Dt – 5th April 2011
A new set of controversial retrospective changes is going to be applied
from 6th April 2011 to migrants coming from Non-European
countries which will deprive them of their right to settlement after
fulfilling the rules under which they entered the country. Campaign
organisation the “HSMP Forum” wrote to the Immigration Minister Damian
Green[1]
earlier urging him for a rethink on the proposed changes but the
government is adamant on disqualifying migrants. This move has come
after the Government’s own Migration Advisory Committee
was reluctant to suggest retrospective changes for migrants already in
the UK[2].
In the past migrants had to show economic activity for the period of
their residency and stay clear of criminal convictions in order to be
eligible for Indefinite Leave to Remain (ILR / settlement / permanent
residency). The new changes from 6th April 2011 now requires
skilled migrants on HSMP / tier 1 and work permit / tier 2 visas to
fulfil an income requirement which needs them to show the same salary as
drawn during their last extension. Due to the current recession,
many migrants accepted salary cuts in order to keep their jobs. While
some who have been working consistently in a highly skilled position for
four and a half years were made redundant a few months before their
eligibility for ILR. The changes also introduce a new criminality
threshold which requires migrants to be clear of unspent convictions
such as driving offences with a court fine. The new rules state that
anyone who is applying for Settlement must not have any unspent
convictions. As per the Rehabilitation of Offenders Act 1974, it takes
five years for even a fine to be a spent conviction.
Tier 2 and work permit holders used to
qualify for indefinite leave to remain when they completed a residency
period and remained employed by their immigration sponsor. The
government from 6th April is expecting them to meet an income
requirement assigned to their particular job title by the Codes of
Practice (for sponsored skilled workers) to qualify for indefinite leave
to remain. The current rates of salary defined by the codes of practice
are comparatively much higher than the salaries mentioned in the work
permits when approved by the Home Office.
Migrants who do not qualify for their ILR will be forced to leave the
country or in some cases will have to obtain further visa extensions.
Delay in settlement can lead to innumerable hardships, as it affects
tier 1 and tier 2 migrants’ job prospects, career progress and overall
their future plans as employers and mortgagers prefer individuals with
permanent residency. Tier 1 and Tier 2 dependants aspiring to study in
universities will be eligible for tuition fees of a home student if
holding an ILR, which is comparatively much lesser than they would pay
as overseas student.
Amit
Kapadia, Executive Director of the HSMP Forum
said, “The changes will cause undeniable
hardship. The government’s approach is not only unfair but is both short
sighted and heavy-handed. The government should stop targeting the very
people who are required by Britain. Such changes will give a wrong
picture to migrants and investors that even after they fulfil the rules,
they would not be treated fairly. It will discourage investors and
skilled migrants from coming to Britain. We urge the government to
review the changes urgently and exempt existing Tier 1 & Tier 2 migrants
from these changes.”
These changes have real consequences for real people
as the examples below show:
Ravi Kumar Oruganti, an IT consultant who came from India in 2007 and is currently on a Tier
1 visa, was convicted of a traffic offence in February 2011 with 5
points and a fine after hitting a lamppost. Although he was eligible for
ILR in a year’s time, he would no longer be
eligible under the new rules. Mr Oruganti says “I am very depressed
by these new changes being applied retrospectively. I strongly feel it’s
unfair to change the rules for existing migrants.
It causes great misery and uncertainty to hard
working people like me who contribute so much to the UK economy but live
in the constant fear of last minute changes.”
Mr John Paul
is from Uganda and he used
to work under the United Nations High Commission. He left his
established career and uprooted his family and believed that they would
be able to permanently settle in the UK. Mr Paul was working as a
teacher for the local council and successfully obtained further visa
extension. He said, “After the recession hit
UK, we lost our teaching jobs as the local councils decided to scrap off
the temporary teachers.” Although he has managed to stay economically active, he would not be able to show
the same salary as his last job and therefore would not qualify
under the new rules for settlement.
Mr Fawwad Khawaja
came from Pakistan in 2007 and
had to
take up a second job to ensure he earned the required income criteria to
obtain his HSMP extension. Due to the recession he now has only 1 job
and cannot fulfil the same salary criteria as his last visa extension.
He
said “I and my
family are undergoing extreme stress and mental torture due to these
changes. We were promised that after getting the extension we had to
stay economically active to be eligible for ILR. But now these changes
have crippled us financially, morally and emotionally and it only seems
to get worse.”
Rajiv Jain
came from India on a work permit in May 2006, he is an IT manager. He
was expecting to get his indefinite leave in a few days’ time but not
anymore. Mr Jain said “the right to work was issued by the Home Office
at a certain specified salary per annum and in the current economic
climate I cannot get a big salary increment. Since I am on a work permit
I do not have much flexibility to change jobs either. At a time when
people are losing jobs and accepting pay cuts, people like me are being
asked for an unreasonable amount of salary increase to qualify for
settlement. When the work permit was issued there was no
Codes of Practice comparison
and the salary mentioned was approved by home office. It is very unfair
to be asked to earn as per the new rules now. I have paid my taxes
regularly and after working for so long, we will be unfairly uprooted
from here. It feels like home office officially allowed our employers to
take advantage of us.”
Mr Praveen Maan,
a Digital Strategist, is worried about his future. He says “I
cannot plan my future even after meeting extension requirements after 3
years of stay and proven capabilities.”
Mr James Varghese completed his
MBA from a top ranked UK university and is on a Tier 1 visa, says “I am
a business person, however, I cannot make any big commitments in the
country as long as I have visa restrictions. Even for commercial or
residential mortgages, banks are not favouring people with visa
restrictions. The government has new plans to attract the wealthy
investors. However, if the government’s rules are going to change so
often, even they might re-consider investing here.”
Nirmala Neerukonda who is from
India and a dependant of a Tier 1 migrant said, “It is unfair to deny
settlement for the whole family just because a person has one minor
driving offence conviction.”
Notes for the editor;
Website – www.hsmpforum.org / www.hsmpforumltd.com
Media Contact - Amit
Kapadia # 07830374629, 02087373623 ,
email - info@hsmpforum.org /
amit@hsmpforumltd.com
The HSMP
Forum took its
name from the UK's ‘Highly
Skilled Migrant Programme’ which
was introduced in 2002. HSMP
Forum represents immigrants coming from non-European Union countries and
as well those settled here and campaigns on various immigration issues,
it represents people of all nationalities and cultures. It is an
immigrant support organisation and campaigns for immigrants cause. The
organisation's aim is to support and assist immigrants under the
world-renowned British principles of fair-play, equality and justice and
believes in challenging any unfair policies which undermines migrants’
interests.
[2]
p.226, "Limits on Migration", Migration Advisory
Committee report.
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