www.pwclegal.co.uk Statement of changes March 2014 On 13 March 2014 a set of changes to the Immigration Rules, due to come into force on 6 April 2014 unless otherwise indicated, was laid before Parliament. The changes most relevant to business are set out below. Tier 2 Skilled Workers New five year Tier 2 visa Migrants making applications under the Tier 2 (Intra-Company Transfer) and Tier 2 (General) categories of the Points Based System (PBS) can be granted leave for an initial period of up to five years (instead of the current initial limit of three years). This new five year visa will incur higher application fees than the standard three year visa. It is important to note that migrants can still only be granted immigration permission in line with their contract of employment or assignment. Accordingly, this five year visa may only be suitable for migrants with permanent contracts. Changes to financial thresholds In accordance with the Government’s commitment to revise the minimum salary thresholds for each of the Tier 2 categories in line with wage inflation on an annual basis, the revised salary thresholds are shown in the table on the right. Where a Certificate of Sponsorship has been assigned prior to 6 April 2014, the entry clearance application will be decided in accordance with current rules (even where a decision on the application is made after 6 April). Changes to SOC Code minimum salary thresholds The minimum salary thresholds applicable to Standard Occupational Classification (SOC) Codes are also changing from 6 April 2014. There have been increases as well decreases in the salaries for some of the SOC codes, which again, is in line with the Government’s commitment to review these on an annual basis. Your PwC caseworker will advise on the new minimum salary thresholds, where applicable, on a case by case basis. Change of SOC Code for extension applications On 6 April 2013 the Home Office changed their list of SOC Codes from the SOC 2000 Category Criteria Tier 2 (General) system to the SOC 2010 system. As part of this change they reclassified a number of SOC Codes. Where a migrant is making a Tier 2 extension application and is continuing to undertake the same role as stated on their initial Certificate of Sponsorship (CoS), they can extend their immigration permission within a more appropriate SOC Code without their sponsor having to undertake the Resident Labour Market Test (RLMT). This is only applicable where the change of SOC Code is required as a result of the SOC reclassification and not due to a change in the migrant’s role. Current Threshold New Threshold Jobs which qualify for Tier 2 (General) £20,300 £20,500 Tier 2 (General) Jobs which are exempt from advertising in Job Centre Plus (or Jobcentre Online if the job is based in Northern Ireland) £71,000 £71,600 Tier 2 (General) Jobs which are exempt from the annual limit and the Resident Labour Market Test £152,100 £153,500 Tier 2 (IntraCompany Transfer) Jobs which qualify for the Short Term Staff, Skills Transfer or Graduate Trainee categories £24,300 £24,500 Tier 2 (IntraCompany Transfer) Jobs which qualify for the Long Term Staff category £40,600 £41,000 Tier 2 (IntraCompany Transfer) Jobs which qualify for transfers of up to 9 years £152,100 £153,500 Tier 2 (General) and Tier 2 (Sports-person) Earnings which qualify for settlement £35,500 (for £35,800 (for settlement settlement applications applications made on or after made on or after 6th April 2018) 6th April 2019) PricewaterhouseCoopers Legal LLP Maintenance Thresholds The thresholds for maintenance funds are being updated, and will come into force on 1 July 2014. The revised maintenance thresholds are as shown in the table on the right. Tier 1 (General) category The Home Office has indicated their desire to close the Tier 1 (General) category for extension applications (it has been closed for new applications since April 2011). Therefore this will prevent individuals extending under this category indefinitely. Accordingly, migrants holding Tier 1 (General) status must submit their final extension applications by 6 April 2015, and if eligible, submit their settlement applications by 6 April 2018. Category Existing Level of Funds Required New Level of Funds Required Tier 1 (General), Tier 2 Migrants and Tier 5 (Temporary Worker) Migrants £900 £945 Dependants of Tier 1, 2 and 5 Migrants £1,800 for dependants of Tier 1 (General) migrants who have been in the UK for less than 12 months £1,890 for dependants of Tier 1 (General) migrants who have been in the UK for less than 12 months £600 for all other applicants £630 for all other applicants Tier 5 (Youth Mobility Scheme) £1,800 Migrants As always, if the screening detects evidence of TB, the applicant will be required to undertake treatment and have further screening before any entry clearance application can be made. Dependants Other Changes It has been confirmed that dependant children of those who were granted indefinite leave to remain (ILR) (also known as settlement or permanent residence) on the basis that they were PBS migrants can apply for further temporary immigration permission if they are not eligible to apply for ILR themselves. For example, this may be because they are unable to meet the Knowledge of Language and Life in the UK requirement or because of a minor criminal conviction. Tuberculosis Screening requirement The Home Office are continuing to expand their pre-entry Tuberculosis (“TB”) Screening initiative. From 31 March 2014, migrants from Algeria, Belarus, Bhutan, Burma, Iraq, Sri Lanka and Ukraine who will be applying for immigration permission to enter the UK for more than 6 months will be required to undertake TB screening from an approved clinic and obtain a certificate confirming they are free from infectious TB. This certificate is a mandatory document that should be included with the supporting documents submitted with their application, and produced upon entry into the UK. • The definition of “working for the same employer” has been expanded to include those migrants transferred to the sponsoring employer by way of a TUPE transfer, or corporate restructure; £1,890 Summary Please note that these changes are due to come into force on 6 April 2014, unless otherwise indicated, and may be subject to further amendment prior to implementation. Should you wish to discuss these changes and their impact on your business please contact your PwC Legal contact who would be pleased to advise further. Contacts • Currently, Tier 1 (Investor) migrants must invest their funds within 3 months of entering the UK. The Home Office now allow for a period of extension under limited circumstances; for an extension to be granted there must be exceptionally compelling reasons for the delay which are unforeseeable and outside of the Investor’s control. Investors who do not invest within 3 months of entering the UK may still have their leave curtailed, and will have to wait longer before they become eligible to apply for settlement. Julia Onslow-Cole Partner 020 7804 7252 [email protected] Jurga McCluskey Partner 020 7804 4777 [email protected] Lindsey Barras Senior Manager 020 7212 1362 [email protected] Anjali Greenwell Senior Manager 020 7212 3357 [email protected] Stephan Judge Senior Manager 020 7212 1094 [email protected] Frederique Montalti Senior Manager 020 7212 4340 [email protected] James Perrott Senior Manager 020 7213 2681 [email protected] This publication has been prepared for general guidance on matters of interest only, and does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication, and, to the extent permitted by law, PricewaterhouseCoopers Legal LLP, its members, employees and agents do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this publication or for any decision based on it. © 2014 PricewaterhouseCoopers Legal LLP. All rights reserved. PricewaterhouseCoopers Legal LLP is a member of PricewaterhouseCoopers International Limited, each member firm of which is a separate legal entity.