Tier 2 – Recent changes and what to expect in the New Year?
Tier 2 visa category has been in the spotlight throughout this year. The current government has pledged to reduce the net migration and Tier 2 has been one of the most affected visa categories. Edmans & Co team have therefore decided to cover the recent changes that have been introduced and the possible changes to come in the New Year.
Settled Status in the UK refers to the immigration status granted to eligible EU, EEA, and Swiss citizens, as well as their family members, who were living in the UK before the end of the Brexit transition period (December 31, 2020). It allows individuals to continue living and working in the UK without any immigration restrictions. Settled Status is part of the UK government’s EU Settlement Scheme, which was introduced to protect the rights of EU citizens and their family members residing in the UK after Brexit. Once granted Settled Status, individuals are granted the right to stay indefinitely in the UK and enjoy various benefits and services.
What has changed?
Most importantly, Tier 2 migrants wishing to apply for Indefinite Leave to Remain (ILR) in the UK on or after 6 April 2016 will have to have an annual salary of at least £35,000.00 (or the minimum as indicated in the Code of Practice (COP), whichever is higher). Subject to some exceptions, such as for example some of the PhD-Level occupations on the Shortage Occupation List, this requirement applies to all applicants who entered the Tier 2 category under the rules in force from 6 April 2011.
Indefinite Leave to Remain (ILR) in the UK is an immigration status that grants an individual the right to live and work in the country without any time restrictions. ILR is also known as settlement or permanent residency. It allows individuals to stay in the UK for an indefinite period and provides them with a wide range of benefits, such as access to public funds, healthcare, and education.
What to expect in the New Year?
Lawyers at Edmans & Co are constantly reviewing new and proposed immigration legislation changes with the aim of remaining at the forefront of the immigration law industry.
The draft Immigration Bill 2015 is expected to be implemented in the New Year. It is likely to affect both sponsors and sponsored applicants under the Tier 2 visa category. For example, if enacted in its current form, a new criminal offence of “illegal working” will be introduced.
A spouse visa in the UK, also known as a spouse visa / partner visa, is a type of visa that allows an individual to join their spouse or partner who is a British citizen or settled person in the UK. This visa category falls under the Family route of the UK immigration system.
