We are reproducing hereunder the changes. Please read on.
“Changes to the Immigration Rules
15 March 2012
Today, Thursday 15 March 2012, a written ministerial statement has been laid in Parliament outlining a number of changes to the Immigration Rules.
Most of the changes will come into effect on 6 April 2012. Some of the changes to Tier 2 will affect those who were granted leave after 6 April 2011.
The changes include:
Migrants under the points-based system
Tier 1 - high-value migrants
· Closing the Tier 1 (Post-study work) route.
· Introducing the new Tier 1 (Graduate entrepreneur) route.
· Introducing new provisions for switching from Tier 1 (Graduate entrepreneur) or Tier 1 (Post-study work) into Tier 1 (Entrepreneur).
· Renewing the 1000 place limit for Tier 1 (Exceptional talent) for each of the next 2 years.
Tier 2 - skilled workers
· Limiting the total amount of temporary leave that may be granted to a Tier 2 migrant to 6 years (which applies to those who entered after 6 April 2011).
· Introducing a new minimum pay requirement of £35,000 or the appropriate rate for the job, for Tier 2 general and sportsperson migrants who wish to settle here from April 2016 (with exemptions for those in PhD level and shortage occupation categories).
· Introducing a 'cooling-off period' across all the Tier 2 routes. Tier 2 migrants will need to wait for 12 months from the expiry of their previous visa before they may apply for a further Tier 2 visa.
· Introducing new post-study arrangements for graduates switching into Tier 2.
Tier 4 - students
Implementing the final set of changes to the student visa system that were announced in March 2011, including:
· Extending the interim limit for sponsors that have applied for educational oversight and Highly Trusted Sponsor status and have not yet been assessed.
· Introducing limits on the time that can be spent studying at degree level.
· Tightening work placement restrictions.
Tier 5 - temporary workers
· Limiting the length of time temporary workers can stay in the UK, under certain Government Authorised Exchange schemes, to a maximum of 12 months. The schemes affected are intern, work experience and youth exchange type programmes.
· Allowing sportspersons who enter under the Tier 5 creative and sporting sub-category to undertake some guest sports broadcasting work where they are not filling a permanent position.
Changes in all tiers of the points-based system
· Making curtailment mandatory where a migrant under Tiers 2, 4, or 5 of the points-based system has failed to start, or has ceased, their work or study with their sponsor. This includes cases where a sponsor notifies us, via the sponsor management system (SMS), that a migrant is no longer pursuing the purpose of their visa. The Rules will also set out the limited exceptions to mandatory curtailment.
· Reducing the curtailment threshold (the level of leave you have left which means that we will not normally pursue curtailment) from 6 months to 60 days.
· Increasing the funds applicants will need to provide evidence of, in order to meet the maintenance requirements for all routes in the points-based system. For Tier 4 and Tier 5 Youth Mobility Scheme the changes will come into effect on 6 April 2012. For Tier 1, Tier 2 and temporary workers under Tier 5 the changes will come into effect on 14 June 2012.
Visitors
· The new visitor route will allow a small group of professionals, artists, entertainers and sportspersons who are invited to come to the UK to undertake short-term permitted fee paid engagements for up to 1 month.
Overseas domestic workers
· Restricting all overseas domestic workers (ODW) to only work for the employer with whom they entered the UK, or whom they came to join.
· Removing the right for all migrants under the ODW category to apply for settlement.
· Strengthening the requirement for the employer of an ODW to provide evidence of an existing employer relationship, and introducing a requirement for agreed, written terms and conditions of employment to be produced, as part of the application for entry clearance.
· Permitting all ODWs who have applied for leave to enter or remain on or before 5 April 2012, to continue to be treated under Immigration Rules in place on that date.
· Restricting ODWs in private households to work for an employer who is a visitor to the UK. Permission to stay in the UK will be limited to a maximum of 6 months or the period of the employer's stay whichever is shorter. Removing the current provision for ODWs to be accompanied by dependants.
· Permitting ODWs in diplomatic households to apply to extend their stay for 12 months at a time up to a maximum of 5 years, or the length of the diplomat's posting, whichever is shorter.
Sponsors
· Introducing a Premium Customer Service for those A-rated sponsors in Tiers 2 and 5 who wish to apply and pay for a range of benefits. We will publish the full range of service benefits in due course. The service will launch in the 2012-13 financial year.
In addition to these changes, the government is also making amendments to the extension of leave to remain.
The Home Office has today published 2 financial impact assessments: one on settlement and another on Tier 5 and overseas domestic workers, as well as a policy equality statement.
For full details of the changes please see the Statement of Changes to the Immigration rules (HC 1888) and the Explanatory Memorandum on the right side of this page. The written ministerial statement, impact assessments and the policy equality statement can be found on the Home Office website.
We have previously announced the changes to settlement, overseas domestic workers and students in a series of news stories.
Automatic settlement for skilled workers to end
29 February 2012
As part of the government's commitment to reviewing the immigration system, last summer a consultation was launched proposing reforms to employment-related settlement, Tier 5 and overseas domestic worker routes.
Immigration Minister Damian Green has today announced the government's response to this consultation. The proposed changes will mean that skilled migrant workers coming to the UK under Tier 2 of the points-based system will no longer be able to settle in the UK simply based on the amount of time they have spent in the UK.
'Settlement in the UK is a privilege. We are sweeping aside the idea that everyone who comes here to work can settle, and instead reserving this important right only for the brightest and best.
'Our reforms of the immigration system will ensure we are more selective not only about those who are allowed to come here but also those who are allowed to stay permanently.'
The government intends to:
· Continue to provide a direct route to settlement for investors, entrepreneurs and exceptionally talented migrants under Tier 1.
· Continue to provide a route to settlement for the best Tier 2 migrants, if they meet a minimum salary threshold of £35,000.
· Allow those who enter as PhD-level scientists and researchers to qualify for settlement without having to meet the £35,000 minimum salary threshold.
· make all workers in shortage occupation jobs (currently including specialist nurses, teachers and social workers) exempt from the minimum settlement salary threshold of £35,000;
· allow Tier 2 migrants to extend their temporary permission to stay in the UK up to maximum of 6 years, and introduce a 12-month 'cooling off' period;
· retain a route for overseas domestic workers in private households, but only when accompanying a visitor and limited to 6 months' stay with no right to change employer;
· Retain the current route of entry for private servants in diplomatic households under Tier 5 (Temporary worker - International agreement), with a maximum stay of 5 years and no ability to change employer or to settle.
The government also plans to make changes to the visitor rules to allow a defined group of professionals to undertake specific fee-paid activities for short stays of up to 1 month without formal sponsorship requirements.
The government is reforming all routes of entry to the UK in order to reduce net migration from the hundreds of thousands to the tens of thousands. It has already taken action to reduce numbers by restricting the number of migrants from outside the European Union who can come here to work, and introducing changes to the student visa system. The changes announced today will bring greater control over who is able to settle in the UK.
Full details of the proposals, a summary of responses to the consultation, and Damian Green's written ministerial statement can all be found on the Home Office website.
Private servants in diplomatic households: changes affecting diplomatic missions
29 February 2012
From 6 April 2012, there will be some changes to the procedure for sponsoring a private servant in a diplomatic household under Tier 5 of the points-based system.
These private servants will continue to be able to come to the UK under Tier 5 (Temporary worker - International agreement), and will still need to be sponsored by the diplomatic mission. But the mission will need to add a 'sponsor note' to the certificate of sponsorship assigned to a private servant, giving the name of the diplomat for whom the private servant will work.
The private servant will only be able to work for this diplomat. They will not be able to change to work for another diplomat in the mission, and must leave the UK when the diplomat does (or earlier). The private servant will be able to stay for a maximum of 5 years.
We are also introducing a pre-entry requirement: the private servant and the diplomat for whom they will work must agree and sign written terms and conditions of employment (covering issues such as hours of work, salary and time off). This document must be completed before the private servant can be sponsored, and must be included with their visa application. As the sponsor, the mission will agree that the private servant's written terms and conditions conform to all relevant UK and European legislation, such as the National Minimum Wage Act and the EU working time directive.
These changes do not affect private servants who are exempt from immigration control because they are servants of the head of a diplomatic mission employed and paid directly by your country.
New student rules to welcome the brightest and best while tackling abuse
13 February 2012
New rules will come into force within weeks to cut abuse of the student visa route and ensure that only the brightest and the best students can stay and work in the UK, Immigration Minister Damian Green announced today.
Students can currently work in the UK for 2 years after their studies have finished, under the Tier 1 (Post-study work) route. But from 6 April, a more selective system will come into effect so only the most talented international graduates can apply to stay in the UK for work purposes.
Only those who graduate from a university, and have an offer of a skilled job at a salary of at least £20,000 (or more in some cases) from a reputable employer accredited by the UK Border Agency, will be able to continue living and working in the UK in order to benefit the British economy.
The rules are part of a radical overhaul of the student visa system, which will:
· Encourage growth - a new Graduate Entrepreneur route will open, with up to 1,000 places for students working on world-class innovative ideas who want to stay and develop them but do not meet the requirements of the Tier 1 (Entrepreneur) route;
· Boost the economy - young entrepreneurs or small company directors will get the chance to stay on in the UK after their studies if they have £50,000 to invest in their business;
· Ensure that students can support themselves - for the first time since 2008, there will be an increase in the amount of money that students and working migrants (and their dependants) must prove they have to support themselves financially during their time in the UK; and
· Tackle abuse - restricting work placements to one-third of the course for international students who are studying below degree level will ensure that those coming to the UK are here to study, not to work (as was often the case in the past). Additionally, the time that can be spent studying at degree level will be restricted to a general limit of 5 years.
Damian Green said:
'It is vital that we continue to attract the brightest and the best international students, but we have to be more selective about who can come here and how long they can stay.
'In the past, too many students have come to the UK to work rather than study, and this abuse must end. With the introduction of the Graduate Entrepreneur route and the restrictions on student work, we are reforming the system to deliver immigration to benefit Britain.'
For full details of the changes that are coming into effect, you can download a statement of intent from the Home Office website.
Feedbacks: Readers are free to send feedbacks on topics discussed on Migrants Watch, their experience on immigration matter or topics they would like to appear on this page by emailing: migrantswatch@hotmail.co.uk
Follow our Blog on http://migrantswatchuk.blogspot.com
Connect with me on Facebook at www.facebook/jkadebola
No comments:
Post a Comment