Breaking the link between temporary and permanent migration
The UK Border Agency (UKBA) have announced a consultation on settlement which proposes stopping anyone on a temporary visa applying for Indefinite Leave to Remain (ILR).The purpose of the consultation is to break the link between temporary visas and permanent residence in the UK. The press release on the Home Office website says, ‘The current system has meant that almost anyone who has been working in the UK for five years is eligible to apply to stay permanently.
‘Launching a public consultation on reforms to the work routes leading to settlement today, the immigration minister also set out plans to re-classify visas as either ‘temporary’ or ‘permanent’ and introduce stricter criteria for those who want to stay.’
It is proposed the changes be introduced for ‘those entering the points-based system from April 2011’ which could mean they take immediate effect once decided on. In his Written ministerial statement - immigration (work and settlement) (PDF, 68KB), Damian Green says that ‘we intend the settlement reforms will affect those workers who entered economic migration routes under the Immigration Rules in force from 6 April this year and who, under the current system, could have expected to apply for settlement in 2016. The timing of reforms to Tier 5 and the overseas domestic worker routes will depend on the outcome of consultation, but we would anticipate them taking effect during 2012.’
Settlement applications made from April 2011 onwards may come under these new rules, even if they were submitted before 6 April 2011.
Permanent and temporary visas
The consultation suggests various methods of changing the route to ILR and permanent residence. In order to give migrants more time to make preparations for their departure from the UK - if they cannot get a permanent visa - the UKBA propose that migrants are informed after three years if they are able to achieve ILR.
Applicants would be allowed to extend their stay by two years - making it five years in total - whether or not they can hen go on to apply for ILR. By making a decision about migrants visas earlier in the process this gives migrants two years to finish their stay in the UK and prepare for their departure.
Under the proposed new system only migrants with ‘permanent’ visas would be eligible to apply for ILR. These visas would be:
- Family visas - principally partner/spouse visas. but also children, elderly dependents and relatives of people serving in HM Armed Forces
- Tier 1 investors, entrepreneurs and exceptional talents, and their dependents
- Exceptional Tier 2 (General) migrants who switch to a permanent route, and their dependents
- Tier 2 ministers of religion, sports people and their dependents
- EEA family members and dependents
- UK ancestry migrants and their dependents
- Visitors
- Tier 2 (intra company transfers) and their dependents
- Tier 4 (students) and their dependents
- Tier 5 (temporary workers, youth mobility) and their dependents
- Tier 1 (post-study work) and their dependents
- Domestic workers and their dependents
Key proposals
As well as breaking this link between temporary work visas and ILR, the consultation also proposes:
- letting people earning over £150,000 or doing jobs that have a specific economic or social value to the UK stay in the country permanently
- creating a new category to allow most exceptionally talented skilled workers to apply to stay after a three year period in the UK
- allowing skilled workers who do not switch into a settlement route, to stay for a maximum of five years on the basis that they will then leave the UK
Other proposals
Other proposed changes, noted in the consultation document (PDF, 690KB) include:
- capping the maximum period of Tier 1 temporary leave at 5 years
- classing all Tier 2 visas as temporary to prevent people going on to apply for ILR. If migrants do not switch categories they - and any dependents - will be expected to leave the UK after five years residence,
- increasing requirements for people who want to switch out of Tier 2, and possibly introducing a cap on the number allowed to switch
- introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement
- reducing the maximum period of leave for Tier 5 (Temporary workers) to 12 months
- removing the rights for Tier 5 (Temporary workers) to sponsor dependants and/or for their dependants to work
- raising the minimum skill level in the government authorised exchange sub-category to graduate level
- abolishing the route for overseas domestic workers in private households. If it is not abolished then restricting other rights such as the maximum length of stay, extension of stay, rights to change job, or sponsor dependants. Pre-entry requirements would also be strengthened
- 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
Consultation responses
The consultation has been launched today and will responses will be accepted until 9 September. You can respond online to the consultation at www.ukba.homeoffice.gov.uk/work-routes-consultation.
Alternatively you can contact the UKBA using the following details:
Work and settlement consultation
UK Border Agency
1st Floor, Green Park House, 29 Wellesley Road, Croydon,
CR0 2AJ
Email: .(JavaScript must be enabled to view this email address)
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