UK Borders Agency
Friday, 19 August, 2011

The Government believes that immigration has enriched our culture and strengthened our economy, but that it must be controlled so that people haveconfidence in the system. It has already announced a limit on the number of skilled non-EEA workers coming through Tiers 1 and 2 of the points-based system and also changes to the student visa system in Tier 4 of the points-based system. The Government shall be consulting separately on the rules applying to those who come to the UK for family reasons such as marriage.

In this consultation, the Government reviews how those who come here to work in Tiers 1 and 2 may be granted indefinite leave to remain, or settlement, in the UK. Reducing net migration is not just about reducing the numbers coming here; it is also about increasing the numbers who leave after their initial stay. The Government wants the brightest and best, those who contribute to our economy and who are really needed by the UK, to be able to stay here permanently.

However Tier 2 of the points-based system will in future be regarded as a temporary, not a permanent migration route. Only Tier 1 will give a pathway from entry to settlement for investors and entrepreneurs. It is expected that most Tier 2 migrants will return home at the end of their stay. A few will be allowed to switch into Tier 1, or into a new route that sits alongside Tier 1, and to proceed to settlement. This consultation is about the mechanisms for selecting those migrants.

Second, this consultation reviews the routes by which migrants can enter the UK to work, other than through Tiers 1 and 2 of the points-based system. This includes Tier 5 of the points-based system (Temporary workers and youth mobility), overseas domestic workers in private households and UK ancestry. The Government is consulting on some changes to Tier 5 to underline the fact that this is intended to be a temporary, not permanent route. It is also proposing to remove the route for domestic workers in private households, or reform it and the route for private workers in diplomatic households by removing their right to switch employer and to settle here. Their assignments should be strictly temporary.

At the same time we need to look at what more we can do to equip new migrants with the tools they need to integrate, communicate and contribute to society. An ability to speak English is vital. Those migrants who come here to work have, for a number of years, been required to meet an English language requirement prior to entry. The GovernmentI now wants to consider whether we should require dependants of Tier 2 workers to speak English as a condition of switching into a settlement route.

In 1997, less than 10,000 migrant workers, including dependants, were granted indefinite leave to remain in the UK. By 2010, this had increased to 84,0001. This represents an increase from 17% of total settlement grants in 1997 to 35% in 2010. Progression to settlement has become almost automatic for those who choose to stay. The Government shall break that link and return to a position where Britain will continue to attract the brightest and best workers, who will make a strong contribution to our economy and society during their stay, then return home. A small number of exceptional migrants will be able to stay permanently but for the majority, coming here to work will not lead automatically to settlement in the UK.