Most of the changes will came into effect on 6 April 2012. Some of the changes to Tier 2 will affect those who were granted leave after 6 April 2011.
Those with leave after April 2011 will be affected as follows:
1] Closing the Tier 1 (Post-study work) route. 2] Introducing the new Tier 1 (Graduate entrepreneur) route. 3] Introducing new provisions for switching from Tier 1 (Graduate entrepreneur) or Tier 1 (Post-study work)into Tier 1 (Entrepreneur). 4] Renewing the 1000 place limit for Tier 1 Exceptional talent) for each of the next 2 years.
Tier 2 – skilled workers:
The Border Agency this year has made one of most bold decision ever. The decision to “control” and “limit” the total amount of temporary leave granted to a Tier 2 migrant to 6 years.This will apply to those migrants who entered after 6 April 2011.
Migrants should seek advice to confirm whether they come under this condition as soon as possible.
The introduction of a increased pay condition will also mean that unless the migrant worker is earning a threshold of 35,000 or the appropriate rate for the job from April 2016 settlement is most likely to be challenged by the Border Agency to the extent of refusal.
Some occupations held by Tier 2 migrants do not command a higher level of income at the 35K! for instance I.T Graduates would expect a minimum of 22,000 to 24,000; Marketing and Science related positions at Graduate level start at 22,000 to 50K depending on skill and experience.
All migrants expecting to apply for settlement will also be expected to pass “The Living in the UK Test”, before making an application to the Border Agency.
In the event that an applicant is refused settlement, depending on the particular circumstances of the migrant, there is a possibility of the right of appeal.
All migrants expecting to apply for settlement will also be expected to pass “The Living in the UK Test”, before making an application to the Border Agency.In the event that an applicant is refused settlement, depending on the particular circumstances of the migrant, there is a possibility of the right of appeal.
Settlement rights will be limited to Tier 2 migrants.
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