Immigration CAP (June 2010)

The Secretary of State has announced an interim cap on the number of migrants seeking leave to enter / entry clearance under Tier 1 (G) and Tier 2 (G) migrants, while making the eligibility criteria for Tier 1 (G) stricter.

1. From 19th of July 2010 till April 2011, only a total of 24,100 applicants would be allowed to enter the UK under Tier 1 (G) and Tier 2 (G). This is just an interim quota, and the UKBA will come up with a permanent quota for each quarter that would be applicable from April 2011.

2. From 19th of July 2010 all Tier 1 (G) applicants (those who are applying from outside the UK and those who are applying from inside the UK) would be required to claim 80 points in Attributes section instead of 75. But following applicants would not be affected by this new restriction:

a. Those who have leave to remain under Tier 1 (G) and wish to extend their stay
b. Those who have leave to remain under HSMP or writer or Composer or Artist or self-employed  lawyer and  wish to switch to Tier 1 (G)

3. The points awarded to those with previous earnings of £150,000, “or with a qualifying MBA qualification” have also been increased from 75 to 80 in order to maintain the position that meeting this requirement alone is sufficient to meet the overall points` threshold.

4. From April 2011, the UKBA will announce quotas for each quarter and that period will be known as “relevant grant allocation period” and limit given for each period will be known as “grant allocation”. If the applicant fulfils all the requirements, but approval of his application would exceed the grant allocation, then his application will be refused but will be re-allocated to the next available grant allocation.

5. Following persons would not be affected by the quota:

a. All in country applicants
b. Tier 1 (Investor) – Both in-country and out country applicants
c. Tier 1 (Entrepreneurs) - Both in-country and out country applicants
d. Tier 1 (PSW) - Both in-country and out country applicants
e. Tier 2 (Minister of Religion) - Both in-country and out country applicants
f. Tier 2 (Intra company Transfer)
g. Tier 2 (Sports person) – Both in-country and out country applicants

6. For Tier 2 (G) applicants, the UKBA will reduce the number of sponsorship certificates assigned to the licensed sponsors (employers) thus resulting in restricting the number of people coming to the UK on Tier 2 (G) visas.

This is just a beginning and further restrictions on these visa categories or other visa categories are on the way and the applicants should now get ready to hear the worst.

We strongly advise the applicants of Tier 1 (G) and Tier 2 (G) to submit their applications before 19th of July 2010 to avoid having to meet the new stringent criteria. We are ideally placed to advise and represent our clients in respect of their immigration matter and would like to hear from the prospective applicants who wish to come to the UK.