Over the past weeks a lot of panic was caused by incorrect media reports on the introduction of the UK minimum income threshold, stating that people will be deported within three months if they do not earn £35 000 per annum.

To set the facts straight, Breytenbachs Immigration Consultants (BIC) has compiled a short guideline on this UK minimum income threshold and how it will affect South Africans living and working in the UK.

Background

The UK Home Office will be introducing a minimum income threshold for Tier 2 (General) and Tier 2 (Sportsperson) migrants applying for Indefinite Leave to Remain (ILR) in the UK. This will come into effect from 6 April 2016.

This means that from 6 April 2016, Tier 2 applicants will have to earn at least £35 000 per annum to apply for Indefinite Leave to Remain, unless one of the exceptions applies. If they are not able to prove that they earn the minimum income, they will not be eligible to apply for Indefinite Leave to Remain. They may have to leave the UK at the end of their visa’s validity unless they are able to further extend that visa or can find an alternative route to remain in the country.

The introduction of this new minimum income threshold will thus only affect persons in the UK on Tier 2 (General) and Tier 2 (Sportsperson) immigration routes.

It will not affect applicants applying for permanent residence (Indefinite Leave to Remain) in any of the other immigration categories.

In the meantime, a petition was started to urge the UK Government to halt the law coming into effect. The possibility of a rule change before its introduction is however very slim, as the new minimum income threshold has already been included in the UK Immigration Rules.

Exceptions to the rule

Fortunately there are also exceptions to this income threshold for Tier 2 migrants.

Tier 2 migrants whose occupations appear on the Shortage Occupation List will not have to fulfil the minimum income requirement. One of the occupations which would have been hit the hardest by the introduction is nursing. Fortunately, the UK Government added the occupation of nurses to the Shortage Occupation List in October 2015, which is obviously good news for South African nurses working in the UK.

If a Tier 2 migrant is skilled to Ph.D. level, the migrant will also be exempt.

Other exceptions include:

• under certain circumstances, sponsored Tier 2 (General) migrants if their occupation was previously listed on the UK Shortage Occupation List;
• Qualifying Work Permit holders who took a period of leave during the continuous five-year period preceding their ILR application; and
• Tier 2 migrants with a Certificate of Sponsorship that were assigned before 6 April 2011 and who took a period of leave during the continuous five-year period preceding their ILR application.

Persons unable to satisfy the UK minimum income requirement

Normally, a Tier 2 holder can apply for Indefinite Leave to Remain in the UK after spending five years in the UK in this capacity. Should they not be able to qualify, they may be able to remain in the UK for a further 12 months in this capacity, bringing their total period of stay as a Tier 2 migrant to six years.

Persons who are unable to qualify under the minimum income threshold do not, therefore, have to fear reports in the media of them being deported within three months.

Looking ahead

Breytenbachs Immigration Consultants (BIC) highly recommends all readers who think they might be affected by the introduction of the income threshold to get in touch with BIC without delay. Where possible we will assist with an alternative route to extend their stay in the UK.

We also strongly urge Tier 2 (General) and Tier 2 (Sportsperson) migrants who will not be able to fulfil the minimum income threshold and who do qualify to apply for Indefinite Leave to Remain before 6 April 2016, to contact us without delay.