First annual limit on non-EU workers came into force on 6 April 2011 to reduce immigration into the UK
07 April 2011
The first major change to reduce immigration into the UK by the coalition Government came into force on 6 April 2011, as the government’s new annual limit on migration comes into force. This, along with radical changes recently introduced to the student route and plans to tackle permanent settlement, is aimed at stangling net migration to the UK back down to the tens of thousands from previous levels.
Under the annual limit, employers will be able to bring only 20,700 people from outside the EU to work in skilled professions under Tier 2 (General) of the points-based system. A further 1,000 visas will be made available to people of ‘exceptional talent’. The 1,000 exceptional talent visas will be given to those who the British Government believes will make the biggest contribution to science and the arts in the UK.
Immigration Minister Damian Green said:
‘The annual limit will not only help reduce immigration down to sustainable levels but will protect those businesses and institutions that are vital to our economy. The new system was designed in consultation with business. We have made clear that as the recovery continues, we need employers to look first to people who are out of work and who are already in this country. We are overhauling all routes of entry to tackle abuses, make the system more effective and bring net migration back down to the tens of thousands.’
The Intra Company Transfer route (ICT), which is not part of the annual limit, will also be changed in 3 ways:
- the job will have to be in an occupation on the graduate occupation list;
- only those paid £40,000 or more will be able to stay for more than a year – they will be given permission to stay for 3 years, with the possibility of extending for a further 2 years; and
- those paid between £24,000 and £40,000 will be allowed to come to the UK for no longer than 12 months, at which point they must leave the UK and will not be able to re-apply for 12 months.
Also, from 6 April 2011, Tier 1 of the points-based system has been restricted to all but entrepreneurs, investors and people of exceptional talent as the old Tier 1 (General) category has been completely abolished. The Government claims that the previous system was subject to abuse but critics remain unconvinced.
The ‘Exceptional Talent’ route will be open to current and prospective leaders in the fields of science, engineering and the arts.
Under the new visa rules for investors, those who invest large sums of money will see their right to settle permanently in the UK speed up. Those who invest £5 million will be allowed to settle here after 3 years, and those investing £10 million or more will be allowed to settle after 2 years. This compares with the minimum 5-year requirement that is currently in place. Entrepreneurs will also be able to settle in the UK more quickly, if they create 10 jobs or turn over £5 million in a 3-year period.
In addition to these changes, new rules for settlement and asylum will also come into effect today.
The changes to the settlement criteria include:
- a clearer criminality requirement for all applicants;
- a new income requirement, and reform of the English language requirement, for those on work routes.
Further details of the changes to settlement are as follows:
Skilled and highly skilled migrants must now pass the Life in the UK Test if they want to demonstrate that they have met the knowledge of language and life (KOL) requirement for settlement in the UK.
This new requirement affects applicants for settlement who are in the following immigration categories:
- Tier 1 (Exceptional talent)
- Tier 1 (General)
- Tier 1 (Entrepreneur)
- Tier 1 (Investor)
- Tier 2 (Intra company transfer)
- Tier 2 (General)
- Tier 2 (Minister of religion)
- Tier 2 (Sportsperson)
- work permit holder
- highly skilled migrant (excluding those covered by the HSMP ILR Judicial Review policy document)
- representative of an overseas newspaper, news agency or broadcasting organisation
- representative of an overseas business
- overseas government employee
- minister of religion, religious missionary, or member of a religious order
- airport-based operational ground staff of overseas-owned airlines
- person intending to establish themselves in business
- innovator
- person intending to establish themselves in business under the provisions of EC Association Agreements
- investor
- writer, composer or artist
From 6 April 2011, migrants in these categories can no longer meet the KOL requirement by passing an English for Speakers of Other Languages (ESOL) qualification, unless they are applying for settlement under the transitional arrangements (see below).
The Knowledge of language and life in the UK page contains more information about the KOL requirement for settlement. To find out more about the test, visit the Life in the UK Test website.
Transitional arrangements for skilled and highly skilled migrants
If you are in one of the above categories, and you enrolled on an ESOL course or gained an ESOL qualification before 23 November 2010, you can rely on that ESOL qualification in any applications for settlement, regardless of the date of your application.
If you enrolled on an ESOL course on or after 23 November 2010, you will need to pass the Life in the UK Test if they apply for settlement on or after 6 April 2011