UNITED KINGDOM: Indefinite Leave to Remain Changes

May 4, 2020 | Global

There have been changes in the Immigration Health Surcharge fee and in the minimum Tier 2 salary for Indefinite Leave to Remain applications.

Immigration Health Surcharge fee increase: The latest budget includes an increase in the Immigration Health Surcharge (IHS) for overseas nationals to use the National Health Service. It was only 2 years ago that the IHS fee doubled to £400 per year of the visa, and now it is set to increase to £624 per year of the visa. The government had announced its intention to increase the IHS fee in November last year. The new fees will apply to non-European Union (EU) citizens starting in October 2020 and to EU citizens starting in January 2021.

As has previously been the case, those with student or Tier 5 (Youth Mobility Scheme) visas will pay a lower charge of £470 per year of the visa. There is a small concession under the new IHS fee arrangements in a lower charge for children under 18 of £470.

Minimum Tier 2 salary for ILR applications: In a number of rule changes announced recently, the Home Office has confirmed a freeze on the increase in minimum salary requirements where sponsored Tier 2 (General) workers are applying for Indefinite Leave to Remain (ILR). The current minimum is either £35,800 or the minimum expected amount for the type of job, whichever is higher. That amount was due to increase to £36,200 on April 6, 2020, but the new announcement confirms the government will be following the advice of the Migration Advisory Committee which, in its report of January 28, 2020, recommended a freeze on this threshold while the policy for ILR applications is considered.

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SAUDI ARABIA: Update on Suspension of Work Visit Visas

At A Glance

Saudi Arabia is expected to introduce a new temporary work visa in the coming months, following the elimination of the country’s only short-term work authorization option in October.

Details of the new visa have not been released. Until the new visa becomes available, there will not be an immigration option for foreign nationals seeking to work short-term in Saudi Arabia. At this time, foreign nationals seeking to work in Saudi Arabia are advised to obtain a standard Work Visa, which requires a formal long-term employment relationship with a sponsoring company in Saudi Arabia, or to consider traveling with a Business Visa, which does not allow “hands-on” work.

We are discussing the impact of the change and potential solutions for short-term work with Saudi consular authorities and relevant ministries and will issue an update if new information becomes available.

INDIA: Short-Term Employment of Highly Skilled Professionals

Visa Length: The Indian employment visa allows for short-term employment for an organization registered in India for a duration of generally one year. Foreign technicians are eligible for a five-year employment visa. Highly skilled foreign personnel being employed in the IT software and IT-enabled sectors are eligible for an employment visa for a validity of up to three years. Experience Requirement: The applicant should be a highly skilled or qualified professional being employed at a senior level or as a technical expert. There also should not be a qualified Indian available for the same job that the visa holder will perform. The employment visa cannot be granted for routine, ordinary, or secretarial/clerical jobs. Petitioner: Although the employment must be in an organization registered in India, it may also be granted for a person who is employed by a foreign company or organization engaged for the execution of some project in India. Salary Requirement: The employee’s salary must be in excess of INR 16.25 lakhs (approximately $25,000) per year. However, this condition does not apply to: (a) ethnic cooks, (b) language teachers (other than English language teachers)/translators and (c) staff working for a foreign embassy or high commission in India. The […]