Proposed change in rule - Tier2 dependent work

[nitsar]

Hello all,

I came across this news which talks about UKBA considering to stop work authorization to Tier 2 dependents.

http://timesofindia.indiatimes.com/indi ... 619911.cms

Is this true?
Do you have any more updates on this topic?

Me(Tier 2 Main applicant) and my wife (Tier 2 dependent); entered UK in Nov 2014 and my wife is working as a Tier 2 dependent.

In case rules pertaining to Tier 2 dependent's work authorization change in future; do you think changes will be also applicable to those who have already been issued such visa?

What has been the case of visa rule changes in past? Were changes made applicable to those holding concerned visa at that moment.

Thanks for your valuable thoughts.

[ravi_ei]

Its their country, so they can make the rules as suits to them. But I believe it should not be applied retrospectively i.e. the right to work should not be taken from people who are already arrived on dependent with right to work.

Lets wait and see.

[nitsar]

I sincerely hope that's the case ravi_ei.

[Porus]

Hi nitsar,
I got a reply from my hired Solicitor on this https://www.gov.uk/government/news/pm-a ... -committee

"These are recommendations of the task force to the Migration Advisory Committee – the changes will not be retrospective but will come in to effect on a certain date – for example if it comes in to effect from April 2016 then either they can ask all Tier 2 dependents to cease work or they can say going forward when the visa is renewed they will not have the right (this is what generally happens)"

I doubt that there is any immigration solicitor sharing inputs in this forum but I would like some body who has contacts with Home Office confirming the above or correcting it.

[nitsar]

Thanks Porus.

Any immigration solicitor here who can clarify this?
Guru's, Manci? If you can answer my query please?

[nitsar]

Hi nitsar,
I got a reply from my hired Solicitor on this https://www.gov.uk/government/news/pm-a ... -committee

"These are recommendations of the task force to the Migration Advisory Committee – the changes will not be retrospective but will come in to effect on a certain date – for example [b]if it comes in to effect from April 2016 then either they can ask all Tier 2 dependents to cease work[/b] or they can say going forward when the visa is renewed they will not have the right (this is what generally happens)"

I doubt that there is any immigration solicitor sharing inputs in this forum but I would like some body who has contacts with Home Office confirming the above or correcting it.

-> Hi Porus,
As you said; if changes will not be retrospective why you they will ask all Tier2 dependents to cease work ?(part of your comment highlighted above). Sorry, did not get that part clear.

[Petaltop]

Hi nitsar,
I got a reply from my hired Solicitor on this https://www.gov.uk/government/news/pm-a ... -committee

"These are recommendations of the task force to the Migration Advisory Committee – the changes will not be retrospective but will come in to effect on a certain date – for example [b]if it comes in to effect from April 2016 then either they can ask all Tier 2 dependents to cease work[/b] or they can say going forward when the visa is renewed they will not have the right (this is what generally happens)"

I doubt that there is any immigration solicitor sharing inputs in this forum but I would like some body who has contacts with Home Office confirming the above or correcting it.

-> Hi Porus,
As you said; if changes will not be retrospective why you they will ask all Tier2 dependents to cease work ?(part of your comment highlighted above). Sorry, did not get that part clear.

They won't be retrospective as it will have a set date it starts. UK could tell dependants to stop work from the date they bring in the new rule, or when the dependant extends their visa they will no longer have work rights.

[nitsar]

Hi nitsar,
I got a reply from my hired Solicitor on this https://www.gov.uk/government/news/pm-a ... -committee

"These are recommendations of the task force to the Migration Advisory Committee – the changes will not be retrospective but will come in to effect on a certain date – for example [b]if it comes in to effect from April 2016 then either they can ask all Tier 2 dependents to cease work[/b] or they can say going forward when the visa is renewed they will not have the right (this is what generally happens)"

I doubt that there is any immigration solicitor sharing inputs in this forum but I would like some body who has contacts with Home Office confirming the above or correcting it.

-> Hi Porus,
As you said; if changes will not be retrospective why you they will ask all Tier2 dependents to cease work ?(part of your comment highlighted above). Sorry, did not get that part clear.

They won't be retrospective as it will have a set date it starts. UK could tell dependants to stop work from the date they bring in the new rule, or when the dependant extends their visa they will no longer have work rights.

So,it means that the date from which (if) this change comes into effect; newly issued tier2 dependent visa holders may not have work rights OR an existing tier2 dependent visa holder may loose work rights on visa renewal. However, existing tier 2 dependent visa holders can continue to work till their visa is valid.

[dandm]

I don't think anyone know the answer to your (good) question. And we won't know for months.

It's most likely going to be a case of changing work rights from the date of a visa being issued (or extended). There is an outside possibility they might be nice and grandfather it so it only applies to people who arrive in the country from X date. On the other side of the spectrum I doubt they would strip existing visa holders of their right to work on a random date, it will be linked to renewal if anything.

It's a pretty drastic course to take, though I believe some other EU countries have barriers to non-EU spouses working.

[imab]

Looking at the trend, any changes are generally for migrants given entry clearance on or after the date a particular rule is enforced. Hence, you should not be impacted. In any case, currently, ICT is a temporary visa (not more than 5 years) so a retrospective action may be an overkill.

[Petaltop]

Looking at the trend, any changes are generally for migrants given entry clearance on or after the date a particular rule is enforced. Hence, you should not be impacted. In any case, currently, ICT is a temporary visa (not more than 5 years) so a retrospective action may be an overkill.

If we look at the latest trend, the immigration health surcharge started on a fixed date this year and affects all visas from that date onwards. Those who already have entry clearance will have to pay when they extend their visa.

[imab]

Not sure what you are referring to as I extended my ICT a couple of weeks back and did not pay any surcharge.
In any case, applying an additional fee is an easy one when compared to asking business to terminate services of T2 dependents (which may well be in tens of thousands) as of a given date(s). E.g. ILR was discontinued for ICT after Apr 2010 only & similarly 5 year limit has been imposed for those entering after Apr 2011 only.

Theoretically, anything can be applied retrospectively but Home Office has been prudent so far. A rule which reduces family income from double to single (and hence a critical decision making factor for them to relocate or extend stay) would obviously be applied judiciously as well.

[Petaltop]

Not sure what you are referring to as I extended my ICT a couple of weeks back and did not pay any surcharge.

ICTs and their dependants don't pay health surcharge as they are only temporary migrants in the UK and need to leave the UK after a set time.

In any case, applying an additional fee is an easy one when compared to asking business to terminate services of T2 dependents (which may well be in tens of thousands) as of a given date(s).

ICTs and their dependants will have to leave their jobs anyway as they are only in the UK on a temporary visa. Brits and EUs change jobs and leave their employers. Employers are used to this. The UK is making it clear they want those "ten of thousands" British jobs for their own or for EUs and not give them to dependants of visa holders. Other countries have this same no work for dependants, for the same reason.

A rule which reduces family income from double to single (and hence a critical decision making factor for them to relocate or extend stay) would obviously be applied judiciously as well.

If you read the report from Cameron, the UK is doing this to reduce the numbers of immigrants from the half a million last year, back down to 100,000 immigrants a year. If they need to have a dependant working then they hope that will stop immigrants wanting to be in the UK.

[Petaltop]

All this is just what they are looking at for ways to cut immigration numbers. It's not known yet what they will bring in to achieve their aim and when they will start it.

[imab]

You appear relatively well-read on the subject.
My understanding, from friends in other attractive English speaking global cities (NYC, Dubai, Singapore, HK), is that there wives can work after completing minimal paper work. I believe London competes with these cities rather than regional hubs and should draft policies accordingly.

[Petaltop]

You appear relatively well-read on the subject.
I believe London competes with these cities rather than regional hubs and should draft policies accordingly.

The UK already makes it easy for those on high salaries as they are exempt from the cap. Not having a dependant working won't affect those on 153K plus. As like tends to marry like, their spouse might be able to command a high salary too and can get their own work visa. The changes won't affect these immigrants much and the UK will still be pleased to let these in.

It's the mid to lower end of work visas that the UK wants to change and increase the level they have to achieve to be able to stay in the UK. The UK no longer will allow open door immigration.

https://www.gov.uk/government/news/pm-a ... -committee

[Jack&Jill]

David Cameron Targeting Tier 2. May be in few years there won't be Tier 2.. This is because of people coming from different countries illegally... especially from India more and more.

[Porus]

@Jack and Jill,
If you cant comment logically dont comment pls. "May be in few years there won't be Tier 2.. This is because of people coming from different countries illegally... especially from India more and more." .. You are connecting Tier 2 migrants entry to illegal entry and worse allege illegal entry to indians. ..

[niv.niv.n]

Do we know if this is going to affect only tier 2 ICT or tier 2 general as well??

[eyecon1]

It does not say that its for ICT only ...as of now we should consider that its for both tier 2 categories.
Can anyone tell that if we change the status from dependent to tier 2, the time spent on dependent will still be counted towards ILR or it will be reset?

[moonlight55]

It'll be reset.

[ktyagi]

@Moonlight55 : Are you sure that for dependents the time will not add up in the 10 years required for getting ILR once they switch from Dependent to Main category

[ktyagi]

Any idea or comments on whether the proposed restrictions/ changes to automatic work permit rights of the dependents will affect the new entrants in to the UK or even the ones that are already present in the UK?

[Porus]

As per the comments received from above posts , I infer the most likely scenario would be from a cutoff date ,Tier 2 dependents (general + ICT or ICT only) will not be able to work .Most impacted families would be as follows.

1) TIer 2 General migrants who entered UK after Jan 2014 and having only 3 years visa where their spouses may not be able to work from say Jan 2016 (assuming an earliest cut off date after MAC recommendations by Dec-2015)
2) Lot of assumptions here -> 20k rCoS issued in 2014 and dependent spouses with 3 years visa can be 0 -20k . With 50:50 assumption it will impact 10k people. Now there is CoS (unrestricted) spouse will also get affected from 2014 where the total numbers are not known but with summation with rCOS spouse visas and add it with 2015 year CoS+rCoS dependents it will be a pretty good number who are impacted.
3) No idea on the number of Tier 2 ICT (ST +LT ) spouse visa holders on 2014 .
4) Work restriction means will it be specific to certain fields like IT ,NHS or is it blanket ban on any work ? .
5) Is there any human rights law in UK/EU where a Tier 2 spouse work rights in atleast few fields are protected and can help the family economically ?.
There are some experts who are in this forum from 2010 who can remember similar work restriction proposal mooted by the govermnent which was squashed by MAC later and hence can share few thoughts/recommendations for the benefit of Tier 2 spouse visa holders.

[justdopposite]

I wonder how the companies would respond to this insanity, with the trouble of replacing highly skilled employees on tier 2 dependant visas.