Stuart C. McDonald – 2016 Parliamentary Question to the Home Office

The below Parliamentary question was asked by Stuart C. McDonald on 2016-05-03.

To ask the Secretary of State for the Home Department, what steps her Department plans to take to enforce the new £35,000 settlement threshold for Tier 2 skilled workers.

James Brokenshire

The Home Office published a full impact assessment on the changes to Tier 2 settlement rules when they were laid before Parliament on 15 March 2012. The impact assessment is available on the gov.uk website at:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/117957/impact-assessment-tier2.pdf.

Alternative routes available for Tier 2 workers unable to meet the minimum earnings threshold would depend on their individual circumstances. For the most part, economic migrants who wish to change their basis of stay in the UK are expected to leave and re-apply for an alternative visa from their home country. However, in-country switching is permitted in some categories, for example into Tier 1 routes aimed at high value migrants.

Tier 2 migrants who apply for settlement and do not meet the requirements will be refused. Those who do not qualify for an alternative route and have reached the maximum period of limited leave allowed under Tier 2 should make plans to leave the United Kingdom. Any migrant who has over stayed the validity of their visa or otherwise failed to regularise their stay in the UK may be removed if they refuse or fail to leave of their own volition. They may also be liable to prosecution under the Immigration Act 1971.