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Tier 2 UK Immigration Rules - Are You Ready for the Changes? (9 November 2016)

Date: 09/11/2016
Duncan Lewis, Legal News Solicitors, Tier 2 UK Immigration Rules - Are You Ready for the Changes?

New decisions and changes in Immigration Law show no signs of slowing down. Within the field of Immigration, we have been hit by staggering increases in Immigration tribunal fees, the landmark High Court ruling regarding Article 50 and detention curfews imposed by the Home Office being deemed unlawful.

A new statement of changes was issued on Friday 4th November 2016 confirming upcoming changes within the Immigration Rules which will be coming into force as early as 23rd November 2016.

Whilst there are many changes being introduced, some will have more impact than others. Within this article, I intend to focus on highlighting the upcoming changes for companies who currently employ or intend to employ overseas workers.

Some key changes that will be implemented in November 2016 as well as in April 2017 are:

Changes within Tier 2 of the Immigration Rules

Significant changes are being introduced within Tier 2(General) and Tier 2 (Intra Company Transfer) routes of the Immigration Rules. This will require future planning for businesses and will affect Tier 2 migrants; however, dependents of Tier 2 (general) migrants will not be affected. Their rights are the same as before.

The rules are due to be implemented in two stages, the first batch in autumn 2016 and the next in April 2017. I have separated the two categories affected and explained changes with the relevant dates:

Autumn 2016

Tier 2 General


  • The Minimum salary for experienced workers will be increased to £25,000 per annum (certain public sector employees will be exempt).

  • New minimum Salary thresholds for Indefinite Leave to Remain applications.

  • Overseas graduates joining graduate training schemes within the Tier 2 (General) limit will be weighted more heavily by the Home Office.

  • Switching roles within the same company under the graduate training scheme will be allowed if the migrant is offered a permanent position by the company at the end of the scheme.



Tier 2 I.C.T

  • Closure of the Skills Transfer Route.

  • Implementation of the Immigration Health Surcharge of £200 per year. This will apply to all ICT categories.

  • Increase of number of trainees being allowed to access the route under the Graduate Trainee route from 5 to 20 per company.

  • Minimum salary requirement for a Tier 2 (Short Term) ICT visa. This will be £30,000 (previously £24,800).

  • Minimum salary requirement for a Tier 2 (Graduate Trainee route) has been reduced to £23,000 (previously £24,800).



April 2017

Tier 2 General

  • Minimum salary will be increased to £30,000 for experienced workers.

  • Introduction of the Immigration Skills Surcharge. This will be levied at £1000 per year for each sponsored migrant. This is payable upfront at the time the certificate of sponsorship is issued.

  • The charge for small companies (under 50) is £364 with some exemptions.

  • Employers can only rely on Milk round recruitment that ended up to four years prior to assigning the Certificate of Sponsorship being assigned, provided that the migrant was offered the job within 6 months of the recruitment exercise.



Tier 2 I.C.T

  • Closure of other sub categories within Tier 2 ICT except the Graduate Trainee Scheme; within Tier 2 ICT except the Graduate Trainee Scheme

  • Minimum Salary requirement (except the Graduate Trainee route) of £41,500

  • Migrants on higher salaries (over £73,900) will exempt from the 12 month previous employment requirement

  • The ‘High earner’ threshold will be decreased from £155,300 to £120,000.



It’s clear from above that there are a number of changes being implemented. It is important to talk to a specialist regarding these changes to ensure you remain compliant with the Immigration Rules. Whilst the government intend to fully implement all of these changes by April 2017, there could be some changes to the points raised above.

Duncan Lewis Solicitors have a dedicated team of specialist immigration lawyers who handle all aspects of private immigration matters.

Our experts work with a wide range of individual clients and businesses. We regularly advise foreign investors, entrepreneurs, international corporations, start-ups, religious organisations and educational institutes on all their business immigration legal issues.

We have extensive working knowledge of the law and offer bespoke legal and compliance advice with the least amount of disruption to the workings within a company and at excellent value.

Our solicitors have been recognised by the Legal 500 year on year and our team strives to provide detailed and bespoke legal advice to our vast client base. Our tailored services accommodate even the most complicated client legal issues and deadlines. Whether you require our services for your company or an employee, Duncan Lewis’ private immigration department can assist you with today by contacting us on 0333 772 0409 or emailing us at privateimmigration@duncanlewis.com.

Author Shyam Dhir is a Trainee Solicitor in the Private Immigration team based in Harrow. Shyam specialises in applications under the Points Based System and regularly receives instructions from companies with regards to their Immigration matters.

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