uk immigration lawyers
uk immigration lawyers
 
Home / Blog

What changes can you expect for Tier 2 of the points based system from April 2017?

The Migration Advisory Committee (MAC) last year announced some intended changes to Tier 2 which are almost upon us. So that employers and employees alike are prepared, we summarise below expected changes as a result of the Statement of Changes HC 877. We also summarise some of the changes that will not take place, some of which will come as a relief to many. Finally, for what it is worth, we give our opinion on some of the changes and what they could mean to our clients and those that it affects. We have put these into FAQS to make for easier reading.

What is the Immigration Skills Charge?

From April 2017 the immigration skills charge will apply to all Tier 2 migrants applying to remain or enter the UK. For charities and smaller businesses, this skills charge will amount to £364 and for larger business this will be £1000.

What did employers and migrants have to pay for the Tier 2 General process before the skills charge?

Currently, if you employ an overseas migrant, there are the following fees;

Is the Immigration Skills Charge fair?

This is not a welcome change as it will make an already difficult process more difficult for migrants to find work in the UK. Whilst the change is not ideal, it does make exceptions which includes Tier 4 students switching from inside the UK to Tier 2, Tier 2 ICT Graduate Trainees and certain PHD occupations. It is these groups within Tier 2 that would have suffered most, especially Tier 4 students. When considered as a whole, the change is not half as bad as it could have been and so it is good to see that the government are trying to implement change with a degree of sense.

What changes are there going to be to Tier 2 (General)?

With Tier 2 General the job recruited for has to meet a certain threshold under the SOC codes. Each code has a salary threshold which is the minimum they must receive. The MAC report suggested changing this to £30,000 from April 2017. There are some education and health care professionals that will not have to earn this minimum threshold until July 2019, although the minimum £20,800 will still apply to them.

Nurses enjoy exemptions from the Resident Labour Market Test (RLMT) currently as they are on the “Shortage Occupation List”. However, this will change with the need for advertising to still take place despite the occupation staying on the shortage list.

 

Why does the job title for Nurses not move to the Standard Occupation Classifications?

This is a strange decision given the shortage occupation list is there to illustrate roles that are difficult to recruit for and so should not attract an advertising process like the “Standard Occupational Classifications”. Why would the government choose to keep Nurses on the shortage list if advertising is mandatory? Why not move them to the Standard list? Either way, this change is due to take place in April 2017 and there is not plausible reason we can offer for this change.

 

Will the Resident Labour Market Test still be exempt for Tier 4 students switching to Tier 2?

The MAC report covered the exemption that Tier 4 students currently enjoy when switching to Tier 2. Tier 4 students do not need to complete the Resident Labour Market test which the MAC report suggested should be removed. The government have mercifully chosen to not introduce this nonsensical change.

Tier 4 students that have chosen to move to the UK to study should be given some advantage in finding work. It is already difficult for them to find a Tier 2 visa given the associated expense. Had the decision been made to take this away, this would not have passed a positive message to the world. We should encourage bright students to stay in the UK if their talent justifies it. Employers should have an easy option employer Tier 4 migrants and that is what the RLMT exemption does which is, in our opinion, a good thing.

 

What changes will there be to Tier 2 (Intra Company Transfer)?

This category is going to take a substantial hit, although some changes are positive. The government are going to be removing the Tier 2 (ICT – Skills transfer) and Tier 2 (ICT Short-Term Staff) categories. I know that this has not been good news for many larger businesses, for example the Mail online.

The new ‘simplified’ category will have a single minimum threshold of £41,500 providing provisions mainly for senior managers and specialists.

The Tier 2 (ICT – Graduate Trainees) will be reduced to £23,000 with an increase from five to twenty allowable applicants.

The Tier 2 ICT higher earner threshold will also sensibly be reduced from £155,300 to £120,000. This allows for a longer term of residence in the UK which is up to 9 years.

All Tier 2 ICT migrants will now be subject to the IHS surcharge.

 

Has the government struck a fair balance and what do these changes show the world?

The government have targets to meet although the initial target has been revised. That said, we can continue to expect regular changes to restrict the system being abused. In some instances, the changes do not restrict abuse but instead encourage talent to leave the UK in search of employment in other developed nations. The government need to make sure that a balance is struck between restricting the rules and ‘putting off’ migrants and employers from going through the Tier 2 General process.

 

The team at Reiss Edwards consists of some of London's leading immigration lawyers. If you require expert legal advice on TIer 2 visa application, sponsor licence or CoS requests please call us on 020 3744 2797.

 

 

 

Related Categories:

Sponsor Licence

Tier 2 Sponsor Licence

Business Immigration

Reiss Edwards Reviews
5 out of 5 stars 130 Google+ Reviews
reivew immigration lawyer

Immigration Enquiry

subscribe to email and newsletters

Our Brochure

Reiss Edwards immigration lawyers brochure

Arabic Brochure
Reiss Edwards immigration lawyers brochure

Immigration related Testimonials

Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers london that we would be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
The Home Office refused my Tier 1 Entrepreneur extension application. This meant that my family and i would have to go back to Jordan and my business would close down. I needed a good immigration lawyer to put in a very strong appeal. I approached Reiss Edwards based on a friend's recommendation and they put together a very strong appeal. I read the grounds of appeal and I knew that this was a winner. A big thanks to Joe who worked tireless on my appeal.
I am glad that i instructed Reiss Edwards on my visa matter.

It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure.

To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me

A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative.

Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country.

The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
I have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed.

The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not.

At the end of the day, I have not received my British citizenship within 3 months.

If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
Fantastic Solicitors!!!

My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.

We followed everything they asked us to do and in the end we won our appeal and got our spouse visa.

We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question.

The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.
I contacted Reiss Edwards to help me with my wife’s UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.

Click to view all google reviews
I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.

Click to view all google reviews
Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them.

Click to view all google reviews
I used Reiss Edwards’ immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.

Click to view all google reviews
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service.

I would recommend them over and over again for anyone looking for an immigration advice.

They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.

Kind regards
Nancy Jacquard


 
facebook icon twitter google youtube rss feed sitemap
 

Copyright 2017 - Immigration Lawyers London | +44(0)20 3744 2797 | info@reissedwards.com | Map   | Reiss Edwards | Privacy Policy | Terms