UK Immigration Rules: May Force Overseas Teachers out of UK

This week, the National Association for Head Teachers (NAHT) has echoed the sentiments of the Royal College of Nursing. The concerns are regarding the new UK Immigration Rules which apply that Tier 2 skilled migrant worker will only be eligible for Indefinite Leave to Remain if they earn a salary of at least £35,000 per annum. Although this Immigration Rule has been put in place with the intention of reducing non-EU immigration in the, Russell Hobby, the General Secretary of  NAHT has stated that it could have a detrimental effect on certain sectors which, in result, will have a negative impact on the UK economy. 

NAHT: Minimum Salaries for Skilled Workers will have Adverse Effect

Mr Hobby voiced his concerns about the Immigration Rules because the majority of overseas trained teachers are below the new required salary threshold. As he explains it is not only the NHS that will be adversely affected by the policy but schools will suffer as well:

“We note the concern today from the RCN that new rules on minimum salaries for workers from non-EU countries will have an adverse effect on healthcare. The fact is that these rules will hit schools, too. Headteachers everywhere are struggling to recruit. Pupil numbers are rising. Budgets are being squeezed all the time. In the face of these challenges, it seems counterproductive to force out valued members of staff for the sake of meeting a migration target.”

Since the Conservative party have come into power their determination to reduce immigration from outside the EU has increased. In fact David Cameron revealed at the beginning of this month the Migration Advisory Committee (MAC) will be looking into ways of reducing the number of people coming to the UK to work.

Shortage Occupation List for Overseas Teachers

Earlier this year the MAC carried out a partial review of the Shortage Occupation List and at present the only jobs in the teaching sector which are currently on the Shortage Occupation List are secondary education teachers in the subjects of maths and science (chemistry and physics only). Looking at the minimum appropriate salary rates for the occupation of a teacher Mr Hobby’s concerns are validated, as the majority of them fail to meet the new required  salary threshold of £35,000.

  • Unqualified teachers undertaking Overseas Trained Teachers Programme and equivalent: £20,000;
  • Qualified teachers and equivalent: £21,438;
  • Post-threshold teachers and equivalent: £34,523; and
  • Leadership group, assistant head teacher, principal teacher and equivalent: £37,284.

It should be noted the new Immigration Rule may be implemented in April 2016 and applies to skilled workers from outside the Europe Union who have entered the UK since 2011. If it is found that after 6 years of working in the UK they do not earn at least £35,000 per annum they will be required to leave the country. Whether the voices of the Royal College of Nursing and National Association for Head Teachers will be heard by the UK Government is yet to be seen as neither the Prime Minister or the Home Secretary have responded to their concerns.

Successful UK Tier 2 Visa Applications

Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law.

We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment.

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