Some light shed on UK Immigration £35,000 pay threshold

The consultants at Breytenbachs Immigration Consultants have been inundated with queries from clients about the £35,000 pay threshold that are currently making headlines in the British news. In order to shed some light on the issue we have answered some of the most frequently asked questions on the topic.

Clients must please note that the pay threshold is not part of the UK immigration rules yet and only a statement of intent at this stage. There can thus still be changes and the answers below are based on what is known at present. Please contact your BIC consultant for advice in your specific case.

What is the £35,000 pay threshold all about that one has  to earn in order to stay on in the UK?

The UK Government intends to further control migration to the UK by introducing a pay threshold for Tier 2 (General) and Tier 2 (Sportsperson) migrants who will be applying for Indefinite Leave to Remain (ILR) in the UK. This threshold will come into effect on 6 April 2016.

From this date the applicant will have to earn at least £35,000 when applying for Indefinite Leave to Remain or will have to leave the UK, if they cannot reach this pay threshold.

Will Tier 2 migrants whose jobs are on the Shortage Occupation List also be affected?

No. Tier 2 migrants whose occupations appear on the Shortage Occupation List will not have to fulfil this requirement. Tier 2 migrants whose occupations are skilled to PhD level are also exempt.

Will this new pay threshold only affect nurses in the UK?

No, it will apply to all Tier 2 (General) and Tier 2 (Sportsperson) migrants who will be applying for Indefinite Leave to Remain (ILR) in the UK from 6 April 2016. See the exceptions above.

The reason why the nursing profession made the headlines in this regard was due to a research report by the Royal College of Nursing (RCN) that said the introduction of such a pay threshold will cause chaos in hospitals and cost the National Health Service (NHS) millions. Their research reportedly indicated that up to 3,365 nurses currently working in the UK will likely be affected, as nurses rarely earn such high salaries after working 6 years in the NHS.

Breytenbachs are of the opinion that there is a chance that nurses could be placed on the shortage occupation list which should solve the problem.

I am currently in the UK on an Ancestry Visa and extremely concerned about the new pay threshold that everyone is talking about. Is there a way out for me?

The pay threshold will only apply to Tier 2 (General) and Tier 2 (Sportsperson) holders. It will not affect applicants for ILR in any of the other immigration categories.

What happens when I qualify to apply for Indefinite Leave to Remain and I do not fulfil the pay threshold?

Tier 2 holders can normally apply for ILR after spending five years in this capacity. However(from what is currently known), if they do not qualify for ILR upon completion of the 5 years they will be able to remain in the UK for up to 6 years in their current capacity.

BIC strongly recommends that Tier 2 (General) and Tier 2 (Sportsperson) migrants, who qualify to apply for Indefinite Leave to Remain before 6 April 2016, contact BIC as soon as possible.

In the meantime, BIC will be adding its voice to the number of organisations that are strongly urging the UK Government to not introduce these stringent new measures. Please also urge family and friends to subscribe to our newsletter or follow BIC on social media for news on this topic.

www.bic-immigration.com or info@bic-immigration.com

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