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Acting to stop harm: the FCA and Appointed Representatives
James Alleyne
Following the publication of the Migration Advisory Committee (MAC)’s report on its review of the Tier 2 visa category in January 2016, the Home Office has now announced details of the changes it will introduce for the Tier 2 visa route. Despite fears that the restrictive measures recommended by the MAC would be followed in their entirety, it is to be welcomed that the government has adopted a more cautious approach in some areas and decided not to introduce some of the changes which would have been most damaging to businesses.
The changes will be introduced in two stages, with the first tranche to take effect in the autumn of 2016 (most likely with the October Rules changes) and the second tranche to be implemented with the April 2017 Rules changes. They are as follows:
Autumn 2016 changes
April 2017 changes
The devil will be in the detail with these measures but it will be a relief to those employers running graduate recruitment schemes that the government has decided not to introduce any restrictions which would jeopardise these schemes. Furthermore, the reduction in the high earner threshold to £120,000 will remove more migrants from the annual limit on Tier 2 (General) places, leaving more available for those earning lower salaries. In addition, with regard to those Tier 2 (ICT) migrants earning over £73,900, removing the requirement for 12 months employment overseas will make it easier for Sponsors to transfer these highly skilled migrants from its overseas offices to take up work in the UK at short notice.
There is a question mark over the 12 month cooling off period and how this will apply to those Tier 2 (ICT) migrants transferring to the UK for a short period, once the Tier 2 (ICT) Short Term route is closed in April 2017. Currently, Tier 2 (ICT) Short Term migrants are able to return to the UK under the Tier 2 (ICT) Long Term route without first having to spend 12 months overseas (known as the 12 month cooling off period). Will migrants needing to come to the UK for short periods continue to be exempt from the cooling off period if they are coming to the UK for three months or less and will this minimum period be increased if the cooling off period will continue to apply?
Also, the finer details of how the ISC will apply to Sponsors who are also paying an Apprenticeship Levy have yet to be crystallised and it is to be hoped that Sponsors will not be subjected to a double charge.
These are questions which we will be raising with the Home Office and we will keep you updated as and when the position becomes clearer.
Further information
Should you have any questions about the issues raised in this blog post please contact Nicolas Rollason or a member of our immigration team.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
James Alleyne
Lucy Bluck
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