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UKBA aims to reduce Indefinite Leave to Remain Applications

UK Border Agency plans to reduce the number of immigrants who can apply for permanent residence

15 June 2011

The British Government has announced a number of proposals aimed at cutting the ties between many immigration routes and eventual settlement known as indefinite leave to remain in the UK.

The UK Border Agency says that “Migrants coming to the UK to work on temporary visas will no longer be able to apply for settlement, under proposals announced by the government “.

The Government has launched a consultation that would classify a number of immigration routes as either “temporary” or “permanent” and will also make it more difficult for immigrants to extend their visa whilst in the UK.

Damian Green, the Immigration Minister said “The proposals I am making today are aimed at breaking the link between temporary and permanent migration”. “We want the brightest and best workers to come to the UK, make a strong contribution to our economy while they are here, and then return home” he added.

The key proposals announced by the Government include:

• re-branding Tier 2 for skilled workers as a temporary visa and removing the option for automatic settlement after a number of years

• allowing certain categories of Tier 2 migrant such as those earning over £150,000 and those in occupations of a specific economic or social value to the UK, to retain an automatic route to permanent residence and settlement

• creating a new category into which, after three years in the UK, the most exceptional Tier 2 migrants may switch and go on to apply for settlement

• restricting Tier 2 migrants who do not switch into a settlement route to living in the UK for a maximum of five years and requiring them and any dependants will leave at the end of that time

• introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement

• restricting the maximum period a Tier 5 Temporary Worker (Youth Mobility Scheme) can stay to 12 months

• closing or reforming routes for overseas domestic workers

Immigration to the UK is becoming more difficult under the UK Coalition Government for skilled workers and students. The Tier 4 student visa route has been revamped and made tougher. An annual immigration cap has been put in place for skilled immigration and the UKBA has announced that a consultation on restricting family immigration will take place at a later date this year. If you have any queries or concerns about your immigration future in the UK contact a member of our immigration team on 020 8401 7352 for a free 30 minute telephone consultation.