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News & Views Government consults on immigration

As has been widely publicised the Government is committed to review- ing the immigration system to achieve its overall aim of reducing net migra- tion. It have already consulted on and implemented changes to the rules for Tiers 1 and 2 (highly skilled and skilled migrants), and Tier 4 (students). Recently the Government has launched a consultation on proposals to reform the other work routes, including Tier 5 and the overseas domestic worker route. It is further consulting on mea- sures to break the link between tem- porary employment-related migration and settlement. Currently, migrants coming to the UK to fill roles under Tiers 1 and 2, or as overseas domestic workers, may even- tually apply to stay in the UK perma- nently. The Government believes that settlement in the UK should in fact be a privilege, and not an automatic add-on for temporary migrant workers. The Government also believes that settle- ment should be reserved for those who will contribute most to the UK. The Government consultation sets out various proposals, which include

establishing Tier 2 as a mainly tem- porary route to the UK; reforming Tier 5 for temporary workers ; and imple- menting language requirements for dependants of migrant workers who plan to make the UK their permanent home. Under the latest proposals the Government plans to categorise all visas as either ‘temporary’ or ‘perma- nent’. Permanent visas will be those which allow migrants to apply for set- tlement (indefinite leave to remain) in the UK. Only the ‘brightest and best workers’ will be allowed to stay perma- nently.Tier 2 will be defined as tempo- rary and so this will end an assumption that settlement will be available for those who enter on this route. The proposals create a new category into which, after 3 years in the UK, the most exceptional Tier 2 migrants can switch and go on to apply for settle- ment. Tier 2 migrants who do not switch into a settlement route will be allowed to stay for a maximum of 5 years with the expectation that they and any dependants will leave at the end of this period. The Government

plans to introduce an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement. For Tier 5 temporary workers the maximum period of leave will be 12 months.Moreover the Government is considering removing the ability of Tier 5 workers to sponsor dependants and/or remove the right of their depen- dants to work. More information about the propos- als can be found on the website, www. The final date for responses to the consultation is 9 September 2011.

Glasgow restaurant faces closure over immigration fine

The K2 restaurant in Glasgow’s Bathgate area may have to close after receiving a second hefty fine for employing illegal immigrants. Owner Nas Nabi faces having to pay a total of £20,000 and has said he may have to shut up shop, if the fines are enforced.

In the latest raid by the UK Border Agency (UKBA) on his K2 restaurant,

an Indian man was found working ille- gally, and steps are now being taken to deport him. An earlier raid in November had found another Indian man work- ing illegally, and he has already been deported.

Phil Taylor, regional director of the UKBA in Scotland and Northern Ireland, comments: “We will not tol-

erate illegal working which threat- ens to damage our communities - it undercuts wages and exploits vulner- able workers. The UK Border Agency will act on intelligence to target those businesses which ignore the rules and remove those with no right to be in the UK.”

Spice Business Magazine


July/August 2011

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