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| New consultation launched by the Home Office to change settlement route for Tier 2 visas, Tier 5 visas and overseas domestic worker visas in private household. |
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| 9 June 2011 Courtesy: UK Border Agency website www.ukba.homeoffice.gov.uk
The government has today announced a new consultation running from 9th June to 9th September 2011 regarding the proposed changes it wishes to make with regard reducing the number of people allowed to settle in UK through the worker routes.
The key proposals are as follows:
CLEARLY DEFINE TEMPORARY AND PERMANENT MIGRATION ROUTES
• Categorise all visas as either ‘temporary’ or ‘permanent’. Permanent visas will be those which allow migrants to apply for settlement (indefinite leave to remain) in the UK.
ALLOWING ONLY THE BRIGHTEST AND BEST WORKERS TO STAY PERMANENTLY
• Consider capping the maximum period of Tier 1 temporary leave at 5 years and restricting the number of exceptional talent migrants granted settlement.
• Define Tier 2 as temporary and thereby end the assumption that settlement will be available for those who enter on this route.
• Consider whether certain categories of Tier 2 migrant (for example ministers of religion, elite sportspeople, those earning over £150,000) should retain an automatic route to settlement.
• Create a new category into which, after 3 years in the UK, the most exceptional Tier 2 migrants can switch and go on to apply for settlement.
• Apply robust selection criteria to those Tier 2 migrants who wish to switch and possibly a limit on the total number of migrants allowed to switch.
• Allow those Tier 2 migrants who do not switch into a settlement route to stay for a maximum of 5 years with the expectation that they and any dependants will leave at the end of their leave.
• Apply these changes to those entering the points-based system from April 2011.
ENGLISH LANGUAGE REQUIREMENT FOR DEPENDANTS OF TIER 2 MIGRANTS APPLYING FOR A ROUTE TO SETTLEMENT
• Introduce an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement.
TIER 5 TEMPORARY WORKERS
• Consider restricting the maximum period of leave in Tier 5 (Temporary workers) to 12 months.
• Consider removing the ability of Tier 5 (Temporary workers) to sponsor dependants and/or remove the right of their dependants to work.
• Raise the minimum skill level in the government authorised exchange sub-category to graduate level.
OVERSEAS DOMESTIC WORKERS
• Abolish the route for overseas domestic workers in private households or consider restricting leave to a 6 month period as a visitor only, or 12 months where accompanying a Tier 1 or Tier 2 migrant, with no possibility of extension, no right to change employer, no ability to sponsor dependants or alternatively no right for dependants to work in the UK, and no right to settlement.
If the route remains: strengthen the pre-entry requirements to minimise the possibility of abusive or exploitative employer/employee relationships being imported into the UK; and continue to provide access to assessed forms of protection for genuine victims of trafficking.
• Stop granting settlement to domestic workers in diplomatic households, restrict temporary leave to 12 months and remove their ability to sponsor dependants, or alternatively remove the right for dependants to work in the UK.
The full text of the consultation is available at the UK Border Agency or is accessible by clicking the following link:
To take part in the consultation you should click the following link
Or Contact
Work and settlement consultation
UK Border Agency 1st Floor, Green Park House, 29 Wellesley Road, Croydon,
CR0 2AJ
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