The House of Commons Library last week published a useful information note on the forthcoming Tier 2 visa salary requirement.
Under the requirement, some skilled non-European Economic Area (EEA) Tier 2 workers will only be eligible to stay in the UK permanently if they are earning at least £35,000. The change to the Immigration Rules takes effect on 6 April 2016.
The Government says it wants to reduce the demand for migrant labour.
As we reported in June, the Royal College of Nursing (RCN) warned that the majority of non-EEA nurses would not reach the required earnings and will have to leave the UK.
You can read the House of Commons Library information note in full below:
HOUSE OF COMMONS LIBRARY
The £35,000 salary requirement to settle in the UK
Published 21 July 2015
From 6 April 2016, some skilled non-EEA workers with Tier 2 visas will only be eligible to stay in the UK permanently if they are earning at least £35,000.
Who will be affected?
The £35,000 pay threshold (possibly higher, depending on the occupation) will apply to non-EEA nationals who have come to the UK since April 2011 with either a Tier 2 (General) or Tier 2 (Sportsperson) visa.
The pay threshold will apply at the point when the skilled worker applies for Indefinite (i.e. permanent) Leave to Remain (usually after five years 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.
The settlement salary requirement 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.
What impact will the settlement pay threshold have?
A Home Office Impact Assessment conducted in 2012 estimated that around 16% of Tier 2 migrants would no longer qualify for permanent settlement due to the salary threshold. It recognised that certain occupations, notably nurses and IT and software professionals, were significantly more affected than others.
More recently, 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. Since 2010 the majority of internationally recruited nurses have been recruited from within the EEA. European nationals are not affected by the salary requirement.
Why was it introduced?
The Coalition Government wanted to introduce more selective criteria for determining which non-EEA nationals can stay permanently in the UK. It wanted to break the link between coming to the UK with a temporary visa and staying permanently, as part of wider efforts to reduce net migration levels.
What consultation took place?
The salary requirement wasn't voted on in Parliament. It was introduced in April 2012 by a change in the Immigration Rules. Before making the necessary changes, the then government:
- Conducted a public consultation on changes to employment settlement rights, in 2011
- Commissioned research by the independent Migration Advisory Committee into the economic impact of restricting settlement rights, published in November 2011
- Confirmed its intentions in a Written Ministerial Statement on 29 February 2012
- Published an impact assessment, statement of intent, analysis of consultation responses and policy equality statement to accompany the rules changes, in March 2012
This information is provided to Members of Parliament in support of their parliamentary duties. It is a general briefing only and should not be relied on as a substitute for specific advice. The House of Commons or the author shall not be liable for any errors or omissions, or for any loss or damage of any kind arising from its use, and may remove, vary or amend any information at any time without prior notice.
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