Recently The Migration Advisory Committee (MAC), a UK Government Public Body reviewed the Tier 1 Entrepreneur route and proposed a more selective approach to improve the quality of incoming entrepreneurs to the UK under the points based immigration system, along with this measure MAC are also to hold a consultation to review Tiers 1, 2 and 4 Systems & dependants’ working rights. The review may restrict the right of a Tier 2 dependent’s right to work and could then have a huge impact on the British economy, we have outlined some of the new proposals below.
Tier 2 Dependant’s Right to Work
The proposals to restrict the right of a Tier 2 dependant’s right to work may be extended to Tier 1 and Tier 4 dependants and may be extended further across the board to all points based systems. The questions that will be of importance when MAC consider whether an automatic right to work will be revoked:
- Could a main applicant’s visa in the UK be affected if their dependant’s right to work is removed?
- How many Tier 2 employees have dependants?
- Do all of these dependants work in the UK?
- What occupations do Tier 2 dependants work in?
- Could the removal of a Tier 2 dependant’s right to work have a direct impact on the UK economy and public finances?
- What social impacts would there be for Tier 2 visa applicants?
- Would social impacts vary depending on the regions where Tier 2 dependants are concentrated?
Home Office proposals for Tier 2 Visa Applications
MAC have also been asked by the Home Office to consider the impact of:
- ‘increasing the Tier 2 (General) visa salary threshold of £20,800 and the Tier 2 (ICT) visa salary thresholds of £24,800 for the short-term category and £41,500 for the long-term category to a level that better aligns with the salaries paid to highly-specialised migrants or migrants filling skills shortages skilled to NQF level 6 or higher;
- increasing the Tier 2 visa minimum salaries per occupation for experienced migrants from the 25th percentile to the 50th or 75th percentiles;
- increasing the Tier 2 visa salaries per occupation for new migrants from the 10th percentile to the 25th or 50th percentiles, or other appropriate measure’.
Points-Based System boosts British Economy
The above mentioned MAC review and changes are due to be completed this month and once these are published our team will keep you updated with the same. Emanuel Adam, head of policy at British American Business has commented:
“Restricting tier 2 in any way will have a negative impact on companies and organisations assessing business opportunities . . . in the UK.”
Controlling immigration has been placed at the forefront of issues for David Cameron’s government and holds great significance when considered in light of the negotiations to rebuild Britain’s relationship with the rest of the EEA. The Home Office proposals could have a significant impact on the UK economy as the points based system creates business opportunities for the UK. The Tiers 1, 2 and 4 Applicants who currently come to the UK are providing the UK economy with a boost. Obtaining a points based UK visa is far from a straightforward process involving referencing not only the immigration rules but also supplementary guidance notes. Together with ensuring that the bundle of supporting documents meets the Home Office’s changing requirements and properly evidences each application.
UK Immigration Advice for Tier 1, Tier 2 & Tier 4 Visa Applicants
Our team of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the continuous changes in the law as well as the merits of your application by providing you with advice from our leading team of solicitors and barristers before your matter even reaches the Home Office. If you require assistance with a Tier 1, 2 or 4 application our team will guide you through the process of making a visa application step by step and limit the possibility of failure by complying with the strict letter of the law.
If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our legal case assessment form.