Coming and staying in the UK is not only extremely difficult but is also a draining procedure confronted with many hurdles and obstacles, that have immensely increased since the tory government has been in power. A staggering 45000 plus new immigration rules have been implemented to affect all types of applications, from Entrepreneur Visa’s to the basic human rights applications, where the right to appeal has been stripped off completely. So what can be done? By seeking sound advice from professional solicitors some of these hurdles can be overcome, so be sure to go to solicitors who give genuine advice and steer away from those who sell advice and profit their pockets.
From 6 April 2016, all skilled workers from outside the EU who have been living in the UK for less than 10 years will need to earn at least £35,000 to settle permanently in the UK which probably is their one and only home. This change affects Tier 2 (general) worker, (minister of religion) and (sportsperson), all of whom will need to have been employed with a remuneration of £35,000 failing which their permanent residency application will fall for refusal.
Sponsorship remains at the heart of most applications made from outside the UK, especially under the points-based system. 55000 application for skilled migrant workers were made in the years up to March 2015, with UKVI only adding further hurdles.
As of April 2016, the employer sponsoring the Non-EU migrant must hold a licence to sponsor through which they would be certified as a licenced sponsor. The employer would then be able to issue a certificate of sponsorship to its potential employee.
The mere issue of the certificate of sponsorship does not entitle the employee to enter and in fact, they must also fulfil certain requirements before the application is made or is successful. The skilled migrant must have a skilled Job Offer which they must have accepted. The employee would be required to show they have sufficient maintenance funds for their survival in the UK, so as not to be a burden on public benefits.
The employee would also be required to pass an English language test showing they have sufficient command of the English language, regardless of whether their job role requires it.
The process although seeming simple is actually, in all honesty, a very rigid and unyielding process. The employee upon fulfilling all requirements would be granted with 30-36 months of valid leave to remain. The employee would be required to complete 5 years under Tier 2 category following which they would eligible to apply for indefinite leave to remain, providing their income is £35,000.
The employer would naturally suffer, if their highly skilled employee is not given permanent residency, as not all organisations are able to offer £35000 as remuneration. Employers are left to choose between two of the lesser evils; lose their employee or make a loss by offering remuneration they cannot afford. Is this fair?
What is even more unfair is that this tier 2 migrant worker would be asked to leave the UK if they are not meeting the income threshold and would be informed to resettle in their home countries from which they have been away the last 5 years of their life. They would be asked to drop their career, their children will be asked to remove themselves from their schooling and the family unit would be asked to relocate to a country where potentially they have no home, no income or any sense of livelihood. The Tier 2 migrant’s world is turned upside down.
What is the solution? The tier 2 migrant at this point would be required to seek honest advice from a leading immigration firm. Honesty and integrity are at the heart of immigration advice as any sort of legal advice can jeopardise the whole life of an individual and those attached to him, so be sure to go to a law firm that would empathise with you rather than con you financially.