United Kingdom: Upcoming Immigration Changes in 2010
New Restrictions for Tier 2 Intra Company Transferees; New Internship and Work Experience Immigration Categories
United Kingdom: Upcoming Immigration Changes in 2010
This spring, the UK Border Agency (UKBA) is expected to introduce more stringent overseas employment requirements for new intracompany transferees and limit their ability to apply for permanent residence. The UKBA will also introduce new internship and work experience categories for foreign nationals and is also expected to loosen compliance requirements for foreign nationals who are promoted while working in the UK.
Following two reports from the Migration Advisory Committee, the United Kingdom’s independent advisor on migration issues, a number of changes to the UK immigration system are anticipated in 2010. In April, the introduction of new restrictions on intracompany transferees under Tier 2 of the Points Based System is expected. Also in April, the UK Border Agency (UKBA) is expected to introduce two new immigration categories for internships and work experience.
The UKBA is also expected to change its policy concerning the position of foreign workers who are promoted while working in the UK.
New Restrictions for Tier 2 (Intra Company Transfer)
The UKBA has confirmed that it will make two changes to the Tier 2 (Intracompany Transfer) category that are tentatively scheduled for implementation in April 2010. First, the minimum period of time a foreign national must work for his or her sponsoring employer overseas to qualify for intracompany status will be increased to twelve months, up from six. In addition, the UKBA intends on removing the ability of Tier 2 intracompany transferees to apply for permanent residence in the UK after five years of working in the UK.
Foreign nationals already residing in the UK in the Tier 2 intracompany transferee category will not be affected by these changes.
New Immigration Categories
The UKBA has also confirmed that it is tentatively scheduled to introduce two new non-work immigration categories in April 2010. The first new category will allow companies to offer internships to foreign nationals studying at foreign universities as part of the company’s recruitment process. The second category will allow companies to employ foreign nationals in global graduate and other work experience programs in the UK. Note that neither of these new categories will permit employment in a permanent position nor act as an alternative to a Tier 2 employment category.
New Policy Towards Promotions for Foreign Workers
The UKBA has also tentatively scheduled to change its policy concerning the position of foreign workers who are promoted while working in the UK. Currently, any significant change to the job of a Tier 2 worker must be pre-approved by the UKBA. Under the upcoming policy, which is expected be implemented in February 2010, companies employing foreign nationals under Tier 2 would only need to notify the UKBA of a promotion and not apply for pre-approval of the employment change, provided the promotion or other change of job can be considered a natural career progression.
The content of this alert is provided for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to ukcaseinitiate@fragomen.com.
Source: Fragomen
