On 7 December 2017, the Home Office laid the Statement of Changes to the Immigration Rules HC309 including Tier 2 Settlement which comes into force from 2018.
A very important amendment has been made for Tier 2 settlement and migrants are no longer required to have been continuously employed throughout the qualifying period to be eligible for settlement. The provision is unnecessary as a Tier 2 migrant who is no longer working for their Sponsor is subject to curtailment.
The requirement to have had absences from the UK of no more than 180 days per year in order to qualify for the settlement, which currently applies to main applicants, is being extended to partners of Points-Based System Migrants. To ensure that this requirement does not have retrospective effect, only absences from the UK during periods of leave granted under the rules in place from 11 January 2018 will count towards the 180 days.
The maximum 180 days absences requirement is waived for absences when applicants have assisted with the Ebola crisis in West Africa. This provision is being widened to include assisting with any national or international humanitarian or environmental crisis.
An amendment is being made so that Tier 2 Migrants are no longer required to have been continuously employed throughout the qualifying period to be eligible for settlement. The provision is unnecessary as a Tier 2 migrant who is no longer working for their Sponsor is subject to curtailment.
Minor changes are being made to provide clarification, to remove duplication and inconsistencies relating to:
- How the end date of the qualifying period for settlement is ascertained.
- How the maximum 180 days of absence from the UK per year are counted for the purpose of a settlement application.
- How time lawfully spent in the Isle of Man or Channel Islands in equivalent immigration routes can be counted towards time spent in the UK for the purpose of a settlement application.
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