Last year, the UK Government announced number of changes to the UK Immigration Rules which are due to come into effect this year. The major changes that have been announced are the following: -

Changes to the Tier 2 (General)

 

The following changes are to be implemented under this category from April 2017: -

  • The minimum salary threshold for Tier 2 (General) migrant will increase to £30,000;
  • A change to the rules around advertising via a milkround will be introduced to close a loophole in which a sponsor can offer a job to a migrant 4 years after carrying out a milkround, without the need for a further recruitment search. Sponsors can continue to rely on a milkround which ended up to 4 years prior to assigning a Certificate of Sponsorship, but only providing the migrant was offered the job within 6 months of that milkround taking place;
  • There will be extra weighting within the Tier 2 (General) limit where the allocation of places is associated with the relocation of a high-value business to the UK or, potentially, supports an inward investment. The resident labour market test will also be waived for these applications.
     

Changes to the Tier 2 (Intra-Company Transfer (ICT))

From April 2017, the following are the changes that will be implemented to the Tier 2 (ICT): -

  • All Intra-Company Transferees will be required to qualify under single, streamlined visa category with a minimum salary threshold of £41,500 with the exception of Graduate Trainee category;
  • Applicants under this category will be permitted to remain in the UK for up to nine years if earning £120,000 (the current level is £155,300);
  • Tier 2 Intra-Company Transferees paid over £73,900 will not need one year’s experience working for a group company overseas.

 

New English Language Requirement for family route applications

From 1 May 2017, the English Language requirement for non-EEA partners and parents will be changed to Level A2 of the Common European Framework of References for Languages.  This change was announced in November 2016, in order to provide applicants with the time to improve their English language ability to this higher English language requirement.

The new English language requirement will affect all applicants who will be applying to extend their stay after 2.5 years in the UK on the 5-year route to settlement. It will apply to all partners and parents whose current leave under the UK Family Migration rules is due to expire on or after 1 May 2017.

Introduction of the Immigration Skills Charge

From April 2017, the charge will be levied on Tier 2 employers at a rate of £1,000 per certificate of sponsorship per year. (A reduced rate of £364 will apply to small and charitable sponsors, as defined by the Immigration and Nationality (Fees) Regulations.) The Intra-Company Transfer Graduate Trainee category and those switching from a Tier 4 student visa to a Tier 2 visa will be exempt, as will PhD level occupations.

Changes affecting Medical and Teaching Professionals 

From 6 April 2017, the sponsor will need to ensure that those employees applying to work in the UK under particular SOC codes have checked whether they are subject to a new requirement to produce a criminal record certificate as stipulated under Paragraph 320(2A) of the Immigration Rules. This applies to individuals who are aged 18 and above and are applying from any country in which they have been residing for 12 months or over, consequently or cumulatively in the past 10 years. At present, the affected SOC codes are predominantly within medical and teaching professions.