Immigration Changes April 2012 Employment-related settlement, Tier 5 and overseas domestic workers Students and Post-study work Bob Carey Senior HR Consultant

Tier 1 Tier 1 (Exceptional talent). Settlement rules will remain unchanged (i.e. can apply for indefinite leave to remain). Tier 1 (Exceptional talent). Migrants will also be able to extend their temporary leave as now. The Tier 1 (Post Study Work) route will close to new applicants on 5 April From 6 April 2012 a new Tier 2 (General) route will open to recent graduates A new Tier 1 (Graduate Entrepreneur) scheme will be introduced

Tier 2 – Right to settlement Minimum settlement pay threshold: either £35,000 p.a. or the appropriate rate for their job as set out in the UK Border Agency Codes of Practice, whichever is higher. Those in specified PhD level occupations and in shortage occupations will be exempt from the minimum £35,000 pay threshold, but must still be paid the appropriate rate. The new rules will be applied to those eligible to apply for settlement from April 2016 (i.e. those who entered the points-based system after the 6 April 2011)

Tier 2 – Temporary leave to remain All Tier 2 temporary leave will be capped at a maximum of six years (three years leave to enter plus three years extension). To prevent repeat grants of Tier 2 temporary leave, those who leave the UK will not be able to re-apply for entry clearance as a Tier 2 migrant until 12 months after their last leave as a Tier 2 migrant has expired ‘the cooling off period’

Applying for settlement For those applying for settlement they may do so after 5 years and before 6 years. They will need to continue to meet settlement criteria, which includes: –a test of the migrant’s knowledge of language and life in the UK, –to be free of unspent criminal convictions, –to have certification from their employer of continued employment. The government has yet to confirm whether dependants will also be required to meet knowledge of language and life in the UK tests at the time of application for settlement.

Tier 5 – duration of sponsorship Restrict internships, work experience/exchanges and youth exchanges to one-off stays of a maximum of 12 months. All other GAE schemes (sponsored researchers, fellowships and training schemes in the fields of science and medicine) will continue to attract up to a maximum 24 months' leave.

Tier 5- Paid business visitors New route for permitted paid engagements under the visitor rules. Permitted activities will include –visiting to give a lecture, –examining students, and –participation in or chairing selection panels. Entry will be restricted to one month. Visits of longer than one month to undertake paid activity will require sponsorship under Tier 2 or 5

Maintenance TierCategoryMain applicantDependant Tier 1Graduate Entrepreneurs £3,100 entry clearance £900 leave to remain £1,800 dependants of migrants who have been in the UK less than 12 months £600 all other dependants Exceptional talent Exempt Tier 2£900 (A rated sponsors may certify maintenance) £1,800 dependants of migrants who have been in the UK less than 12 months £600 all other dependants Tier 5Temporary workers £900 (A rated sponsors may certify maintenance) £1,800 dependants of migrants who have been in the UK less than 12 months £600 all other dependants Youth Mobility Scheme £1,800