Following the Migration Advisory Committee’s
January recommendations regarding the Government’s
proposals to restrict Tier 2 of the Points Based System,
the Home Office has now announced the changes that
will be implemented across Tier 2.
Compared to the initial radical proposals put forward by the
Government to restrict Tier 2 last summer, the Home Office’s response
is less dramatic than we had anticipated. Employers can take
some comfort from the fact that concerns voiced during last year’s
consultation exercises were largely listened to. Confirmation that Tier
4 students eligible to switch into Tier 2 following graduation from a
UK university will continue to be exempt from the Resident Labour
Market Test and not subject to a limit on numbers will be particularly
welcomed – the Home Office has acknowledged the importance of
attracting international students looking to undertake skilled work in
the UK after their studies. In addition, the Home Office has confirmed
that the minimum service requirement for Tier 2 (ICT) will not be
increased from 12 to 24 months and the ability of Tier 2 dependants
to take employment in the UK will not be affected.
