Tier 1 (General) deleted and more

Despite not having a policy on EU migration the home secretary has proceeded to do what empire does best. Step on the have nots, the Indians, Pakistanis and Bangladeshis because empire is used to it. Equally citizens of these poor South Asian nations are used to being dumped on as well.

What the home secretary really does need to take on board is that she should proffer answers to Keith Vaz MP’s concerns about unskilled European migration. These remain totally unanswered. Therefore, the home secretary is reminded that Her Majesty’s empire does have some very serious commitments outside of Europe. For example with Pakistan there is the issue of collaborating to fight terrorism, with India there is the EU immigration deal etc. It is uncertain how these interests will be matched by the government. It is certain that Pakistanis will not cooperate on anything when this stuff goes on.

Tier 1 (General) deleted from 2011

Anyway, to come back to the PBS, the changes which the UKBA will publish before they are implemented in April 2011 are that the Tier 1 (General) route will be closed. However, the Tier 1 (Entrepreneur) route will be refurbished to attract more applicants. A new “more flexible” avenue for promising start-up companies which do not currently meet the UKBA’s high £200,000  investment threshold will be introduced in April 2011.

The Tier 1 (Investor) route will be amended to allow accelerated settlement applications to be made. However, the new accelerated settlement route will depend on the level of investment.

Numerical limits will not be placed on the Tier 1 (Entrepreneur) and Tier 1 (Investor) routes.

A new category will be carved out of the soon to be deleted Tier 1 (General) category and it has emerged that an allowance for “persons of exceptional talent” is going to be introduced. This will apply to “migrants who have won international recognition in scientific and cultural fields, or who show sufficient exceptional promise to be awarded such recognition in the future.” Aha a brian drain designed to fulfil the promise for the “best and the brightest” for Britain.  Applicants will have to “be endorsed by a competent body in the relevant field” and this category will be limited to 1,000 places per year it seems. Tier 2 will also remain open to migrants working in the fields of “exceptional” talent.

Further details will be published as soon as possible.

In 2010/2011 the Tier 2 (General) route will be capped at 20,700 places. However the limit will not apply to; (i) in-country applications; (ii) dependants under Tier 2; (iii) Tier 2 (General) applicants who are high salary earners (more than £150,000); (iv) Tier 2 (Sportsperson) applications; (v) Tier 2 (Minister of religion) applications; and (vi) Tier 2 (ICT) applications.

Tier 2 (ICT) migrants will be allowed to stay in the UK for up to 5 years if they earn more than £40,000 per year. Alternatively, those paid between £24,000 and £40,000 will be able to enter the UK for up to 12 months within a specified period.
The Agency reports that its current rules will continue to apply to Tier 2 (ICT) migrants in the Graduate trainee and Skills transfer sub-categories.

So long ago it was their “company”. Now, centuries later, this role is being played by their “agency”. It sells “points based products”. Amazing.

More importantly following next years changes Tier 2 (General) applications will become restricted to graduate-level vacancies. However, existing Tier 2 (General) migrants without graduate level qualifications will be allowed to extend their permission to stay if they meet current requirements.

Moreover, the minimum standard of English language competency for Tier 2 (General) applications will be increased from basic to intermediate level (B1 on the Common European Framework of Reference).

Under the new limit applications for certificates of sponsorship will be considered on a monthly basis. When the monthly quota is oversubscribed, applications will be ranked according to; (i) shortage occupations in the first instance; (ii) whether the post requires higher academic qualifications; and (iii) applicant’s salary.

Migrants who are granted a certificate of sponsorship will have to make their applications in three months’ time.In relation to settlement a “new criminality threshold” has been introduced which will require applicants to be clear of unspent convictions.

Tier 1 and Tier 2 migrants submitting settlement applications “will need to meet the salary criteria that applied when they last extended their permission to stay.”

Applications for settlement which fail the minimum English language requirement will have their applications refused.

About Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Senior Partner, Khan & Co, Barristers-at-Law
This entry was posted in Article 8, Dependants, Entrepreneurs, Immigration Cap, Immigration Rules, PBS, Tier 1, Tier 2, UKBA, Uncategorized and tagged , , , , , , . Bookmark the permalink.

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