Tier 2 disparity of rights?

[warrior]

I am a British citizen abroad and am currently looking to repatriate. I would be looking for work within the scope of a Tier 2 application. In other words other applicants to the posts to which I apply may be foreign immigrants looking to apply for tier 2 visas. I have been told that if I take such post that my dependent (long term husband and father of my 6 yrs old child) may not join me until I can produce 6 months wage slips and then he would have a 3 month processing time to obtain a visa. I also hear that if I was the foreign national applying for the same post then I would be able to apply for my dependents to join me and they would be able to work too. Can anybody explain why this is the case? If I am able to obtain dual nationality and revoke my British nationality would I have more immigration rights?

[ukswus]

I am a British citizen abroad and am currently looking to repatriate. I would be looking for work within the scope of a Tier 2 application. In other words other applicants to the posts to which I apply may be foreign immigrants looking to apply for tier 2 visas. I have been told that if I take such post that my dependent (long term husband and father of my 6 yrs old child) may not join me until I can produce 6 months wage slips and then he would have a 3 month processing time to obtain a visa. I also hear that if I was the foreign national applying for the same post then I would be able to apply for my dependents to join me and they would be able to work too. Can anybody explain why this is the case? If I am able to obtain dual nationality and revoke my British nationality would I have more immigration rights?

I understand your frustration, but keep in mind that the minimum salary for obtaining Tier 2 is about 20,000 (and for many occupations, it is significantly more than that). So, requiring Tier 2 holders to show they earn more than 18,000 would be kind of redundant (in some occupations, the minimum salary is 40,000+).

Not sure what would happen if you renounced British citizenship. But again, keep in mind that obtaining Tier 2 visa is very difficult, as you will need to convince a British employer to invest a lot of time and money into hiring you. Moreover, they will have to clearly prove that there was no other British/EU citizen available to do the job, otherwise you will not get the visa. Also remember that as an immigrant you will not have right to any benefits for at least 5 years (but will have to pay the same tax as everyone else, if not more (the government considers imposing an additional "NHS levy" on immigrants). You will also need to pay thousands of pounds obtaining and extending your work visa. If you are fired at any time, you will be required to leave the country, regardless of the fact that you may have bought property, have kids here etc.

So, in summary, no, immigrants do not have more rights than the Brits, and are not here taking advantage of an easy ride.

[warrior]

It is not the salary that is the problem and I am not against immigrant workers having jobs at all. It is simply that there is a disparity in their rights to be with their family members when British citizens are forced to live apart from their husbands and children are forced to live with out their father. I thought that immigration law was supposed to be about ensuring the legitimacy of entrants and not preventing its own nationals from settling with their legitimate long term family members. I fail to understand why a British persons husband cant apply as soon as his partner has a job offer if a foreign national can. I wish to understand the logic behind the cruelty of this new law. For me to repatriate I will need to live without my husband for at least 9 months and my son will be deprived of his father. (By the way I interviewed and offered posts within the NHS for many foreign nationals who were much needed within our service.)

[thebionicredneck2003]

Hi,

I understand your pain, but sadly there is nothing anyone here on the forum can do about something that has been passed into law, as it was made by the british government and trying to understand the rationale behind it is probably a futile effort.

There have been lots of complaints about the new laws keeping families separated but once again it is only the government that can modify the law.

Hopefully, you can find a solution that works best for you and your family.

Good luck

[ukswus]

It is not the salary that is the problem and I am not against immigrant workers having jobs at all. It is simply that there is a disparity in their rights to be with their family members when British citizens are forced to live apart from their husbands and children are forced to live with out their father. I thought that immigration law was supposed to be about ensuring the legitimacy of entrants and not preventing its own nationals from settling with their legitimate long term family members. I fail to understand why a British persons husband cant apply as soon as his partner has a job offer if a foreign national can. I wish to understand the logic behind the cruelty of this new law. For me to repatriate I will need to live without my husband for at least 9 months and my son will be deprived of his father. (By the way I interviewed and offered posts within the NHS for many foreign nationals who were much needed within our service.)

Well, not that it will help you, but objectively speaking, you and people like you are a collateral damage of anti-immigration sentiments in the UK. The British government, rather single-mindedly pursues the net migration target, and many British citizens have fallen victims to it. I expect it only to be the start of many other changes, which may impact British citizens in one way or another.

[warrior]

I thank you all for your responses. I would really like to know if there are any agencies around that actually help immigrants find work permit jobs that match their skills. Trying to think outside of the box now.