Select Committee on Economic Affairs First Report


APPENDIX 8: RIGHTS AND RESTRICTIONS FOR DIFFERENT TYPES OF IMMIGRATION STATUS OF NON-EEA MIGRANTS

Migrant category Maximum duration of stay Right to apply for settlement and citizenship Access to labour market/Conditions on right to work Rights in the labour market Family reunion
Work Permit Holder(Tier 2 from 3rd Quarter 2008) Available for up to 5 years. Extendable. Yes. Time as a work permit holder does count towards settlement and citizenship. Yes—but only for specified employer in specified role as per work permit application. Employee tied to employer.Yes. Work permit holder able to bring any children/ overage dependant/spouse/ unmarried partner/civil partner to the UK as dependants.
Work permit dependant (Tier 2 dependant from 3rd quarter 2008) Available for up to 5 years and extendable, in line with primary work permit holder. A dependant can apply for settlement in line with the primary applicant, but time spent as a dependant will not found an independent application. Yes—subject to statutory laws where underage dependant. Work permit dependant can work for any employer in the UK i.e. not employer specific permission like primary work permit holder No. Work permit dependants cannot bring wider family members to the UK—family dependency must tie to primary work permit holder
Highly Skilled Migrant (Tier 1-General from April 2008) 2 year initial grant. 3 year extension on application Yes. Time as an Highly Skilled Migrant (HSM) does count towards settlement and citizenship. YesYes—HSM can work for any employer in the UK i.e. not employer-specific permission like work permit holder Yes. Work permit holder able to bring any children/overage dependant/spouse/unmarried partner/civil partner to the UK as dependants.
Highly Skilled Migrant Dependant (Tier 1 general dependent from April 2008) 2 year initial grant. 3-year extension on application, in line with primary applicant. A dependant can apply for settlement in line with the primary applicant, but time spent as a dependant will not found an independent application. Yes—subject to statutory laws where underage dependant. HSM dependant can work for any employer in the UK No. HSM dependants cannot bring wider family members to the UK—family dependency must tie to primary work permit holder
Student (Tier 4 from 2009)For duration of specified course e.g. 4 year max No. Time as student does not count towards settlement and citizenship, unless under 10 year long residence rule. YesYes—any employer, up to 20 hours per week during term time, full-time during course holidays but not in "permanent" role. No self-employment Yes. Student able to bring any children/over-age dependant/spouse/unmarried partner/civil partner to the UK as dependants.
Student Dependant In line with student course e.g. 4 years max. No. Time as student dependant does not count towards settlement and citizenship, unless under 10 year long residence rule. YesStudent dependant can work full-time for any employer in the UK No. Student dependants cannot bring wider family members to the UK—family dependency must tie to primary student
Working Holidaymaker (WHM) (category will be obsolete from 3rd quarter 2008—Tier 5 exchange only) 2 year grant. Non extendableNo. Time as WHM does not count towards settlement and citizenship—it is a temporary category YesYes—any employer(s) for 12 months only of 2 year total. No
Dependant of a person present and settled
  
A British citizen or settled person in UK can bring children/ over-age dependant/ spouse/unmarried partner/civil partner to the UK as dependants.
2 years Yes. Time as a dependant does count towards settlement after 2 years and citizenship. Yes—subject to age restrictions for underage dependants Yes—any employer in the UKNo. Dependants cannot bring wider family members to the UK—family dependency must tie to person present and settled


Source: Immigration Law Practitioners' Association (ILPA). Note: The table covers many types of immigration status and is not a complete list.




 
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