36k/year - possible future requirement for EEA residents?

Hi,

The freshly introduced 36k/year requirement for IRL has been bothering me, but now that Brexit happened I'm in full on worry mode. I wanted to see what is the thought of other's about the possibility of such change to EEA migration/residency.

I have a permanent residency application with Home Office at the moment. However in the light of Brexit - and since a few mentioned that probably the new residency status could be changed to IRL + a likely new PM like Theresa May or Boris - I'm getting immensely worried about the introduction of such wage requirement.

I earn a little bit less than that, but still wouldn't make the cut and seeing that I'm working in arts it's unlikely I would easily find a better paying job quickly. I knew of non-EU people who had to leave because of it, and I would not wish to give up my home of almost a decade just because I don't earn the amount Westminster think should be the average wage...

The £35k per annum requirement is ONLY for Tier 2 General migrants. There are many different visa categories under the UK immigration rules.

CR001 wrote:The £35k per annum requirement is ONLY for Tier 2 General migrants. There are many different visa categories under the UK immigration rules.

Hi,

I know that. But seeing that the most similar tier for EEA people working in similar jobs as me would be Tier 2 or IRL, I'm worried of some kind of extension of it, especially as they keep talking about point systems and restrictions.

also I thought for Tier 2 u needed only £20,800..

Though I must say I'm not sure the industry and role I'm working in counts as 'skilled work', if I look at the strict definition of it...

tresgoya wrote:

CR001 wrote:The £35k per annum requirement is ONLY for Tier 2 General migrants. There are many different visa categories under the UK immigration rules.

Hi,

I know that. But seeing that the most similar tier for EEA people working in similar jobs as me would be Tier 2 or IRL, I'm worried of some kind of extension of it, especially as they keep talking about point systems and restrictions.

also I thought for Tier 2 u needed only £20,800..

Though I must say I'm not sure the industry and role I'm working in counts as 'skilled work', if I look at the strict definition of it...

The requirement for ILR from tier 2 is now £35k and has a sliding scale increase over the next couple of years.

For Tier 2 you also need a sponsor who has completed RLMT and issued a valid SoC and CoS. Takes a while to do this process and is expensive too compared to EU route.

tresgoya wrote:I have a permanent residency application with Home Office at the moment. However in the light of Brexit - and since a few mentioned that probably the new residency status could be changed to IRL + a likely new PM like Theresa May or Boris - I'm getting immensely worried about the introduction of such wage requirement.

You should get your DCPR long before the rules change.

Richard W wrote:

tresgoya wrote:I have a permanent residency application with Home Office at the moment. However in the light of Brexit - and since a few mentioned that probably the new residency status could be changed to IRL + a likely new PM like Theresa May or Boris - I'm getting immensely worried about the introduction of such wage requirement.

You should get your DCPR long before the rules change.

Hi Richard,

Yes I hope my application will be ok and I get my hands on it soon. However they changed the 36k rule this April (if i remember well) for people who already had the ILR. So I'm just worried that nothing really will prevent them doing the same with people holding DCPRs already now that Brexit is a reality.

tresgoya wrote:However they changed the 36k rule this April (if i remember well) for people who already had the ILR.

You seem to have a misunderstanding. The £35k requirement is for people who are still going to be applying for ILR from Tier 2 General not for people who already have ILR.

CR001 wrote:

tresgoya wrote:However they changed the 36k rule this April (if i remember well) for people who already had the ILR.

You seem to have a misunderstanding. The £35k requirement is for people who are still going to be applying for ILR from Tier 2 General not for people who already have ILR.

Hi,

My point is that there is NO guarantee Westminster will not think this same rule shouldn't apply to us, when they decide that PRs are obsolete now and they need to be converted to IRL with the wage requirement..after all they want controlled immigration. what is the guarantee they won't cherry pick from people already here too

that is my problem and worry...

The likelihood is that people who have PR status will convert to ILR. They won't have to meet the Tier 2 General to ILR requirements in the way that you are thinking. The rules for ILR from Tier 2 General are very different to other visa categories and more stringent. Many other visas are fairly simple to get to the ILR point. So you need to look at the whole picture and not just focus on the Tier 2 G which is the only visa that has the £35k requirement for ILR.

There will very likely be transitional arrangements but it is far to early for anyone to guess what they might be. The Financial Times has a good write up about it if you are a subscriber or get a copy.

The worry has to be that transitional arrangements for residents could be a bargaining chip.

Richard W wrote:The worry has to be that transitional arrangements for residents could be a bargaining chip.

I would be very surprised if that would not be the case.

In a hostile divorce scenario, the European citizens will become collateral damage.

If this were a divorce, the current situation is that the UK has merely expressed the opinion that the marriage is not working and rather than going for reconciliation, the EU has gone hard-line and is threatening dire actions in the event of divorce.

Richard W wrote:The worry has to be that transitional arrangements for residents could be a bargaining chip.

Well, listening to Theresa May's speech that is exactly what seems to happen.

A Times journalist asked to confirm that there would be no change in the status of EEA people already living here and she basically said that she couldn't confirm that, as it has to be the part of the negotiations.

While of course this can mean many things, and she is not even selected as PM, it does not sound encouraging at all...

But at least she doesn't plan on triggering Article 50 till early next year. So hopefully by the time they have all the talks I can get my naturalisation under way...fingers crosses anyway...

Well, I don't see anything changing for the next 2 and half years- at least. Remember that until the exit the EU law is valid. This should be enough for the majority of EU citizens living here to get PR and/or citizenship.

For the remaining - well, I don't see a way that UK will be a member of the single market without allowing free movement of people, so it shouldn't be a concern for now. I see that it'll be difficult this to be accepted, but leave campaign should be more careful when making promises.

giorgosa wrote:Well, I don't see anything changing for the next 2 and half years- at least. Remember that until the exit the EU law is valid. This should be enough for the majority of EU citizens living here to get PR and/or citizenship.

For the remaining - well, I don't see a way that UK will be a member of the single market without allowing free movement of people, so it shouldn't be a concern for now. I see that it'll be difficult this to be accepted, but leave campaign should be more careful when making promises.

Yes, I'm too hoping for the EU law staying intact for a couple of years without any national laws being introduced to slightly alter it, as early results of bargaining. (I'm an ex-lawyer, so I always keep a dubious eye out for loopholes and policy and I have hard time trusting in what they say for now).

I doubt the access to single market without free movement will work. Based on the candidate speeches and EU current statements none of them would settle for that. Norway doesn't have that either. Yes, things can change but imho they won't give up the restriction of the free movement, seeing as that is being cited as the main reason for leave for many people, besides the autonomy..

I'm also curious how the EU university fees will be affected. I was planning on doing a Masters' next year. I guess I just have to wait now till September when unis usually declare the fees and the student status for the next academic year.