Monday, February 13, 2012

Low-paid, skilled Indian migrants likely to be hit by new UK immigration laws

The policy speech by UK's immigration minister Damian Green last week has caused a flutter among many Indians, both in India and the United Kingdom (UK).


While Green did not make any big-splash policy statement, there were hints that further changes were in the offing in the points-based immigration system. The changes would depend on the recommendations of UK's Migration Advisory Committee (MAC).

"Recently the Migration Advisory Committee published a fascinating study about how we calculate the costs and benefits of immigration...Economists across government will be considering the MAC's assessment in detail over the coming weeks," Green said in his speech.

One of MAC's findings was that the cap on Tier 2 skilled-immigrant visa limit was not reached.

In fact, it is estimated that only half the available numbers will be used up. Given this trend, what is worrying for many Indians is that the cap may be reduced.

Clarifying the issue, a spokesperson of the UK High Commission in Delhi said: "The UK has been operating a numerical limit on Tier 2 applications in 2011-12.

During this time, the allocation of Tier 2 certificates of sponsorship has not been fully met each month. The government has asked the MAC to review the numerical limit for 2012-13 and other aspects of migration by skilled workers."

For a Few Pounds More

Two of the important changes that have been announced by Green are a threshold salary range of between £31,000 and £49,000 annually for those Tier 2 immigrants who seek permanent leave to remain in the UK when they become eligible and an income range of between £18,600 and £25,700 for those UK citizens who want to sponsor their foreign spouses for settling in the country.

Kamal Rahman, partner, immigration group, of London-based law firm Mishcon de Reya Solicitors, doesn't see too much cause for concern among Indians on either of the two clauses.

"£25,700 to bring in a foreign spouse and between £31,000 and £49,000 to obtain indefinite leave to remain are unlikely to hit Indian immigrants. Indians are increasingly highly educated and therefore involved in higher-value jobs," she said.

Though the new rules may not have a big impact on British businesses, they highlight the tight labour market conditions in UK for immigrants from outside the European Union (EU).

According to Chandigarh-based immigration lawyer Ranjit Malhotra, a lot of highly skilled jobs are taken care of by the free movement of talent within the EU.

"Largely, it is the changed market conditions in the UK and EU that are reflected in the immigration rules which are unlikely to have an adverse impact on UK businesses," he said.

indiatimes.com

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