. Nonetheless, in recent UK Border Agency led consultation exercises and in this speech, a clear message has been sent regarding the need for migrants to demonstrate financial independence. It is therefore clear that designated minimum salary levels will play a key part in determining whether:
In respect of spouses seeking to be reunited in the UK with their immediate family, a minimum salary requirement between £18,600 and £25,700 is likely to be set on the sponsor’s income. Considering recent Human Rights legal clashes, it takes a bold or foolish Government to now effectively decree that a lawful resident of this country is only entitled to live in the UK with his/her spouse so long as their income is above a certain level.
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WelComeD neWs! GraDuates to Benefit from tier 2 ConCession
moVe toWarD a seleCtiVe uK immiGration PoliCY
Family members (including spouses) are allowed to enter the UK Skilled workers will be able to acquire UK settlement following a period of residence.
spring 12 INSiGHT from Smith Stone Walters
latest neWs
01
neW Post stuDY entrePreneur Visa CateGorY A new visa program, the Tier 1 Post Study Entrepreneur Visa, has also been unveiled by the UKBA. This new application type shall allow 1000 foreign students with proven entrepreneurial flair to remain in the UK for up to two years following graduation in order to develop their business ideas. Students who have been identified as having developed world class innovative ideas or entrepreneurial skills will be able to apply for the new visa as long as they are sponsored by their Highly Trusted Sponsor (i.e. university) from which they graduated.
enGlisH lanGuaGe test ConCession to enD From 6 April 2012, Tier 1 (General), Tier 1 (Entrepreneur) and Tier 2 migrants will no longer be able to apply for permission to stay in the UK before they have taken or received the results of an English language test. Current policy permits migrants to make a visa application for leave to remain before they had taken an English language test or received the results. However, the UKBA now believe there to be sufficient English Language test availability to meet demand and migrants should now be able to take a test in good time before needing to make a leave to remain application. Visa applications made after 6 April 2012 must therefore be accompanied with evidence that applicants have passed an approved English language test.
Plans to build a temporary Games Terminal at Heathrow for use by Olympic athletics on departure from the UK have been announced. The £20 million Games Terminal will operate between 13th and 15th August, and is expected to divert up to 10,100 people and 37,900 bags from other terminals. Heathrow is predicting that the day after the Olympics closing ceremony, the 13th, will be the busiest in the airport’s history with an expected increase of 35% in passenger numbers.