UK government follows through on pledge to reduce net migration
The recently elected Coalition government has introduced an interim cap on migration to the UK. From 1 April next year the cap will become permanent. Although the permanent measures are not yet known and will depend partly on consultation with business, the current interim measures can significantly impact many businesses and individuals who require visas for the UK.
The interim cap applies to the following UK immigration categories:
- Tier 1 (General) for those without a sponsoring employer who score sufficient points according to various attributes, including age, previous earnings and qualifications. The grant of these visas has been limited to the number issued in the same period last year i.e. 5,400. The cap will be applied on a monthly basis. Longer processing times are therefore possible under this visa category. This cap is in addition to the five point increase in the pass mark introduced on 19 July.
- Tier 2 (General) - for workers sponsored by a registered employer, typically new recruits but can include existing employees in the UK who wish to extend their permission to reside. The limit has been imposed on the number of ‘certificates of sponsorship’ allocated to the sponsor. The number of certificates has been reduced by 1,300, which represents around a 6% fall.
The good news is that other sub-categories of Tier 2 are not included in the interim limit and are unlikely to be included in the permanent cap. Significantly this includes intra-company transfers, so that sponsors will continue to be able to assign employees who have been employed for at least 12 months, to their UK office outside the cap.
Sponsors should have been notified of their allocation for the interim period. Those who used two or more certificates in the same period last year have had their allocation reduced. Fragomen is aware that some sponsors have been given a zero allocation, which means they cannot sponsor under this category unless the circumstances are ‘exceptional’. New sponsors will initially be given a zero allocation.
Companies should contact Fragomen for more information on possible alternatives where they have exhausted their supply of certificates and wish to hire new workers from outside Europe. Australians and New Zealanders are often eligible for a wider range of visas than many other nationalities, including visas which permit employment on the grounds of UK ancestry and under the Youth Mobility Scheme.
Joshua Le Vay
Senior Consultant - UK Immigration Solicitor
Registered Foreign Lawyer - Practice limited to UK law
Phone: +61 2 8224 8563
Email: jlevay@fragomen.com
Website: www.fragomen.com |
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