Dependants
Skilled workers and postgraduate students will continue to have the right to bring dependants. Dependants are spouses, partners and children (below the age of 18 at point of entry), and their application is linked to that of the main applicant. In general, dependants have near full access to the UK labour market and can work at any skill level. School-age children accompanying a migrant are entitled to state education. Dependants must also pay the Immigration Health Surcharge.
Switching
Under the Points-Based System, we will allow most migrants to apply to switch from one immigration route to another without having to leave the UK. This will support employers in retaining the talented staff that they have invested in.
However, there will be no relaxation of the qualifying criteria for the route being switched into. A migrant will still have to meet the requirements for that route. They will also have to pay the same fees, relevant charges, and complete the same application.
There will be no right to switch in the UK for work or study for those on short-term routes such as visitors and seasonal workers.
Criminality and Deportation Thresholds
A robust and consistent approach to applying the UK criminality thresholds for the refusal of entry, permission to remain in the UK, deportation and exclusion, to EU and non-EU citizens, will be taken as part of the Points-Based System.
Those seeking entry to the UK can be refused where they have:
- a conviction with a custodial sentence length of at least 12 months;
- committed an offence which caused serious harm;
- are a persistent offender who shows a particular disregard for the law;
- their character, conduct or associations means their presence is not conducive to the public good.
Those already in the UK who are sentenced to 12 months or more in prison must be considered for deportation. Where the 12-month criminality deportation threshold is not met, a foreign criminal will still be considered for deportation where it is conducive to the public good, including where they have serious or persistent criminality.
For EU citizens who are protected by the Withdrawal Agreement or the UK’s domestic implementation of the withdrawal agreements, the tougher UK criminality thresholds will apply to conduct committed after the end of the transition period. The EU public policy, public security or public health test will continue to apply to their conduct committed before the end of the transition period.
We will ensure our enforcement system is fair, protects the public, upholds our immigration policies, and acts as a deterrent to those who might seek to frustrate those policies. Encouraging and supporting compliance will be at the heart of the Points-Based System. Compliance with UK immigration laws and rules is an essential part of an immigration system which operates fairly, robustly and with integrity.
We will continue to set out clearly to those wishing to the come to the UK, and those seeking to remain in the UK, what is expected of them and the consequences of not complying with immigration laws and rules. Migrants are expected to observe the conditions of their permitted stay and not to remain beyond the period of their lawful status. Those who breach our immigration laws and rules place themselves at risk of exploitation by unscrupulous bodies such as organised crime groups and rogue employers and landlords.
