Annual limit for Tier 1 and Tier 2 visa applications

24 November 2010

The Home Secretary announced on 23 November 2010 a number of changes to immigration policy in respect of Tiers 1 and 2 of the points-based system, designed to deliver the government’s commitment to place a limit on non-EU economic migration to the UK.

Further details of these changes will be published before they are implemented in April 2011.

The changes announced yesterday are set out below.

Tier 1

The Tier 1 (General) route will be closed.

The Tier 1 (Entrepreneur) route will be reformed to make it more attractive. We will introduce flexibilities and create a new avenue for promising start-up companies which do not meet our investment threshold.

The Tier 1 (Investor) route will also be reformed to offer an accelerated route to settlement, depending on the level of investment.

The Tier 1 (Entrepreneur) and Tier 1 (Investor) routes will not be subject to a limit on numbers.

A Tier 1 route for persons of exceptional talent will be introduced. This will cover migrants who have won international recognition in scientific and cultural fields, or who show sufficient exceptional promise to be awarded such recognition in the future. Applications by those with exceptional promise will be endorsed by a competent body in the relevant field. The ‘exceptional talent’ category will be subject to a limit of 1,000 places. Tier 2 will continue to be open to migrants working in these fields. Read More

UK Government sets first annual limit for non-European workers

23 November 2010

A raft of new measures will strictly control the numbers that can come to the UK and work from outside Europe, the Home Secretary announced today.

As well as limiting the number of skilled non-European workers that businesses can bring into the country, the Home Office is tightening the intra-company transfer route (which will sit outside the annual limit) and restricting Tier 1 of the points-based system – the ‘highly skilled’ tier – to all but entrepreneurs, investors and people of exceptional talent.

The introduction of an annual limit was a coalition government pledge and will allow Britain to remain competitive in the international jobs market, while ensuring that migrant labour is not used as a substitute for those already looking for work in the UK.

To control those coming here, the government has committed to:

  • introducing an annual limit of 21,700 for those coming into the UK under the skilled and highly skilled routes – 20,700 under Tier 2 (General) and 1,000 under the new ‘exceptional talent’ route;
  • raising to £40,000 the minimum salary for those coming under the Tier 2 (Intra company transfer) route for more than 12 months;
  • restricting Tier 1 to all but entrepreneurs, investors and the exceptionally talented; and
  • requiring occupations in Tier 2 (General) to be at graduate level. Read More

Mistrial for Schizophrenic in Killing of Psychologist

A Manhattan judge declared a mistrial Monday in the case of David Tarloff, a schizophrenic man accused of hacking a psychologist to death in her Upper East Side office, after court-appointed doctors found him mentally unfit to stand trial.

The mistrial, declared by Justice Edward J. McLaughlin of State Supreme Court in Manhattan, came before a full jury was even selected. It brought yet another delay in the trial of Mr. Tarloff, who was arrested more than two years ago on charges that he fatally slashed the psychologist, Dr. Kathryn Faughey.

This was the second time Mr. Tarloff, who has a history of psychosis, was declared unfit for trial since his arrest. But last year, doctors determined that Mr. Tarloff was in a good enough mental state to stand trial, and so the case proceeded and opening statements were expected Monday. Read More

The Liverpool Saga

I chose not to blog about this issue but changed my mind when I realised not only was it an interesting topic from a sporting angle but also, it raises a lot of legal issues that lawyers, especially international lawyers, should take notice of. Also, most importantly, I believe patrons of my blog will find it interesting.

What makes this very interesting is the fact that it involves American owners (Hicks and Gillett) of a British entity (Liverpool) who sought an injunction in a different jurisdiction (Texas) to prevent a sale from taking place between an entity (Liverpool) based in England and an entity (NESV) based in Massachusetts.

Hicks and Gillett purchased Liverpool in 2007. Earlier this year they decided to put Liverpool up for sale and therefore brought in Martin Broughton to chair the board and lead the sale. A sale was necessary because of the debt (GBP237 million) owed to RBS by Liverpool. Hicks and Gillett initially wanted GBP600 million for Liverpool. However, NESV offered GBP300 million. It is estimated that Hicks and Gillett lost about GBP143 million as a result of this transaction. Read More