The Immigration Rules covering highly skilled migrant workers will change on 31 March 2009, raising the academic and financial requirements of two categories in Tier 1 of the points-based system. At the same time, the resident labour market test will be strengthened to ensure that skilled jobs are advertised within the United Kingdom before they can be offered to migrant workers.

Both changes are in line with the Home Secretary's announcement on 22 February of new measures to "raise the bar" for foreign workers wishing to work in the United Kingdom.

Changes to Tier 1 of the points-based system for highly skilled workers

Changes for the T1 (General) and T1 (Post-Study Work) categories will come into effect for all applications submitted on or after 31 March 2009.

The Tier 1 (General) changes will apply to migrants who are applying for permission to enter the United Kingdom in this category for the first time, or who are applying to switch into the Tier 1 (General) category from another category. Anyone applying for an extension of their permission to stay under Tier 1 (General) will not be affected by the changes.

The earnings multiplier for overseas earnings will still apply for initial applications only. There has never been a provision for overseas earnings to be multiplied at extension stage.

The changes to the Tier 1 (Post-Study Work) category mean that applicants will not be awarded points for Postgraduate Diplomas or Postgraduate Certificates other than Postgraduate Certificates in Education.

The UK Border Agency has published revised guidance for Tier 1 (General) and Tier 1 (Post-Study Work) applications - see the links on the right side of this page. This guidance is for applications sent to us on or after 31 March - if you want to apply on or before 30 March, you should continue to use the current guidance.

Changes to the resident labour market test

The resident labour market test prevents employers from offering skilled jobs to migrant workers without first advertising them to workers who are already settled here.

From 31 March 2009, an employer wishing to sponsor a migrant to do a job under Tier 2 (General) will not pass the test unless the job has been:

• advertised to settled workers in Jobcentre plus; and
• advertised using one other method permitted by the relevant code of practice.