LS Legal News Bulletin
Important Changes to the Immigration Rules Announced
Monday 11th December 2017
A new Statement of Changes in Immigration Rules was published on 8 December 2017. It outlines government's intention to make few important changes across various immigration categories.
The majority of the changes will take effect from 11 January 2018 and LS Legal Solicitors summarised the most important.
Changes relating to Tier 1 (Entrepreneur)
In response to feedback, the government intends to redraft the "Attributes" requirements for this category in order to make them clearer and easier to follow.
Ahead of these changes taking effect, LS Legal Solicitors will ensure all our clients are kept informed of any other key changes and considerations that may have an impact on their matters.
Changes relating to Tier 1 (Exceptional Talent)
It was announced that the number of Tier 1 (Exceptional Talent) visas will double to 2,000. This change is designed to support the government's ambitions in innovation and research and development.
A further change will enable current world leaders in their fields to qualify for indefinite leave to remain in the UK after 3 years of continuous residence.
Changes relating to dependants of Points Based System
The requirement to have had absences from the UK of no more than 180 days per year in order to qualify for settlement, which currently applies to main applicants, is being extended to partners of Points-Based System (PBS) migrants. This will apply to those applicants granted leave following an application made after 11 January 2018. Whilst this change therefore does not have a retrospective effect, those PBS dependants who frequently travel overseas will need to be aware of this requirement during their qualifying period for Indefinite Leave to Remain.
Changes relating to Tier 2
Previously, the rules stated that Tier 2 Migrants will be eligible for settlement only where they had the breaks of employment for less than 60 days. Tier 2 Migrants will no longer be required to have been continuously employed throughout the qualifying period to be eligible for settlement. The government deems this provision redundant as a Tier 2 migrant who is no longer working for their Sponsor is subject to a 60 day curtailment. However, since the Home Office is notoriously slow in issuing curtailment notifications, this may lead to some Tier 2 holders gaining additional time to change employment within the UK whilst still qualifying for indefinite leave to remain.
New exemptions from the Resident Labour Market Test are being introduced for posts held by researcher applicants who are recipients of supernumerary research Awards and Fellowships, and for established research team members sponsored by either a Higher Education Institution or a Research Council.
Changes relating to Tier 4 Student
Changes are being made to enable students seeking to apply to switch to Tier 2 after their studies to be able to do so as soon as they have completed their courses. They will no longer be required to wait until they receive their final results. The rule changes also allow certain part-time students to secure Tier 4 visas. However, these visa holders will not have work rights, will not be able to bring dependants and will not be able to extend in-country.
Changes relating to Visitor visas
Currently, the Immigration Rules do not allow visitors other than transit visitors to transit the UK, which means that, for example a person who requires a visa to visit the UK for business, tourism, to get married or for other visit purposes, must obtain a separate visa in order to transit the UK. A change is introduced to enable a visitor holding a valid visit visa to transit the UK without the need to obtain a separate visa. Although transit visas will still be available for 'transit only' visits, this change in the rules will enable visitors holding a standard or marriage/civil partnership visit visa to transit the UK using the same visa. The rule changes also explain that visitors will not be permitted to study at an academy or a school maintained by a local authority.
Electronic entry clearance
The Government proposes to commence issuing entry clearance in electronic form. This will initially be trialled with specified groups with a view to general introduction of entry clearance in electronic form at a later date. These changes relate to the rules concerning the format in which an entry clearance is to be issued and also the documents that need to be presented to an immigration officer. The amendment to the rules will allow entry clearance to be issued both in an electronic form and by endorsement in a valid passport or identity document. 7.9. Applicants who hold an entry clearance issued in electronic form will not be required to present such an entry clearance to an Immigration Officer on arrival in the UK. The issue of such an entry clearance will be checked electronically.
Ahead of these rule changes taking effect, LS Legal Solicitors will keep our clients informed of any key changes and considerations that may have an impact on their matters. In the meantime, should you have any queries please contact our firm on 020 81 44 55 88, via email on info@LSLegaLUK.com or use the contact box to discuss your matter or make an appointment.
