Indians benefit; UK immigration cap declared unlawful

20 December 2010

The vast majority of highly skilled migrants coming to the UK under the Tier 1 visa are from India. A recent High Court ruling has resulted in the interim immigration cap imposed in the summer no longer being valid; There are currently no limits on the number of Tier 1 visas and Tier 2 visas that can be issued to Indians looking to live and work in the UK under Britain's points based immigration system. However, this situation will probably not last for more than another one or two months.

In July of 2010, the Home Secretary announced a temporary cap on immigration. This cap was meant to prevent an expected surge in applications before a permanent immigration cap is imposed in April of 2011. The temporary cap on Tier 1 visas was administered on a monthly basis, which in recent months has meant that the immigration cap has been used up in the first ten days of the month.

However, the Home Secretary did not put the temporary cap to a vote before Parliament, effectively sidestepping wider Parliamentary approval for the highly controversial measure. The Joint Council for the Welfare of Immigrants (JCWI) and the English Community Care Association (ECCA) lodged a legal challenge in opposition to the immigration cap. The UK High Court ruled in their favour on 17 December 2010 and declared the immigration cap unlawful.

The cap may be imposed again in January or February 2011, but until then, Indians looking to immigrate to the UK with or without a job offer can apply without worrying that Tier 1 visas or Tier 2 visas will run out soon.

If you are a highly skilled individual wishing to live and work in the UK, applying now for a Tier 1 (General) visa or Tier 2 visa is strongly advised. You can fill out one of our free assessment forms or contact an office near you.