Statement of Changes in Immigration Rules (HC 863 / HC 908)

Policy effect

Introduced an annual limit/cap for non-EEA skilled workers under Tier 1 and Tier 2 (General) of the points-based system, replacing the previous interim limits with permanent annual limits effective from 6 April 2011.

Conditions and exceptions

Validated condition or limit: Introduced an annual limit/cap for non-EEA skilled workers under Tier 1 and Tier 2 (General) of the points-based system, replacing the previous interim limits with permanent annual limits effective from 6 April 2011.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… economic migrants; • To close the Tier 1 (General) category in-country, other than for extension applications from migrants who are already in the UK in this category, or one of the categories, now closed, which preceded it before the introduction of the Points-Based System; • To implement changes to the Tier 1 categories for Entrepreneurs and Investors, including provisions for accelerated settlement; • To implement changes to the Tier 2 (Intra-Company Transfer) category, including differing requirements for transfers depending on whether they are to be for more or less than 12 months; • To implement … employment or self-employment in the UK: • The category is being closed to in-country switching applications. This is in line with the Home Secretary’s oral statement to the House of Commons on 23 November. Closing the Tier 1 (General) category creates more space in Tier 2 of the Points Based System, the route most valued by employers, while reducing overall non-EEA economic migration. Tier 1 (General) has already closed to overseas applicants, as set out in the Statement of Changes laid on 21 December 2010 (HC 698). • The category is remaining open in order to enable those in the UK with existing … continue to apply extend their stay beyond five years. • In the transitional cases where Tier 2 (Intra-Company Transfer) Migrants qualify for indefinite leave to remain, an additional requirement is being introduced to confirm that the applicant continues to earn at least the UK appropriate rate for the job they are doing. • This category is not being made subject to an annual limit. 7.12 The following changes are being made to the Tier 2 (General) category, which caters for skilled workers coming to do jobs that cannot be filled from the resident labour market: • An annual limit of 20,700 is being placed on the number of overseas applicants who may be sponsored under this category in the period 6 April 2011 to 5 April 2012. • This limit excludes in-country applications for leave to remain, and any applications where the job being sponsored has a salary of £150,000 or above. • The size of the limit has been established following advice from the Migration Advisory Committee and will be reviewed by 6 April 2012. • To prevent the limit being exhausted early in the year, it will be divided into monthly allocations. Each month, requests by sponsoring employers to sponsor Tier 2 (General) applicants … tens of thousands. 12.3 The annual limits introduced by this Statement apply only to the period 6 April 2011 to 5 April 2012. These limits will be reviewed before 6 April 2012 and a further Statement of Changes will be laid before Parliament. 12.4 The exemptions from a visit visa requirement for Omani, Qatari and Emirati nationals holding Diplomatic and Special passports will be regularly monitored. 13. Contact 13.1 Queries specifically regarding this Statement of Changes only should be addressed as follows: • Points-Based System (other than settlement): to Richard Jackson at the UK Border Agency …

Review method

Two separate automated exact-claim source reviews

Other United Kingdom changes operative in 2011

• 2011-04-21Statement of Changes in Immigration Rules [HC 908]
• 2011-06-02The Immigration (European Economic Area) (Amendment) Regulations 2011
• 2011-07-04Statement of Changes in Immigration Rules (HC 1148)
• 2011-07-14In Schedule 1( 3 ) after “Vietnam” insert “Yemen”.
• 2011-11-28Reduction of Minimum Age for Marriage and Partner Visas and Sponsors from 21 to 18 (HC 1622)
• 2011-12-01Revision to Certificate of Approval and Registration Procedures for Foreign Marriages (S.I. 2011/2678)
• 2011-12-12Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) (Amendment) Regulations 2011
• 2011-12-30The Accession (Immigration and Worker Authorisation) (Amendment) Regulations 2011