Important Changes to the Tier 1 & Tier 2 Visa Categories of the PBS
Some of the important changes will include: Tier 1 General •Initial leave to enter/remain is reduced from three to two years, with a three year extension subject to evidence that the individual is in highly skilled employment; •Applicants who are already in the UK under Tier1/HSMP will be able to rely on transitional arrangements; •Age - a threshold for the age category is extended to allow points to be claimed for those up to the age of 39; •Qualifications - reinstatement of points award for a bachelor's degree (30) with reduced points being awarded to a PhD holders (45); •Previous earnings - increase of the minimum threshold, points to be awarded for earnings above £25,000; •Additional salary band is introduced with a threshold of £150,000 (75 points to be awarded); •Professional qualifications appearing on the Points-Based Calculator (PBC) on the UKBA website are eligible for points according to the PBC results.
Tier 1 Post Study Work •Graduates of UK medical schools (doctors) are now able to switch to Tier 1 PSW category within 12 months of completing the Foundation Programme rather than graduation to allow them completion of speciality/GP training; Tier 2 / Work Permit •Prospective earnings - 25 points are be awarded for earnings above £32,000; •All non shortage occupations in Tier 2 General category attract 5 more points than in Tier 2 ICT (30 as opposed to 25 as ICT); •All applicants in non-shortage occupations have to score points in the prospective earnings category to qualify under Tier 2; •Applicants applying for a Tier 2 extension are automatically granted 50 points without the need for previous earnings test; •Rules on allowances will remain unchanged; •Changes of jobs within the same SOC code whilst in employment with the same sponsor don't require new application unless they fall into exceptions; •Change of employment applications are considered against the same criteria as initial application including a RLMT where applicable; •Intra-Company transfers are being split into 3 categories: Established Staff, Graduate Trainee and Skilled Transfer; •Leave to enter/remain under the Tier 2 ICT category as a Graduate Trainee and Skilled Transfer is for limited period only and migrants are not able to switch into different immigration category; •Tier 2 ICT will no longer leads to settlement.
The UK Government is currently reviewing the overseas earnings multipliers to ensure that they are up-to-date, further changes are likely to be introduced at the later stage.
Furthermore, the UK immigration authorities decided to implement a new category of the 'Highly Trusted Sponsor' under the Points-based System.
On 6 April 2010 this category will be introduced for Tier 4, however, later this year it will be extended to businesses.
Contact us as soon as possible if you are concerned or wish to know more on how the proposed changes might impact your immigration status and future options.