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Forthcoming changes to the Immigration Rules

Forthcoming changes to the Immigration Rules EMPLOYMENT LAW

The government has published a new statement of changes in the Immigration Rules, setting out various changes that will come into effect from 6 April 2017. They key changes are:

  • A confirmation that a sponsor’s failure to pay the new immigration skills charge will mean that the relevant Certificate of Sponsorship will be considered invalid and the worker’s Tier 2 application will be refused.
  • The minimum salary requirement for experienced workers applying for a Tier 2 (General) visa will increase to £30,000 (the minimum for new entrants remains at £20,800 a year).
  • The minimum salary requirement for high earners (where there is an exemption from conducting a resident labour market test) will increase to £159,600 a year.
  • The Tier 2 Intra-company Transfer Short-Term Staff category will close to new applications.
  • The requirement for an intra-company transferee to work for a sponsor’s related overseas company for at least one year will not apply to those earning £73,900 or more a year.
  • The salary requirement for intra-company transferees wishing to extend their total stay for up to nine years is being reduced to £120,000, from the current level of £155,300.
  • Workers (and their adult dependants) coming to the UK under Tier 2 (General) to work in roles in the education, health and social care sectors will be required, as part of the visa application process, to submit overseas criminal record certificates from the countries that they have lived in over the last ten years.
  • Where the role is associated with the relocation of a high-value business to the UK or a significant new inward investment project, where the sponsor is a newly-registered (within the last three years) branch or subsidiary of an overseas business and the investment involves new capital expenditure of £27 million or the creation of at least 21 new UK jobs, it will not be necessary to conduct a resident market labour test or to assign a restricted Certificate of Sponsorship.
  • A migrant who overstays their leave in the UK by more than 30 days will be banned from returning to the UK for one year (currently, migrants who overstay for more than 90 days are banned).

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