Restrictions
on Tier 2 dependants
could overtly affect women

26 August 2015

A government proposal to prevent all dependants of Tier 2 visa holders from working whilst in the UK may have a disproportionate effect upon women.

It has been revealed that every year since the introduction of the Points-based System in 2009, more Tier 2 main applicant visas have been issued to men than to women. This statement rings true for statistics across all Tier 2 visa categories for the past six years and support claims that the new proposal would be discriminatory.

Tier 2 dependants (the dependant visa holders of Tier 2 main applicants) currently have the automatic right to work in the UK for the duration of their leave.  The government has recently commissioned the Migration Advisory Committee (MAC) to launch a full review of the current Tier 2 system, however, including whether or not this automatic right to work should be taken away from Tier 2 dependants.

Recent figures show that on average, 68% more men apply for and are issued with Tier 2 visas than women.

This percentage suggests that equally high numbers of female dependants are accompanying their male partner in the UK whilst there are far fewer male dependants accompanying their female partners in the UK. In light of this it is arguable that the decision to place restrictions on a dependant’s right to work could affect a far larger proportion of women than men.

The MAC still is open to receiving opinions and evidence on this proposal from sponsor organisations and other interested parties. The results of its review of the Tier 2 system are expected to be published by mid-December.

If you employ a dependant of a Tier 2 visa holder or have any concerns about the dependants of your Tier 2 migrant employee, please contact Smith Stone Walters as soon as possible for advice on presenting these to the MAC.

Alternatively, written submissions should be sent to the MAC by 25 September 2015 via email to mac@homeoffice.gsi.gov.uk or via post to: Migration Advisory Committee, 3rd Floor, Seacole Building, 2 Marsham Street, London SW1P 4DF.

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