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The Government has today launched a public consultation on
reforms to work routes leading to settlement with a stated aim of
reducing the number of migrants who can qualify for indefinite
leave to remain. The categories considered as part of the
review are:
Tier 1 (not entrepreneurs or investors)
Tier 2 (General)
Tier 5
Overseas domestic workers
SUMMARY OF PROPOSALS
The following issues are considered as part of the
Consultation. Please note it is proposed that
these changes will be applied retrospectively to anyone entering as
a PBS migrant after 6 April 2011.
Clearly define temporary and permanent migration routes
Categorise all visas as either 'temporary' or
'permanent'. Permanent visas will be those which allow
migrants to apply for settlement (indefinite leave to remain) in
the UK.
Allowing only the brightest and best workers to stay
permanently
Consider capping the maximum period of Tier 1 temporary leave at
5 years and restricting the number of exceptional talent migrants
granted settlement.
Define Tier 2 as temporary and end the assumption that
settlement will be available for those who enter on this route.
Consider whether certain categories of Tier 2 migrant (for
example ministers of religion, elite sportspeople, those earning
over Ł150,000) should retain an automatic route to
settlement.
Create a new category into which, after 3 years in the UK, the
most exceptional Tier 2 migrants can switch and go on to apply for
settlement.
Apply robust selection criteria to those Tier 2 migrants who
wish to switch and possibly a limit on the total number of migrants
allowed to switch.
Allow those Tier 2 migrants who do not switch into a settlement
route to stay for a maximum of 5 years with the expectation that
they and any dependants will leave at the end of their leave.
Apply these changes to those entering the PBS from April
2011.
English language requirement for dependants of Tier 2 migrants
applying for a route to settlement
Introduce an English language requirement for adult dependants
of Tier 2 migrants applying to switch into a route to
settlement.
Tier 5 Temporary workers
Consider restricting the maximum period of leave in Tier 5
(Temporary workers) to 12 months.
Consider removing the ability of Tier 5 (Temporary workers) to
sponsor dependants and/or remove the right of their dependants to
work.
Raise the minimum skill level in the government authorised
exchange sub-category to graduate level.
Overseas Domestic Workers
Close or reform routes for overseas domestic workers.
We would encourage all interested parties to respond to this
Consultation to influence Government thinking.
Submissions must be received by 9 September
2011.
This article was written for Law-Now, CMS Cameron
McKenna's free online information service. To register for
Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance
only. The information and opinions expressed in all Law-Now
articles are not necessarily comprehensive and do not purport to
give professional or legal advice. All Law-Now information relates
to circumstances prevailing at the date of its original publication
and may not have been updated to reflect subsequent
developments.
The original publication date for this article was
09/06/2011.
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