Posted on Thursday 18th March 2010 in News

As widely anticipated and reported by Dearson Winyard International some time ago, today the government have introduced a new set of immigration rules implementing many of the changes recommended by the Migration Advisory Committee in a series of reports throughout 2009.  The new rules come into force from 6 April 2010 and will be in conjunction with a further hike in fees and new application forms. 

 In terms of the changes there are no surprises and the details in terms of processing applications has yet to be revealed.  These will be contained within the new guidance that will accompany the new forms.  Frustratingly it is unlikely much information will be available prior to this and we will have to work on the worst case scenario. 

 In terms of the specifics, the changes are as follows.

 Tier 1

 The points that migrants may score are being amended, the principal changes being:

• 1. Increases in the previous earnings thresholds, with the minimum threshold rising from £20,000 to £25,000;

• 2. Provision for migrants with Bachelor's degrees, or no degree, to qualify under this category if their previous earnings are high enough; and

• 3. More generous age thresholds, with points awarded to initial applicants under 40, raised from under 32 at present.

• 4. An employment restriction is being added stating that Tier 1 (General) Migrants may not be employed as a professional sportsperson (including as a sports coach).

• 5. Successful applicants will be granted leave for 2 years initially, rather than 3 years as at present. This will be followed by a 3-year extension, rather than 2 years as at present. The purpose of this change is to test that the migrant has become engaged in highly skilled employment in the UK at an earlier stage.

• 6. A relaxation of the policy restricting doctors and dentists from taking training provided they are in possession of a related medical degree.

Tier 2

 There are several changes that have been much publicised and anticipated and the MAC recommendations have been accepted in full.  The points that migrants may score are being amended, the principal changes being:

• 1. Increases in the previous earnings thresholds, with the minimum threshold rising from £17,000 to £20,000;

• 2. An increase in the points awarded for a Master's degree, from 10 points to 15 points; and

• 3. Differential points awarded for sponsorship under Tier 2 (General) and Tier 2 (Intra-Company Transfer), 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.

• 4. The qualifying period of previous overseas employment with the sponsor for Tier 2 (Intra-Company Transfer) is being increased from 6 months to 12 months, meaning that migrants will now need to have worked for their employer overseas for a year before they can transfer to the employer's UK base.

• 5. A new Tier 2 (Intra-Company Transfer) sub-category is being created for graduate trainees, with a qualifying period of only 3 months, but with a maximum grant of leave of 12 months - it is unclear but this category MAY be subject to an annual quota.

• 6. The Tier 2 (Intra-Company Transfer) category will no longer lead to settlement. The government has made it clear the purpose of the Tier 2 (Intra-Company Transfer) route is to enable established employees to fill posts in the UK which require skills that cannot be supplied by new recruits and as such the Resident Labour Market Test does not apply to this route. A change is being made so that migrants will no longer be able to switch from Tier 2 (Intra-Company Transfer) to Tier 2 (General) while continuing to work for the same Sponsor. This change is being made to prevent Sponsors bringing employees into the UK on the Tier 2 (Intra-Company Transfer) route (a route that does not lead to settlement) with the intention of securing the employee's continued employment in a category which does lead to settlement, namely Tier 2 (General). The rules do not make it clear whether the employee can return abroad and immediately return back to the UK on a Tier 2 (General) and start the qualifying period for settlement. Our suspicion is that this will be possible as it makes little sense to cut this route off in those genuine cases of a 'change of circumstances' surrounding a particular role.

• 7. A further Tier 2 (Intra-Company Transfer) sub-category is being created for new recruits who are coming to the UK not to fill a post but solely to acquire or impart skills and knowledge relevant to their new role. There is no qualifying period, but the maximum grant of leave is 6 months.

• 8. Transitional arrangements are being provided to ensure that Tier 2 migrants already in the UK are not adversely affected by the changes outlined above. 50 points are being awarded to applicants who apply for an extension in the same job for the same Sponsor at the same (or higher) salary, so that they will not be subject to the revised points criteria for initial applications. Tier 2 migrants and work permit holders who applied as Intra-Company Transfers before these changes came into effect will continue to be able to progress to settlement.

• 9. A change is being made to enable Sponsors to make minor changes to the employment details of Tier 2 migrants without the need for a fresh application. Sadly the details of what constitutes a permissible change are yet to be defined.

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