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How will the new ‘minimum salary for residency’ proposals affect you? | Immigration Matters

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Following yesterday’s announcement by the UK Immigration Minister, Damian Green, that under new proposals migrants seeking permanent settlement, or Indefinite Leave to Remain, will be required to earn between £31,000 and £49,000 per annum, Immigration Matters has been inundated with questions from worried work permit holders such as Senior Care Workers, Nurses and Domestic Workers.

Mr Green also announced that he wanted to break the link between temporary and permanent migration and look at the way courts interpret the human right to family life, which he said has led to a “ridiculous and damaging situation” and risks a “dangerous” stand off between parliament and judges.

The government is also proposing to set a minimum income level for any sponsor seeking to bring in a foreign spouse – and said the recommended level was between £18,600 and £25,700.

The news will be of grave concern to the thousands of skilled workers on Work Permits and Tier 2 Working Visas who are earning less than £31,000.

Whilst the UK has never guaranteed working migrants permanent residency under the terms of their work permits, most were expecting to one day qualify for indefinite leave to remain (ILR) after working in Britain for 5 years.

The Minister has not announced any transitional arrangements for those already here. But if the new rules are applied to all existing migrants, the minimum threshold would not be reached by most nurses, senior carers, chefs, care managers and many other occupations where the basic pay rate is less than £31,000.

Some of the questions being asked are:

  • Will the new earnings test apply to all existing work permit holders or new entrants after a certain point?
  • Does my dependant husband’s income count towards the minimum salary requirement?
  • How long do I have to be earning £31,000 for or is it my current salary level that counts?
  • If I cannot qualify for ILR will I be able to extend my work permit after 5 years?
  • If I have children born in the UK do I have a right to stay under Article 8?

The answer to most of these questions are only known to ministers and Home Office officials at this stage because full details of the reforms have not yet been revealed.

The government is committed to reducing net migration to the ‘tens of thousands’ by 2015 and major reforms to the immigration points based system will be needed to reach these targets.

The changes do not affect EU migrants from Eastern European countries such as Poland and Slovakia, or Bulgarians and Romanians exercising Treaty Rights to obtain Yellow Cards.

See also:

Settlement in UK to be linked to a minimum salary of £31,000 says Immigration Minister

Human rights decisions led to ‘ridiculous and damaging’ situation, says UK Immigration Minister

Romanian workers offered UK jobs while 2.7 million claim benefits

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

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13 Responses to “How will the new ‘minimum salary for residency’ proposals affect you?”
Read them below or add one

  1. Poonam says :

    Hi Charles,
    However I understand that rules changed are not decided in advanced. But because In written ministeral statement they stated that any changes in rules (whatever be the rules) would effect those who entered in PBS system after 2011 and would be expecting to apply in 2016 under current rules.
    Moreover an even MAC report was launched on the basis of this. In report MAC said clearly that they have done research by keeping in mind that settlement reform would affect those who would be coming after April 2011. In MAC report they have said clearly on page number 103 that the introduction of criteria will not have direct effect until 2016; therefore there is some time for employers and policymakers to plan ahead.
    Moreover in statement of intent in Feb 2011 Govt stated that they would plan settlement reform in 2012 and it would affect those who enter to PBS from alternative routes.
    So please tell me that despite these all confusing rules how they can change rules suddenly even without giving sufficient notice to those who have been here. I know they can change rules but they should give enough notice at least for 6-8 months. They could say initially that they may bring all into new rule retrospectively then why they said that it would affect those after April 2011. Can we stand against this

  2. If the Minister was launching a consultation the rule changes are not supposed to have been decided in advance of the outcome?
    How many bother to participate in the numerous consultations, which affect their lives? The answer is not very many.
    The HSMP Forum did manage to change the rules througha judicial review, but it is not easy.

  3. D Singh says :

    Hi I do not know why these organisations like immigration matters are not putting their thoughts on the statement written by ministers before launchin it. that in June 2011 when settlement consultation was launched then there was a written ministerial statement (on UKBA and home office sites) that the new settlement reform would affect those who entered after April 2011. Here is paragraph from statement

    “The consultation will run for three months, until 9 September and we will announce our firm
    plans in due course. As the Home Secretary announced in February, we intend the
    settlement reforms will affect those workers who entered economic migration routes under
    the Immigration Rules in force from 6 April this year and who, under the current system,
    could have expected to apply for settlement in 2016. The timing of reforms to Tier 5 and
    the overseas domestic worker routes will depend on the outcome of consultation, but we
    would anticipate them taking effect during 2012”

    Does this statement do not carry any weight. Would this Govt changes this rules retrospectively even announcing in statement that it would affect only new comers after April 2011. Does this do not carry any weigh? Can any responsible person from immigration matters let us know?
    If they change retrospectively even after making such statements and interview on BBC that it would not affect those who are already here. Can this be challanged in acourt of law.

  4. […] How will the new ‘minimum salary for residency’ proposals affect you? […]

  5. on this occassion,, nobody is receiving salary on that bracket for the mentioned jobs,, so they are really eradicating foreign workers who is working legally to fill up the understaffing of healthcare job placements. I pity those who are about to finish five years this year and this is what we will hear, so sad,, this is our moment of waiting to be permanent to help your old people, serving them as our parents who are away from us,, yes, we are being paid, but do u think, our service is not worth it?? you’ve tried foreign workers, how sincere and dedicated with their jobs,, please consider our pleas,,we are not burden to your country,, we are working as we are paid,,

  6. rita donrza says :

    Hi just want to ask about the dependent like a spouse visa are included to the new system thanks

  7. Caren sagbosi says :

    This is becoming a big joke! I can’t get over this. How many peolple even, British will be paid such an amount-£31,000 after a first degree? Why can’t the government just go ahead and send immigrants away.
    Remember how much fees these immigrants have paid to study here in the UK, I feel the immigration minister is either a very wiked man or plain evil. Remember though, there is God in heaven and will have mercy on those who trust in Him.

  8. It is a pity that the set of people that impoverish people are the ones tormenting them. May we ask the boss that where is the job he created for people to get such a salary? how much is the average income in the country? What has been his contribution to the peoples’ personal development b4 getting to the system why demanding such from them? Why do they grant them visa from their countries? Why should they take people to the system, empty them and send them back home? how do they want them to start afresh back home? Is this a rip off method or what…Food for thought…

  9. They used to send undesirables to Australia!

  10. The full details have not yet been published. HSMP visa holders already went to court over their status a few years ago.

  11. hello……….. read the whole article and hear Mr Damian Green’s speech, looks like that he won’t give any transitional arrangements for people on work permit would be really a grave situation for both parties, hope for the best and best to wait for further announcement or else persons like to be affected should be read for a fight against the policy. I am not also to understand what happens to people on HSMP visa prior to Apr 11, will it affect them as many of them have a threshold limit of £20000 per year!!!……………

  12. Tony Penny says :

    A quick calculation suggests that the minimum hourly rate based on a 40hour week and around 6 weeks per annum holidays etc. would be about £18 per hour.
    So a talented self employed worker may have to charge on a rough estimate somewhere in the order of £25 per hour to achieve the required minimum.
    Nice work if you can get it, but then that would be easy for those employed at the public expense and that includes politicians and the whole bureaucratic machine that will create and enforce the new rules.
    Surely the answer is to deport the vast majority of British workers who do not have a hope in hell of making that amount of money. Maybe I should run away to Malaysia but then they only want the wealthy retired.

  13. […] How will the new ‘minimum salary for residency’ proposals affect you? […]

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