Proposed change in rule - Tier2 dependent work

[karthikm]

are we already seeing the outcome of the changes - RCoS alloted for June is out of normal. after quite sometime RCoS applications have not been approved in the month and min pts has risen to 50 vs. the usual 32 minimum

https://www.gov.uk/government/publicati ... ponsorship

Also check out an article i stumbled upon regarding RCoS - http://www.davidsonmorris.com/limit-on- ... onsorship/

Thoughts?

Now - will there be visa applications rejections even for people who have a RCoS approved?

[ktyagi]

This development is massively inconvenient and it will be a huge setback. While US & Germany are trying to attract highly skilled foreign workers, UK seems to be going in an opposite trend.

I finished a PhD earlier this year after breaking my back for the last 4.5 years in the UK. Recently, I accepted a permanent job offer in the UK, after rejecting two offers in other European countries. My main reason for choosing to stay in the UK was the employment prospects for my wife, who has been working here for a year after completing an MSc degree from a UK Univ. (you all know the whopping amount of money that gets invested in a MSc degree here).

Now, with the proposed changes, it has become so uncertain as to what will happen in the near future. I have already accepted the offer and will start working on the new job soon. Since I am on a Tier 4 DES visa till the year end, we have not applied for a Tier 2 visa straight away (my new employer wanted me to start asap). I have now requested my new employer to apply for Tier 2 visa asap, before the proposed changes are implemented, but who knows how urgently they will proceed as the situation is not as urgent for them as it is for me.

I am writing here not just rant my brains out, but to get any ideas/comments from the forum members that can suggest how to proceed. I am sure that my situation is not unique and many people would be facing a similar scenario.

Thank you all in advance!
Cheers.

[Porus]

Hi Tyagi,
I understand your situation well from your post. If I state an opinion I hope you take it objectively .I guess your wife might have picked up Msc (some specialization) in UK with the possibility of Jobs available in UK for that degree and therefore landing in a job with Tier2 sponsorship is a good possibility. Getting a dependent visa and finding a job was only a backup plan I suspect?!. Look at other cases like @Soumya in this forum or my case where the main migrant earns less salary 25~k range while I am having well paid IT job in India and the scenario where I have to join my wife in UK to just sit at home for 5 years is a terrible financial loss .

[priya1]

Hi All,

I had the same question and I called Home office on this number 0300 123 2441 and she has confirmed that Tier 2 general dependent can work in UK as per the latest rule as well.
I asked about the latest changes in rule and its affect but she answered that Dependents can work.
So I would suggest that please call on home office and get confirmation for your queries.
Please update here if you get answer.

[nitsar]

Hi All,

I had the same question and I called Home office on this number 0300 123 2441 and she has confirmed that Tier 2 general dependent can work in UK as per the latest rule as well.
I asked about the latest changes in rule and its affect but she answered that Dependents can work.
So I would suggest that please call on home office and get confirmation for your queries.
Please update here if you get answer.

The change in rules being discussed above is not yet in place. It is under consideration by immigration task force and they are waiting for MAC's views on this.
So, as per latest rule (Rules as of today); Tier 2 general dependent have work rights.

What we are not sure about is if and when proposed changes are implemented; how these will affect prospects of Tier 2 dependent work rights.

[Petaltop]

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

It won't affect the highly skilled dependants. If they are highly skilled they will be able to apply for their own work visa.

[Petaltop]

. While US & Germany are trying to attract highly skilled foreign workers, UK seems to be going in an opposite trend.

The UK only wants those who realy are highly skilled and they are thinking about moving the bar to make sure these are the only ones they let stay. There is no shortage of people wanting to move to the UK and the UK can be selective.

[Porus]

@petalflop,
"The UK only wants those who realy are highly skilled and they are thinking about moving the bar to make sure these are the only ones they let stay. There is no shortage of people wanting to move to the UK and the UK can be selective."
How do you explain UK government calling migrants with shortage occupation skillset into UK and selectively restricting their spouses from working in UK?. IF you may argue that they are supposed to be at home in UK then I would say shortage occupation jobs should have their salary slab increased while introducing this restriction ( Just like in US ,the H1B visa holders have higher salary slab on an average good enough to support the family on single income)

[ukswus]

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

It won't affect the highly skilled dependants. If they are highly skilled they will be able to apply for their own work visa.

Only if they fit into the quota, which would be very difficult if all Tier 2 dependents will have to apply for Tier 2visas .

And no, the definition of being highly skilled is not limited exclusively to those on 153k+ incomes.

[imab]

Agreed, not everyone doing a job under SOC list earns 153k+
The proposed measures mention 'Restriction' of automatic rights to work and not 'Barring' them. It may not be a big issue after all.

[Petaltop]

@petalflop,

How do you explain UK government calling migrants with shortage occupation skillset into UK and selectively restricting their spouses from working in UK?. IF you may argue that they are supposed to be at home in UK then I would say shortage occupation jobs should have their salary slab increased while introducing this restriction ( Just like in US ,the H1B visa holders have higher salary slab on an average good enough to support the family on single income)

There is not a shortage of people who want to move to the UK and get a UK passport.

[avneetrekhi20]

Hi All,

This news is obviously concerning. my wife is on Tier 2 General and i am currently on ICT. I was planning to move to Dependent visa soon so I have an option of ILR in few years time. I have another 2 years left on my current Tier 2 ict. I have following options now..

A. Do nothing as a decision has not been made. Wait for the decision and then take next step
B. Change to Dependant visa sooner rather than later as hopefully the new rule should not impact the one's who are already on Dependent visa and working?
C. Keep my visa to Tier 2 ICT since I may loose the right to work as a dependent if Home office decides to stop ALL dependents from working from a fix date next year.

Can some one please advise what your thoughts are? I personally think B. is the way to go, but more than happy to listen to some advise.

Thanks.

[avneetrekhi20]

Hi All,

This news is obviously concerning. my wife is on Tier 2 General and i am currently on ICT. I was planning to move to Dependent visa soon so I have an option of ILR in few years time. I have another 2 years left on my current Tier 2 ict. I have following options now..

A. Do nothing as a decision has not been made. Wait for the decision and then take next step
B. Change to Dependant visa sooner rather than later as hopefully the new rule should not impact the one's who are already on Dependent visa and working?
C. Keep my visa to Tier 2 ICT since I may loose the right to work as a dependent if Home office decides to stop ALL dependents from working from a fix date next year.

Can some one please advise what your thoughts are? I personally think B. is the way to go, but more than happy to listen to some advise.

Thanks.

Hi,

Can some one update please?

Thanks

[ALKB]

This development is massively inconvenient and it will be a huge setback. While US & Germany are trying to attract highly skilled foreign workers, UK seems to be going in an opposite trend.

In Germany, dependents of non-EEA highly skilled workers and non-EEA students do not usually get work rights.

Dependents of highly skilled workers can't work for the first three years of their stay (different rules apply if the working spouse is on a Blue Card rather than a regular work permit), student dependents can't work at all (if they manage to get a visa at all because Germany takes the stance that students shouldn't bring family).

Unless of course they are highly skilled themselves and get sponsored in their own right.

[avneetrekhi20]

Hi All,

This news is obviously concerning. my wife is on Tier 2 General and i am currently on ICT. I was planning to move to Dependent visa soon so I have an option of ILR in few years time. I have another 2 years left on my current Tier 2 ict. I have following options now..

A. Do nothing as a decision has not been made. Wait for the decision and then take next step
B. Change to Dependant visa sooner rather than later as hopefully the new rule should not impact the one's who are already on Dependent visa and working?
C. Keep my visa to Tier 2 ICT since I may loose the right to work as a dependent if Home office decides to stop ALL dependents from working from a fix date next year.

Can some one please advise what your thoughts are? I personally think B. is the way to go, but more than happy to listen to some advise.

Thanks.

Hi,

Can some one update please?

Thanks

Dear all, your opinion will be highly appreciated. Thanks

[poper]

Keep your fingers crossed. I think there is no point in seeking advice before the govt comes out with the list of changes and as to when they would be implemented.

poper

[mando112]

They can't enforce their rules on illigal immigrants and are taking it on legal immigrates.

Very unfair.

They have certain rules which attracts people and when they come, suddenly the goverment changes the rules.

[claireeee]

I'm a dependant myself. I was looking for further info. on this matter and found this document published last month by the migration advisory committee. Maybe we could voice our opinion to the committee?

https://www.gov.uk/government/uploads/s ... Tier_2.pdf

***quote***
2.Call for evidence
2.1 This call for evidence seeks the views and evidence from partners to
help inform its response to the wider Tier 2 review. This document sets
out the questions and the type of information the MAC would find most
helpful to receive and provides details of where to submit evidence. We
would like to hear from any interested party. Please circulate this document
to anyone you think may have an interest. It is also available on the MAC
website.

Tier 2 Dependants
18. Dependants of Tier 2 migrants, such as partners, spouses and adult
minors, presently have the unrestricted right to work in the UK. The MAC
is asked to consider the impact of removing this automatic right:
a. How would removing the automatic right of dependants to work affect
main applicants’ decision of whether to come to work in the UK?
b. How many of your Tier 2 employees bring dependants? If so, do they
work whilst in the UK? Are they qualified to degree level? What
occupations do they work in? If possible, please specify occupations
or job titles according to the SOC 2010 classification.
c. How would removing the automatic right of dependants to work
impact on:
i. the economy;
ii. public finances?
d. Would removing the automatic right of dependants to work have
social impacts?
12
e. Would removing the automatic right of dependants to work have
specific regional impacts?


5.1 Please send your responses to the MAC Secretariat at:
mac@homeoffice.gsi.gov.uk
Migration Advisory Committee
3rd Floor
Seacole Building
2 Marsham Street
London
SW1P 4DF
Telephone: 020 7035 8117/ 1764
Please submit your evidence by 25 September 2015.
Please note that we may quote evidence received, attributed to the
individual or organisation that supplied it, in our published report
unless we are explicitly asked not to.
***unquote***

[geriatrix]

Continue here for discussions regarding recommendations in the "MAC" report.