On 9 June 2011, the Home Secretary published a consultation on how those who come to work in the UK under Tiers 1 and 2 may be granted indefinite leave to remain (also known as 'settlement'). The consultation also looks at Tier 5 and overseas domestic workers.
Immigration minister Damian Green said:
'The proposals I am making today are aimed at breaking the link between temporary and permanent migration. Settlement has become almost automatic for those who choose to stay. This needs to change.'
As part of the government's strategy of reducing net migration from the hundreds of thousands to the tens of thousands, the government now intends to be more selective of those who are able to stay. The consultation also reviews the routes by which migrants can enter the UK to work and then apply for settlement, other than through Tiers 1 and 2 of the points-based system. This includes Tier 5 (temporary workers and youth mobility), overseas domestic workers in private households and UK ancestry.
The government proposes that Tier 1 will only give an entry to settlement for investors and entrepreneurs. The government recently implemented changes for Tier 1 (General) migrants to demonstrate, as part of the settlement application process, that they continue to meet the Tier 1 salary requirements and pass a new criminality test.
The government also believes that Tier 2 should, in the future, be regarded as a temporary and not a permanent migration route. The government will consult on allowing certain categories of Tier 2 migrants, including those who are earning over £150,000 or occupations of a specific economic or social value to the UK, to retain their right to indefinite leave to remain, or settlement.
In addition, the government will consult on creating a new category into which after three years in the UK, the most 'exceptional' Tier 2 migrants may switch to, then apply for settlement and those who do not switch can only stay in the UK for a maximum of five years. The government intends for the UK Border Agency to apply robust selection criteria to those Tier 2 migrants who wish to switch; and then to introduce a limit on the total number of migrants allowed to move into this new immigration category.
The consultation considers restricting the maximum period of leave in Tier 5 (temporary worker) to 12 months, although they propose no changes to the Tier 5 (youth mobility category).
By Ben Sheldrick, partner, Magrath LLP.
E-mail: ben.sheldrick@magrath.co.uk.
