Tough Interim Limit on Non-EU Migrant Workers

Prior to the election, David Cameron took a tough line on immigration, vowing to bring annual net migration figures down from about 170,000 a year to just “tens of thousands”. At the time, the Liberal Democrats attacked proposals to cap immigration, but have since agreed to back the policy as part of the Government’s coalition deal.

We can expect the exact numbers and restriction measures that will be put into place to be revealed sometime during the year and these will be enforced in April 2011.

In the meantime, Home Secretary Theresa May has announced the Government’s plan to introduce a temporary cap, which will limit the number of non-EU workers coming into the UK between now and April 2011 to just 24,100.

The temporary cap is of course aimed at preventing a rush of applications prior to the permanent cap being set.

“This is something we have known was pending, with the impact still largely unknown at this stage,” says Robyn Cory, Visa Manager at 1st Contact.

“We advise that all those that currently qualify take advantage and apply as soon as is possible to ensure a reduced affect of this new policy on their dream to live and work in the UK.” continues Cory.

“Immigration law and policy changes are highly volatile at this stage and it is always advisable to contact an experienced and reputable visa agent like 1st Contact Visas, who are able to help manoeuvre through the immigration minefield “.

UK Tier 1 Visa Assessment

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  • LNO

    On skynews they said that there will be “tougher rules for highly skilled migrants”. Is this over and above the non eu cap? and when will these regulations be implemented? im on the verge of applying but not sure how this will affect me?

  • Robyn Cory

    Hi LNO,

    Currently we can only comment on the proposed changes and will need to wait until the Migration Advisory Committee and other parties have reviewed and obtained feedback on the social and economic impact of the proposed cap on the UK economy and migration law and policy to have a definitive answer.

    To date we are aware of the 19th July 2010 deadline, after which a minimum of 80 points is needed to meet the criteria for the Tier 1 Visa. I would suggest completing our free online assessment to determine your eligibility prior to the 19th July 2010 and this will also provide you with your points based on application after the 19th July 2010.

    We look forward to being of assistance to you.

  • craig

    Is the ancestral visa been affected?

    • Robyn Cory

      Hi Craig,

      Currently the Skilled Migrant visas (Tier 1 and Tier 2) are being reviewed for the proposed changes and all Multi-national company transfers, and other visa categories are unaffected at this stage by the proposed Government changes.

      We are expecting further information by the end of September 2010 when the consultative process with the UK government and MAC (Migration Advisory Committee) is due to be concluded.


  • Leslie

    was on the verge of applying for my visa as well.
    On the 19th will only have my maintance funds for 88 days, not the required 90.
    So if they dont change the brackets I cant get it anymore.
    Crazy to think that I put in so much effort and cash to get it, only for it to change on the last second. Really wish the change could be for the end of July so I could still have a chance.

  • raj

    will this affect dependent visa as well?

  • Jason

    Possibly the stupidest immigration policy introduced for a while. Hey, let’s quickly cap the non-eu migrants (that have to formally apply, go through a rigorous screening process and cannot claim benefits) and let the countless numbers of EU migrants through (that have no screening other than a passport/customs check and can claim benefits). Don’t get me wrong, I have no issues with EU migrants coming in, I just think the UK seriously needs a better system of letting anyone (EU and non-EU) in to the country. This should at least be based on any excess of jobs available in the country and how much load systems such as health, transport, housing can actually take.

  • Jerome c Scott

    Yeah why all these intense procudures and “red-type”, i’ve lived in the UK a while back as a Professional NON-EU migrant worker and enjoyed it and who knows i might return someday, but with all these rules and regulation it seems more and more unlikely(sadly).
    Most NON-EU migrants have to go through intense application processes and invest lots of money in the process and never claims “benefits” geesh i did not even know how these “benefits’ worked, and frankly was NOT even interested(I worked hard for my $$$) ,so in my opinion(NOT that it will make a difference) the UK are turning away valuble knowledge and experience, bad timing as this is vital and crucial to your struggling economy!
    But i guess Immigration makes for
    “HOT-topic” and debate in Parliament, they should instead FOCUS on the EXPENSES-SCANDAL, they are losing tons of money in this area!!!
    Also 1st Contact you are losing out on Valuble BUSINESS,,, so please fight these CRAZY-rules!!!
    Thanks, Anony:-)

  • Prakash

    i am in uk on tier 2 inter company tranfer, do this cap apply to me when extending visa or applying tier 1? also will new tier 1 100 points apply for me? plz response, tkx.

    • Robyn Cory

      Hi Prakash,

      Extensions are not currently affected by the proposed UK Government changes for Tier 2 inter company transfers; however should you apply for the Tier 1 after the 19th July 2010, the minimum 80 points with the mandatory 10 points each for English Language and Maintenance requirements will apply.

      I would suggest completing our free online assessment to determine your eligibility prior to the 19th July 2010 and this will also provide you with your points based on application after the 19th July 2010.

  • Mbeni

    We are going to do the same in Africa. all European have to live Africa because their people dont want us in Europe too. African people open your eyes please.

  • frq

    Please explain
    ”Is the CAP on non EU immigrants mean the non EU people who are already in UK who are eligible to aplly for HSMP or Is this CAP only on out of UK and want to apply for HSMP?????
    plz clear this point if you can

    • Robyn

      Hi Frq,

      The cap on Non EU Nationals is targeted at all first time applications for the Tier 1 General visa, and for Tier 2 applications the initial and extension applications based on the proposed limititation of sponsorship entitlements of approved organisations to issue sponsorships.


  • Lennard


    I applied for my tier 1 visa last week (before the 19th of July rule change). If successful how will this affect me when I renew my tier 1 visa?

    will the rules applicable on the date of application still be applicable when trying to renew it or will the current rules in 2 years time be applicable? (obviously this has got to do with the number of points I have to get).

    thanks again for all 1st contacts help. Will definately use their services once im in the UK (hopefully).


    • Robyn Cory

      Hi Lennard,

      The extension criteria for all visas is based on the criteria at the time of intial application.
      Looks like you just made it!

      We look forward to being of assistance to you.

  • Bev

    with all the talk of strict new immigration laws in the UK, I’m a bit concerned about whether or not it will affect me, I’m South African by birth, I married a Brit in 1998 & we moved to the UK. The marriage didn’t last but I stayed on in the uk for the next 10 years, got leave to remain & eventually British citizenship. I returned to South Africa in January this year & am wondering if any of the new laws could prevent me from returning to the uk in a few years time? My British passport expires in 2011, will my citizenship remain?
    Your advice would be very much appreciated.

    • Robyn Cory

      Hi Bev,

      The obtainment of a British Passport is in fact the obtainment of British Citizenship which is for life.
      Upon expiration of your passport, you can renew it.

      • Bev

        Thanks very much Robyn x

  • Lennard

    Thanks for the reply Robyn.

    so my initial application was on 12th of July (before the 19 july rule change) but my visa is only valid from 1 August. So when I renew my visa the same rules will apply that was applicable on the date of initial application. How do you prove when you applied for your visa. On the visa it only states when it is valid from (which is 1 August 2010).

    thanks again for your help.

    • Robyn Cory

      Hi Lennard,

      The best advice would be to retain all related lodgement documentation, copies of your application, receipt of payment etc.
      The UKBA will also have all related information on file. The date of 01 August 2010 is your visa start date, but not the date on which you applied. Your visa was granted based on the rules prior to 19th July 2010.

      I hope that helps!

  • Bevt

    Hi Robyn
    Please see my question sent on 13 July above, can you possibly advise me? ..please?

    Thanks v much

  • Sai


    I am Tier1 visa holder from 2008 june. I am not sure if the permanent cap will effect the Tier1 Extension visa aswell?

    I saw a reply saying,, extension applications are treated with the rules of initial application -> can you please confirm if this is the case???


    • Robyn Cory

      Hi Sai,

      You are correct, the implementation of the current cap will not affect Tier 1 Extensions, as these are based on the initial rules at the time of your initial application.

      • Sai


        Thanks for the reply.
        my extension comes in July 2011 which is after the april 2011 proposed permanent cap!

        I just want to know if the proposed permanent cap also includes the Tier1 extension visa holders aswell???

        kindly let me know..


  • dean

    Currently I am on Tier 2 ICT. Given a scenario if I get another job in UK can 1st contact help me to switch to Tier 2 to another company. What is the process of doing so?