UK to introduce tougher settlement laws

Saturday, 11 June 2011 00:00 - - {{hitsCtrl.values.hits}}

The UK Government announced yesterday that under the new proposals, migrants coming to the UK to work on temporary visas will no longer be able to apply for settlement.

Launching a public consultation on reforms to the employment routes leading to settlement, Immigration Minister Damian Green set out proposals to classify visas as either ‘temporary’ or ‘permanent’ and introduce stricter criteria for those who want to stay in the UK, a statement from the British High Commission said.

According to the statement, Immigration Minister Damian Green had noted: “The proposals I am making today are aimed at breaking the link between temporary and permanent migration. Settlement has become almost automatic for those who choose to stay. This needs to change. The immigration system has got to be made to work properly. We want the brightest and best workers to come to the UK, make a strong contribution to our economy while they are here, and then return home.”

The British Government is implementing reforms to the immigration system which will reduce the level of immigration to sustainable levels. Yesterday’s announcement is the next step in this process.

Under the current system, many workers are allowed to apply to stay in the UK permanently. In 2010, 84,000 people who entered the UK for employment were granted settlement. This compares to fewer than 10,000 who qualified for employment-related settlement in 1997.

It has already implemented new settlement requirements for skilled workers entering under Tiers 1 and 2 of the points based system, which require applicants to demonstrate English-language proficiency, continue to meet the salary requirements and to pass a new criminality test.

“A small number of exceptional migrants will be able to stay permanently but for the majority, coming here to work will not lead automatically to settlement in the UK.”

The British Government has committed to reforming all routes of entry to the UK in order to bring immigration levels under control. The settlement, Tier 5 and overseas domestic worker reforms will work alongside the annual limit for employment visas and the recent student visa reforms. The government will consult on changes to the family route later this year.

Key proposals under consideration in the 12 week consultation

Re-branding Tier 2 (the skilled worker route) as temporary, ending the assumption that settlement will be available for those who enter on this route
Allowing certain categories of Tier 2 migrant, for example those earning over £150,000 or occupations of a specific economic or social value to the UK, to retain an automatic route to settlement
Creating a new category into which, after three years in the UK, the most exceptional Tier 2 migrants may switch and go on to apply for settlement
Allowing Tier 2 migrants who do not switch into a settlement route to stay for a maximum of five years with the expectation that they and any dependants will leave at the end of that time.
Introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement.
Restricting the maximum period of leave for Tier 5 Temporary Workers to 12 months.
Closing or reforming routes for overseas domestic workers.