Entry Clearances: Migrant Workers

(asked on 3rd May 2016) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, what other migration routes or visas are available to a Tier 2 worker earning under £35,000 other than visas requiring participation in full-time education or marriage.


Answered by
James Brokenshire Portrait
James Brokenshire
This question was answered on 11th May 2016

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.

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