The Home Office has announced the changes to the rules for Tier 2 migrants who are intending to settle in the UK from April 2016.
The changes will affect all applications made by Tier 2 Migrants applying for indefinite leave to remain.
The people who will be affected are for migrants in the following categories – Tier 2 (General), Tier 2 (Sportsperson) categories .
Tier 2 (General) and Tier 2 (Sportsperson) migrants wishing to apply for indefinite leave to remain will have to demonstrate that they are receiving either a gross salary of £35,000 per year or the appropriate amount for their job as set out in the Codes of Practice, which are published on the UK Border Agency website. Tier 2 (Sportsperson) migrants will also have to provide evidence from their employer to demonstrate that they meet the new minimum pay threshold.
There will be an exemption from the £35,000 minimum pay threshold for migrants who are sponsored in a job listed either on the PhD-level occupation list or the shortage occupation list at any point during the migrant’s sponsored employment. Such migrants will still need to meet the salary requirements published in the Codes of Practice for their particular job.
Tier 2 (Ministers of Religion) migrants will not be subject to the changes in respect of indefinite leave to remain.
The rules do not affect nurses who already have Indefinite Leave to Remain in the UK as incorrectly stated by some newspapers.
The affected migrants may still be able to switch to another immigration category. There will be options for migrants affected by these changes to try and pursue. It is therefore important for employers and employees to seek advice early on so that they can pursue all options that are available. RBM Solicitors are well placed to advise Tier 2 Migrants who will be affected by these new changes..


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