明年4月后大学毕业生转Tier 2 工签及Tier 2定居权利的可能移民政策

归档 PSW
#1

转发：明年4月后英国大学毕业生转Tier 2 工签有可能不包括在tier 2 的限制名额内，以及Tier 2工签持有人权利的可能移民政策 - 祥见如下，仅供大家参考

23-03-2011

in case any of this is new, and you think it worth circulating

I went to another Westminster Legal Policy Forum seminar this morning - Immigration - assessing the impact of new legislation - fortuitously very well timed.

Main bits of interest - Glyn Williams of the UK Border Agency saying that the implementation of the Tier 4 changes would be over the next 18 months, that after Easter they will announce reviews of Tier 5 and of overseas domestic workers and of the rights of Tier 2 migrants to settle, and of the ‘family routes’, all in the context of cutting down numbers who may be able to settle. Then in the autumn, a review of the next year’s limits on Tier 2. He also said that the first month’s tranche of the cap will be decided on 11 April 2011, and the sponsors are not pre-allocated, unlike the temporary cap.

He made it clear that it was the lack of regulation of private colleges which was the reason they were not going to be Highly Trusted, he said that about 1200 colleges currently on the register are not subject to inspection and in future all sponsors would have to be audited.

He confirmed there will be no new Post Study Work visas granted after April 2012, but UK graduates would be able to switch into Tier 2, and would not be considered towards the cap. There will be yet another Statement of Changes in immigration rules next week about the English language and accreditation requirements, so colleges know this soon & are able to plan.

I asked about family members, of students & others, he says they are satisfied that there is no Article 8 right to family life for students, who can just decide not to come to the UK to study, and that there had been a trend of male dependants of Indian subcontinent female students doing low-level courses. On family he said ‘Article 8 looms large’ but they are thinking of measures against sham and forced marriages, as well as promoting social cohesion and not being a burden on the state.

Keith Vaz said the Home Affairs Committee had rushed out its report expecting the Statement of changes the next day, he had found different views in different govt depts - BIS, FCO - on whether they wanted to encourage students or not (Glyn W said no conflict in govt…), that the Committee is asking the Home Office to provdie it with quarterly reports in more areas than legacy, they are interviewing Jonathan Sedgwick next week, and Helen Ghosh the week after.

Otherwise, different views on statistics from Christian Dustmann, Jonathan Wadsworth, Jonathan Portes, Will Somerville and Andrew Green, on migration and population, Habib Rahman on family & human rights, Philip Barth on the possibility of challenges by sponsors if their licences are revoked - suggesting a sponsor licence is a ‘possession’ so you need to have ‘peaceful enjoyment’ of it and any revocation must be proportionate.

#2

Thanks for a very good and relevant insight.
So the upcoming consultation is not just on T2 work and marriage routes but also on T5 and domestic workers, very interesting indeed since, as far as I know, many aussies/kiwis and Filipinos would certainly be concerned.
I also have this funny feeling that there might be a ‘conspiracy’ going on behind this. it feels like that, in the long run, the gov is trying to make it very hard for T2 General migrants to settle in every way they can, in an extreme case, it could mean more service years or even no right to settle at all for new applicants in the future. As to the new T2 Switchers from April 2012, thruough student route, it seems that they’ll only be there to subsidise the lack of T2 General temporarily and would certainly find it very hard,after 2 years if given, to get onto T2 General ladder,let alone to settle. Therefore all in all, the non EU migrants number would drop as what Tory planned but it’ll be very unlikely to meet Tory’s target by 2015 in their pledge.

On a bright side,however, it looks like there’s unlikely a great and sudden impact that would happen soon to those who are already close to settle.

personal opnion above and all other opnions welcomed

#3

Thank you too for your comments.

Indeed, I totally agree with your opinion. What my reading from the recent announcement and upcoming consultation is that the government is absolutely determined to make the non EU migrants to be under controllable and manageable level of tenth of thousands not hundreds of thousand in the coming years, only allow those who are exceptionally talented and those with a lot of money (1 million, 5 million and 10million pounds) to stay as those could make significant contribution by injecting funds to the UK economics that we, British, need so much under current economics circumstances. Route to settle via Tier 2 would eventually and completely be shut down as those who can earn over 150,000.00 pounds per year are not included in Tier 2 cap, but those who are included must earn a certain amount of salary in order to contribute a decent tax to the authority with a right of temporary stay.

PSW is confirmed to be over from the April 2012, however, it is also confirmed that the UK graduates (it must also include overseas students who will have studied and graduated in the UK) are able to switch to Tier 2 that will not be considered to Tier 2 cap, the restriction under it is that only employer who holds the Sponsorship licence is able to do so and must pay a minimum wage of 20000 pounds per year. My assumption to this is that the scheme is similar to the old days of two years training work permit, then it became two years PSW visa, however, the difference among them is that the legal liability will be passed on to the employer who must comply its legal duty with the HR requirements by the UKBA, therefore, the UK education will still be attractive to international students after PSW cancellation. It was suggested to give 6 months visa to UK graduates for them to look for job, suppose that those students would have to return where they come from if they would not be able to do so within 6 months period, not two years in the current PSW scheme.

The above mentioned are only my personal opinion for discussion. More opinions and comments are more than welcome.

#4

Glad to see we’re on the same page here. I actually read the ‘6 months’ job-seeking grace period’ suggestion on the FT the night before Theresa May’s speech, during which I noticed that she gave absolutely NO details on the length of the new visa category, and I subsequently presumed,as you might have read in my other posts, that an international graduate would have to get hold of a valid offer before their student visa expires, then apply for a temporary work permit before they can try their luck on T2 General. Now come to think again on what you just said about the proposed '6 months’, in reflection to the news from FT and the Guardian, this approach does simplify some issues but I’m still wondering what the details of this alledged 6 months would be,
i.e.
a. Are students still paying nearly £600 just to get the much shortened and diluted ‘Job Seeker’s visa’
b. What are the conditions on work entitlement? - Almost any job like before but can only be switched to T2 when it expires after 6 months? (Would also assume can switch to dependent/spouse visa provided applying in home country)
This is then certainly not only going to be very effective to reduce the impact on lower skilled labour market but also to put off many student to follow the new route due to the high costs and lack of value of opportunity IMHO.

If looking into other side in the above scenario, it seems to me that the emerge of this new skilled labour pool would give employers some incentive to hire more of newly graduates than proper T2 migrants for the similar job posts as there’s NO COS hassle and competition would drive wages down. Please also bear it in mind that May did say they would keep a close eye on the numbers of the switchers on a regular basis and appropriate measures including a cap would be addopted if necessary. So this would definitely help the Govt to reduce T2 migrants with COS gradually and replace them with T2 migrants without COS and possibly without right to settle either. Therefore all back to my ’ conspiracy’ theory again.
Bloody sneaky, isnt it?:@

#5

Me too, thanks.

Well, frankly I have no idea on details how they would implement if 6 months suggestion would be adopted by the UKBA. It was suggested by the Migration Advisory Committee (MAC) on their recent report (if I do not remember wrongly), I therefore would think that the UKBA might like to consider while it is also a reasonable time for the graduates to breath after few years or a year intensive study, either looking for a job or spending money on our economy.

Absolutely, big business always need ‘talented and skilled young graduates’ who also need them in return for working experiences while the cost for running a business could be much reduced by hiring those talented and skilled graduates with a minimum wage of £20,000 that looks very decent for many overseas graduates, but would local talented and skilled UK graduates take same salary by working for such big institutions like investment banks, accountancy firms or law firms and so on?

Bearing in mind, highly talented and skilled graduates would most likely to find such positions to work, as they are great benefit for big business, only majority of ordinary graduates will have to leave when 6 months equivilent PSW visa runs out after having spent much of their money.

My assumption is that the critia of requirements for 6 months visa (if it would become a fact) would not change much, it should still be in line with what is required for current PSW visa.

Bloody sneaky?! Absolutely and totally agreed.