Every year on the 5th of April the changes to the Immigration Rule usually come into effect. Keeping a track of all these changes can be a tough task for many. One of the major changes to the Immigration rules this year is probably in the route to settlement. From 6 April 2016, those applying for settlement as being under the Tier 2 category under the point based system and who entered Tier 2 under the rules in force from 6 April 2011 must be earning at least £35,000 per annum. The changes will be introduced for indefinite leave to remain applications under the Tier 2 (General) visa category, and the Tier 2 (Minister of Religion) and Tier 2 (Sportsperson) visa categories.
These new rules on Tier 2 settlement will apply to anyone who entered or switched into Tier 2 category of the Points-Based System under the rules in force from 6 April 2011 and those who do not apply for or obtain settlement will have to leave the UK on expiry of their leave and wait 12 months before they can make a new application to return under the Tier 2 category under the U.K immigration law. This £35,000 threshold will be held at that level until April 2018. But for those who will be eligible to apply for settlement from April 2018 should be aware that the threshold will be reviewed to take account of wage inflation.
Tier 2 General migrants who are working in shortage occupations and also those Tier 2 General migrants in designated ‘PhD level’ occupations will be exempt from the settlement pay threshold. There was initially a lot of talk about the nurses being adversely affected by this change in the rules, however, as the occupation of nurses have been reinstated on the shortage occupation list they do not have anything to worry about.
Overall, after the completion of 5 years in the country if the applicants under the Tier 2 category who are not on the shortage of occupation list and are unable to show this high income threshold then they will have no option but to return to their home country.
If you need a U.K immigration lawyer and need assistance with any aspect of UK immigration law whether from inside the U.K or from overseas, contact Shalini V Bhargava of Aschfords Law in Harrow, London. Please contact us today on +44 (0) 7582932830 or visit our website on www.aschfordslaw.com.
Aschfords Law can also advise and assist with Family, Divorce and Children’s law, Wills & Probate, Landlord & Tenant, Residential and Commercial Conveyancing.
