There are many concerns pertaining to the £35,000 yearly earnings required to non-European skilled workers who arrived the UK in April 2011 with a Tier 2 (General) or Tier 2 (Sportsperson) visa if they apply for permanent settlement also known as ILR (Indefinite Leave to Remain.

From 6 April 2016, some skilled non-EEA workers with Tier 2 visas will only be eligible to stay in the UK permanently if they are earning at least £35,000. A related e-petition on the Parliament website, which is calling on the Government to ‘scrap the £35k threshold for non-EU citizens settling in the UK’, is awaiting a formal Government response.

There are nearly 4,000 nurses who will be affected by this strict implementation of the income threshold. It means that a a Tier 2 migrant will have to earn at least £2,916.67 gross income per month. This is far from the current earnings most nurses get.

Frequently Asked Questions:

In October 2015, nurses has been added to the Shortage Occupation Shortlist. Why is the UK recruiting nurses now in the Philippines and other countries? The answer to this by the parliament is that: “This is a temporary measure, pending advice from the Migration Advisory Committee (MAC) on whether there is evidence of a shortage of nurses or specific nursing job titles.” It means that depending on the findings of the MAC, if they see that there is a genuine need for nurses, then recruitment will progress. The way I see it personally is t

The way I see it personally is that the recruitment has nothing to do with the issue of settlement for those Tier 2 migrants in the UK. It is like a big company who keep recruiting new contractual employees but letting go their permanent employees who are earning a lot equivalent to many contractual who can do much more.

Why was the salary requirement introduced? 

The salary threshold is intended to ensure that “only the brightest and best workers who strengthen the UK ecconomy” will be able to settle permanently in the UK.

This is this incumbent Conservative Party government is gearing towards. The “best and the brightest”. Their barometer of a person’s “greatness and aptitude” is knowing which salary bracket he or she is in. If a company is paying on or above that £35,000 per year, then it means that a person is highly qualified with a lot of potentials to offer the UK economy.

It is very likely to see that more and more new nurses are coming in and those who cannot meet the financial requirements will have to decide to leave the United Kingdom or find any other route to remain and regularise their status.

The material contained in this article is intended to provide a general guide to the subject matter. Readers should not act on the basis of the information without taking professional advice.

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About the Author:

Don Magsino MBA is a graduate of Ateneo De Manila University Graduate School of Business. He attended Oxford Brookes University Law School in Oxford and is currently at University of Law in London. He is a qualified and a practicing Immigration Advocate in the United Kingdom. His mobile phone is 07446888377 / Direct Line: 0207 316 3027 Email is don@stanfordlawassociates.co.uk. His London office is located at 239 Kensington High Street, London W8 6SN. He is accredited by the Law Society in England and Wales and regulated by the Office of the Immigration Services Commissioner (OISC) Level 3: highest level in immigration professionals. He has represented clients in the First-tier Tribunal, Immigration Detention Courts and Deportation and Bail Hearings and to the Upper Tribunal and won many complex and difficult cases in immigration law in the United Kingdom. Visit http://www.stanfordlawassociates.co.uk