Lawyers must fix the problems with gagging orders before it is too late
What changes have been implemented?
The changes to the Immigration Rules mean that Tier 1 (General) migrants can no longer extend their leave to remain after 5 April 2015 or apply for indefinite leave to remain (“ILR”) in the UK after 5 April 2018.
When it opened in 2008, the Tier 1 (General) category was announced as a way to attract the best and the brightest to the UK. Shortly after their election, the current government set about closing the Tier 1 (General) route and it was completely closed to new applicants after April 2011.
Unfortunately it seems that being the best and the brightest is no longer quite good enough. The UK Government now favours migrants who are exceptionally talented and or exceptionally wealthy.
The scheme has been closed to new applicants since 2011, why does this matter?
Migrants who have had over 180 days of absences from the UK in the last year may not qualify for ILR in 2018 and may have to leave the UK. Over 20,000 Tier 1 (General) migrants applied for further leave to remain in 2012 alone, which indicates that these changes will impact a large number of people.
Who will this impact?
The biggest impact will be on professionals who travel frequently with their work, the very people the Home Office was trying to attract to the UK in the first place. If the scheme was left open for only one additional year, migrants would have sufficient notice to reduce their absences and meet the requirements for ILR in the five years prior to the closure of the scheme.
Self – employed migrants need to be cautious when applying for further leave or ILR coming up to the closure of the category. Since the introduction of the genuine earnings test, it is no longer sufficient for migrants who draw a salary from their own business to simply provide their payslips and bank statements to evidence their earnings. The migrant now needs to satisfy the Home Office that the earnings are “genuine”, which can involve significantly more paperwork and in some instances an interview.
What are my options?
Unfortunately the options available to those who find themselves unable to apply for ILR are limited:
What could the Home Office have done differently?
The timing of the changes has given migrants insufficient time to address any excess absences and limited options should they find themselves unable to apply for ILR by April 2018. The final closure of the scheme could have been implemented in a fairer manner, had a few small concessions been made:
As the rules stand, it seems that migrants really do need to be at their best and brightest to find a solution to stay in the UK.
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