The UKBA has announced several changes in the requirements and the procedure that the applications would be considered

The UKBA has announced several changes in the requirements and the procedure that the applications for Tier 2, Tier 4 and Tier 5 would be considered.

Tier 4 (Students): From 21st of Aug. 2009, all students (regardless of age) will be able to make use of the bank statements of their parents in order to satisfy the maintenance requirements. Presently only child students are allowed to provide bank statements of their parents for this purpose. This will definitely make life easier for those students who find it difficult to satisfy the immigration rules under the PBS.

Tier 2:

  • The requirement that a Tier 2 migrant's salary must be paid in the UK has been removed and now it can be paid overseas.
  • UKBA has announced a few exemptions from advertising in Job centre plus that is when the job is in the role of director, chief executive or legal partner, where the salary package for the job is ? 130,000 or above.
  • For those who wish to switch from Tier 1 (PSW) or IGS or FT: WISS, the requirement of providing a letter from the employer confirming the 6 months employment has been removed. There is now no requirement for the employer to provide such a letter.
  • There is another requirement that has been implemented on Intra company transfer applications i.e. such applicants must not be directly replacing a settled worker.
  • Due to the current economic climate, temporary reduction of salary / working hours of Tier 2 migrants has now been allowed for a maximum of 12 months and does not need to be taken as change of employment. But for this, the following conditions must be met:
    • The reduced working hours is part of the company-wide policy
    • The migrant worker has not been treated more or less favourably than resident workers
    • The working hours have not been reduced to more than 30%.
  • All Tier 2 or Tier 5 migrants are now allowed to study at any educational institute and do not require a separate permission to do so. But that should not interfere with carrying out their employments.
  • An application entry clearance or leave to remain cannot be made 3 months prior to the date of commencement of employment.

Posted on Aug 10, 2009.

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