Review of Tier 2 - analysis of salary thresholds
Associate, Veale Wasbrough Vizards
The Migration Advisory Committee (MAC) is consulting on its review of the Tier 2 route and deciding on what salary thresholds should be imposed.
Under the current rules, all Tier 2 (General) migrants must be employed in a job with an annual salary of at least £20,800. There are also occupation specific minimum thresholds and where these are greater that £20,800, these provide the minimum salary requirement for that occupation.
In the Tier 2 (Intra-Company Transfer) route, long-term staff must be paid a minimum of £41,500 or the appropriate rate for the role (whichever is higher). Short-term staff, graduate trainees or skills transfer migrants must be paid a minimum of £24,800 or the appropriate rate for the job.
The government is seeking advice on various potential changes to the Tier 2 Points Based System, in response to concerns about rising immigration.
If the proposals are implemented, Tier 2 could be restricted to workers in shortage occupations and 'highly specialist experts'. It could also mean that spouses and partners would not have an automatic right to work in the UK. This wide review should be completed by December 2015.
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Employers employing migrant workers should ensure they have the right to work in the UK in an appropriate category, should continually check that right and check that they are complying with the updated requirements. Employers should be aware that their obligations may change as a result of this review.