LS Legal Solicitors

Immigration Rules Changes - Tier 2 Route

Monday 16th September 2019

On 09 September 2019, the Home Office set out a number of changes to the Immigration Rules, in a document called a Statement of Changes. We have summarised the main changes for ease but do recommend that anyone applying under these categories should seek legal advice as to how the changes will impact them.

The majority of the changes will come into effect on 01 October 2019; however, some are due to come into effect on either 06 October 2019 or 01 January 2020.

Tier 2 Changes
There have been quite a number of positive changes to the Tier 2 route. Some of these changes include:

• The Shortage Occupation list has been expanded with professionals such as biological scientists and psychologists being added. In addition, companies wishing to offer digital technology jobs in the Shortage Occupation list will no longer need to meet strict conditions they previously had to satisfy. The main advantage of employing someone on the Shortage Occupation List is that employers do not need to carry on a Resident Labour Market Test. In addition, applicants are exempt from the earnings threshold when applying for Indefinite Leave to Remain (although they must still be paid the appropriate rate for the occupation). These changes come into force on 06 October 2019.

Please note, however, some professions have been removed from the Shortage Occupation list. Some salary rates have also been amended. Thus, we would recommend ensuring that any application made post 06 October 2019 meets the new requirements.

• The stringent restriction which saw Sponsors unable to sponsor skilled chefs if the restaurant offered a take-away service has finally been removed, meaning that restaurants who offer a take-away service may still sponsor chefs.

• PhD level occupations will be exempt from the annual limit on visas for skilled non-EU workers from 06 October 2019. This means that they will no longer require a Restricted Certificate of Sponsorship. Further, PhD level occupations and any absences from the UK for research, which is directly relating to their Tier 2 employment will not be counted as absences in an application for Indefinite Leave to Remain. The same applies to their dependant partners who accompany them in these circumstances.

• Changes have been made so that those who are absent from work due to sickness, statutory parental leave, assisting in a national or international humanitarian or environmental crisis or engaging in legal strike action may still apply for Indefinite Leave to Remain even if such absences cause their salary to fall below the required threshold.

• From 06 October 2019, jobs can be advertised on the gov.uk "Teaching Vacancies" for the purpose of carrying on a Resident Labour Market Test.

• An amendment is being made to Appendix B and Tier 2 (General) requirements to exempt doctors, dentists and nurses and midwives, when making a Tier 2 (General) application, from the English language requirements if they have already passed an English test accepted by the relevant professional regulatory body.

LS Legal Solicitors have established an outstanding reputation borne out of an impressive success rate in assisting both companies and individuals. Should you need assistance or guidance, please contact our firm on +44(0)2081445588, via email on info@LSLegaLUK.com or use the contact box to discuss your matter or make an appointment.