Tag Archives: UK work visa news

UK Work Visa Rule change: migrant worker must earn £35,000 or more by next April 2016

Migrants with UK work visas will have to earn at least £35,000 or more to be able to apply to stay in the UK as permanent resident after April 6, 2016.

UK Visa Application

Immigrants with Tier 2 work visas will only be able to apply for indefinite leave to remain (also called permanent residence) if they meet the threshold of the £35,000 annual salary.

Who

The new rules targets migrants under the Tier 2 (General) visa category and Tier 2 (Sportsperson) visa categories having stayed five years in the UK, and applying for indefinite leave to remain (ILR). The £35,000 earning requirement will not apply to anyone in an occupation that is on the shortage occupation list or to scientists and researchers in PhD level occupations.

What

Migrants who do not meet the new minimum income threshold now have less than 12 months until the new immigration rules come into force to find a solution if they want to continue to work in the UK. Tier 2 migrants paid below £35,000 applying for ILR after April 2016 will need to either find another visa with which to stay in the UK.

Workers who are not earning enough to apply for settlement will be allowed to stay in the UK for six years in total. They will then be required to leave the UK. They won’t be able to apply for another Tier 2 visa until they have competed a 12 month ‘cooling off’ period outside the UK.  Source: UK Parliament Research Briefings.

Sectors that will suffer most from the new rule are education and healthcare. It is expected that the number of non-European Union/EEA nationals and their dependants granted permanent residence each year will be reduced from 60,000 to 20,000 with this new measure ; and that around 16% of Tier 2 migrants would no longer qualify for permanent settlement due to the salary threshold.

The Royal College of Nursing has warned that up to 3,365 nurses currently working in the UK may have to leave the UK due to the salary requirement.

This measure will not apply to

  • People who have/had a Tier 2 (General) visa to do a job on the shortage occupation list, or to do specified PhD level jobs in science or research.
  • People who have a Tier 2 (Minister of Religion) or (Intra-Company Transfer) visa.

If you are on a Tier 2 visa and would like assistance applying for indefinite leave to remain (ILR), Migreat can connect you with a solicitor/lawyer who is an expert on immigration by visiting this migreat.com page dedicated to ILR applications.

No More UK Work Visa Available this June

All UK general work visas available for June have been allocated for the first time.

Credits. Photograph: Christopher Thomond/Guardian
Credits. Photograph: Christopher Thomond/Guardian

This week, the Home Office announced it reached the limit of Tier 2 work visas available monthly. This means that there will be no more application accepted and so no other Tier 2 work visa granted for the month of June to non-EU nationals – this only applies to visa applications made under “restricted CoS”. Non-EU nationals already employed via the tier 2 general visa route and renewing it are not affected by this cap.

From BBC sources and immigration experts contacted by Migreat, applications have been refused even though they were meeting the requirements because of the cap. The applications that were refused include applications from non-EU skilled nurses and doctors as well as skilled workers paid below 48k. However, it seems no applications from skilled migrants working in jobs in shortages (for which the UK is lacking a local pool of talent) were refused. Applications from skilled workers paid more than 150,000 pds annually are exempted from the cap.

Davina Fernandes solicitor at Magrath LLP contacted on the topic suggested that refused applications should consider applying again next month. This is because “they [the Home Office] is likely to receive the same volume and those whose salaries are in the lower threshold are likely to have the same problems next month. It goes shortage occupation, PhD codes, salaries. The lower down you are salary wise, the more likely it will be refused if they are oversubscribed next month too.”

The home office has yet to communicate officially on this – on how it selects which applications are refused. It is the first time the cap is reached, four years after being implemented. Will the UK immigration system start following a similar pattern as of the US immigration system for which the ones sending their application early and lucky enough to be treated first improve their chances to be granted a work visa? From Recruiter sources, the Home Office has confirmed rejecting specific applications.

At Migreat, we strive to help migrants with clear and simple information on visa opportunities and immigration rules via our . If you are currently considering applying for a work visa to stay and work in the UK, our Migreat webplatform is available for you to use:

– Use of Migreat visa tool to check if you may be eligible to a work visa or other UK visas.

– Ask your general visa questions directly to registered immigration experts; or simply

– Ask Migreat to find you the best and most relevant immigration expert that will help your visa application process.

Non-EU family members do not need visa to enter UK

Good news for many European migrant families with partners living in the UK: non-EU family members with a valid EU residence permit or visa can visit Britain without having to apply for a UK visa or permit according to the latest ruling from the European Court of Justice.

Family waiting their loved ones at the airport

The European Court of Justice has ruled that Britain cannot impose a blanket visa requirement on family members originally from outside Europe but who have valid EU residence rights. The ruling only covers cases where the partner from the EU – the native EU citizen – has exercised their right to free movement within the Union. Thus, if that someone still lives in their home country, their spouse is not entitled to free movement.

This decision was made after the case of McCarthy who contested UK insistence on a family permit or visa, valid for six months, for his wife, Helena, every time they visit Britain. The couple have two children, both British nationals. The ECJ decided that Helena McCarthy’s Spanish residence card entitled her to travel to Britain without first obtaining a UK visa in Spain.

More information on UK Family visa requirements can be found on Migreat.co.uk and Migreat.com.

Changes to UK Business Visas for Chinese Visitors

It will now be easier for Chinese Business Visitor to come for short business trips to the UK. Read more about the news below.

david-cameron-li-keqiang

Chinese visitors who travel to the UK on business will now only need to provide an application form, an invitation letter and a letter of employment to support their visa application.
Previously applicants had to provide bank statements and household registration books along with other paperwork to visit the UK on business.

The new rules will be available to members of the China-Britain Business Council and the British Chamber of Commerce in China. It will also be offered to members of the Confederation of British Industry (CBI) and companies referred by UK Trade & Investment (UKTI).

This change is part of further changes made by the UK Government to ease Chinese visitor travels and visits to the UK. Since last month, visitors from China can use the European Schengen visa when changing planes at UK airports.

In June the Government extended a pilot scheme that allows certain Chinese tour operators to use the Schengen form to also apply for UK visas. It also recently allowed potential Chinese visitors to Britain to submit their paperwork for a UK visa at the same time, and in the place, as for a European Schengen visa.

**

If you are interested in a UK work visa, find out which UK work visas is available to you using our free Migreat wizard tool or just ask an immigration expert online to help you apply.

Shortage of digital talent in the UK: the MAC is calling for evidence

The Migration Advisory Committee has received its commission to conduct a partial review of the jobs in shortage occupation list including digital technology jobs and will host three sessions in October to gather evidence from employers. Find out you can participate to this call for evidence and make recruiting migrants in the health, digital and electricity generating sector easier.

Processed with VSCOc London

This September, the Migration Advisory Committee (MAC) has been asked by the UK Gov to review some occupations and job titles for the health, the (ICT) Digital and Electricity generating sector for inclusion on the shortage occupation list. It is time for employers in the sector to voice out which jobs they are having difficulties to find suitable workers for on the local market. This call might results in changes in the next months over immigration rules for employers recruiting foreigners in these sectors.

The call of evidence

The MAC last conducted a review of all occupations and job titles in 2012/2013. Since then, the Government has been made aware of a small number of occupations and job titles where there may be a case for inclusion on or removal from the shortage list. The Government has now asked the MAC to conduct a partial review of a small number of occupations and job titles into a limited number of areas; namely:

 in some parts of the health sector;

 some of the information and communications technology (ICT) sector

 of overhead linesworkers within the electricity generating sector.

The MAC is asked to review the above occupations to determine whether there is a shortage of labour in the occupation, or in relation to specific jobs within that occupation, that it would be sensible to fill using labour from outside the European Union.

3 sessions coming up

The MAC has placed a call for evidence on their website. They will organise meetings with employers of those sectors over three sessions organised in October and November as follows:

 Linesworkers 3 October 2014 10.30 to 12.30

 Digital technology 17 October 2014 10.30 to 12.30

 Health sector 7 November 2014 2.00 to 4.00

Each of these sessions will be held in London at 2 Marsham Street, London SW1P 4DF. If you would like to attend one of these sessions, please contact the MAC secretariat (TEL:020 7035 1764) who will provide you with instructions on how to attend.

Responses to this call for evidence can be sent direct to the MAC at: mac@homeoffice.gsi.gov.uk

The closing date for this call for evidence is 5 December 2014, though partners are strongly encouraged to submit their evidence earlier if they can.

Find out more on the Resident Labour Market test an employer has to pass before employing a migrant worker, or just ask an immigration expert for free on migreat.com