The Statement of Changes in Immigration Rules laid before Parliament on 18th March 2010 brings into force many of the recommendations put forward by the Migration Advisory Committee (MAC) in the latter half of 2009.
The changes are due to come into force on 6th April 2010 and will affect all initial applications made under Tier 1 (General) and Tier 2 (General)/(ICT) made on or after this date. Transitional arrangements will be introduced for those individuals currently in the UK under one of the above categories (or a predecessor of one of these categories such as HSMP or work permit) who wish to extend their stay. More information on the transitional arrangements can be found below.
Amendments to Tier 1 (General)
The following changes are to be made to Tier 1 (General):
i. Points available to migrants under Tier 1 (General) will change to include:-
- Increased previous earnings threshold, with the minimum threshold for the award of points rising from £20,000 to £25,000;
- Provision for migrants with a Bachelor's degree, or no degree, to qualify under Tier 1 (General), if they have a sufficiently high level of earnings;
- Increased age threshold, with points available for individuals aged 39 and under, rising from the previous threshold of 31;
ii. At present, initial applicants under Tier 1 (General) are granted 3 years' leave to enter or remain. Following the rule changes, this will reduce to 2 years, with the possibility of extending for a further 3 years. This is to monitor whether the individual has entered into highly skilled employment at an earlier stage;
iii. Tier 1 (General) migrants will not be permitted to take employment as professional sportspeople or sporting coaches. This is to prevent such individuals from circumventing the Governing Body Endorsement requirements currently in place in the Tier 2 and 5 sporting categories;
iv. The restriction on employment as a doctor in training will be extended to include dentists in training.
Amendments to Tier 2 (General)/(ICT)
The following changes are to be made to Tier 2 (General) and Tier 2 (ICT):
i. Points available to migrants under Tier 2 (General)/(ICT) will change to include:-
- Increased previous earnings threshold, with the minimum threshold for the award of points rising from £17,000 to £20,000;
- Increase in points awarded for a Master's degree, from 10 to 15 points;
- Differential points awarded for sponsorship under Tier 2 (General) and Tier 2 (ICT), to reflect the greater protection of the resident labour market under Tier 2 (General) and the greater contribution this category makes towards supporting public services.
ii. The qualifying period of overseas employment under the Tier 2 (ICT) route will increase from 6 months to 12 months;
iii. The Tier 2 (ICT) route will no longer lead to settlement in the UK;
iv. The Tier 2 (ICT) route will include a new sub-category for graduate trainees, with a qualifying period of only 3 months with the overseas company but with a maximum grant of leave of 12 months;
v. A further Tier 2 (ICT) sub-category will be created for new recruits who are coming to the UK to learn or to impart skills and knowledge relevant to their new role overseas. Such individuals do not need to have worked for the overseas company for a specific period of time and leave will be granted for 6 months only;
vi. Migrants will not be able to switch from Tier 2 (ICT) to Tier 2 (General) if continuing to work for the same sponsor.
Transitional Arrangements
Individuals who have submitted applications prior to 6th April 2010 will benefit from transitional arrangements designed to ensure that they are not adversely affected by the changes.
Tier 1 (General) or HSMP migrants wishing to extend their stay in the UK will have their applications assessed under the old rules. Tier 2 applicants who are applying for an extension of stay doing the same job with the same sponsor at the same salary (or higher) will be awarded 50 points, so that they will not be subject to the new points criteria. In addition, Tier 2 migrants and work permit holders who applied as intra company transferees prior to these changes will still be able to progress towards settlement.
