According to the Office for National Statistics net migration reached an all-time high of 336,000 in the year to June 2015. Immigration remains a politically sensitive issue and the government has turned their interest to the Tier 2 entry route into the UK. They have commissioned the Migration Advisory Committee (MAC) to review the visa category with the view of further restricting the category. Results of this review are due to be published this month. Until then, you can find the recent changes to the Tier 2 category, implemented thus far this year, below:
Nurses were recently added to the Shortage Occupation List.
This is an interim measure while the MAC reviews the Tier 2 category. However, in the meantime this means that applications for Restricted Certificates of Sponsorship will be prioritised by the UK Visas and Immigration (UKVI) points’ allocation system, meaning applications submitted by nurses are likely to be granted. These applications will be considered a part of the shortage occupation list by the December 2015 allocation panel. Secondly, a potential employer can issue a migrant with a Certificate of Sponsorship (CoS) without having to satisfy the Resident Labour Market Test. With regards to settlement (Indefinite Leave to remain) the addition of nursing onto the Occupation Shortage List means that when applying for settlement the migrant will not be required to earn in excess of £35,000 per annum to qualify, provided that nursing was on the Occupation Shortage list while the migrant was employed as a nurse under Tier 2.
Addition of four digital security jobs to the Occupation Shortage List
Applications from product managers, data scientists, senior developers and cyber security specialists will also be prioritised by the Home Office during monthly Tier 2 visa allocations.
The minimum salary threshold was increased to £20,800
The salary threshold for Tier 2 migrants is increased annually. The thresholds relating to individual occupations, as outlined in the Codes of Practice, have also increased this year in the majority of cases. It is therefore important to confirm that your salary meets the required level stated on your Standard Occupational Classification (SOC) Code before submitting an application.
Tier 2 Cooling-off period
Previously, a Tier 2 migrant who left the country was required to wait for a ‘cooling off’ period of 12 months before they were able to apply for a new Tier 2 visa. The new changes to the Tier 2 category now allow for UK sponsors to employ migrants for a period of three months or less. To clarify, the rules regarding the ‘cooling off’ period remain the same for all Tier 2 migrants except for those who are granted Tier 2 leave to remain for three months or less. This will mainly allow employers to sponsor interns and then be able to bring them back to the UK for a permanent job within a 12-month period.
Entry clearance
Entry clearance can now be post-dated to correlate with the applicant’s date of travel to the UK. The migrant’s visa can be issued 7 days before their intended date of travel provided this is not over 14 days after their employment is due to commence. The Home Office’s intention is to make it easier for individuals to collect their Biometric Residence Permits within 10 days of arriving in the UK.
Points Based System. What does the future hold? Changes to be introduced in 2016
Minimum salary for ILR applications from April 2016
Tier 2 (General) and Tier 2 (Sportsperson) migrants who wish to apply for indefinite leave to remain, after spending at least five years in the Tier 2 category, will need to demonstrate to the Home Office that they are earning a gross salary of at least £35,000 per annum, or the specified appropriate amount for the job as set out in the Codes of Practice Standard Occupational Classification (SOC), whichever is higher. However, migrants who are sponsored in a job listed in the Shortage Occupation List or are listed in the PhD level occupation list, at any point during the migrant’s sponsored employment, will be exempt from this requirement. Migrants in these two lists will need to meet the salary requirements published in the Codes of Practice SOC for their particular job.
Tier 4 switching to Tier 2
There have been reports in the media that the Home Office plans to stop Tier 4 migrants from switching into Tier 2 or Tier 5 categories after graduating. The possible changes will require the migrant to return to their home country in order to make an entry clearance application under the Tier 2 or Tier 5 category. If this in implemented it will further limit opportunities to current students regardless of their skill set.
HOW CAN WE HELP?
If you have any questions or queries, please contact Douglass Simon Solicitors. Your matter will be dealt with by an experienced solicitor who can assist you with your Tier 2 visa as well as assisting your employer in obtaining a Tier 2 Sponsorship License.