Immigration Law Changes due January 2010 : Tier 2 and Dependants

On 7 September the Government announced it will accept all the recommendations contained in the Migration Advisory Committee (MAC) report published on 19 August 2009 which will likely be implemented from January 2010 onwards.
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Employers need to prepare now for the changes to ensure that transfers and moves are not impacted, for example, by:

• Identifying any overseas employees due to transfer to UK at the end of 2009/ early 2010, and assessing whether they will have sufficient in-house service to qualify under Tier 2 (ICT). (The qualifying period with the company overseas will be increased from six to twelve months).
• Communicating changes to the recruitment search requirements for Tier 2 migrants. (All vacancies will need be advertised for four weeks, instead of the current one or two weeks).
• Reviewing the salary and remuneration packages of prospective Tier 2 migrants, The minimum thresholds for 5, 10, 15 and 20 points under Tier 2 will be increased to £20,000, £24,000, £28,000 and £32,000 respectively. (The current minimum thresholds for the above points are £17,000, £20,000, £22,000 and £24,000).
• Reviewing the proportions that allowances represent within remuneration packages. (Allowances will be scaled down when calculating points for prospective earnings under Tier 2).
• Considering an alternative to Tier 2 (ICT), where the ability to apply for permanent residence or British citizenship will be a factor in the individual's move. (The Tier 2 (ICT) route will no longer lead to a right to permanent residence).