The Home Office published a new Statement of Changes in Immigration Rules (HC309) on 07th December 2018. The changes, accompanied by a detailed explanatory note, will mostly come into force on 11 January 2018, except where otherwise indicated.
Changes to Tier 1 (Investor)
- Changes are being made to clarify that for any property used to evidence investment, the property must be the applicant’s main home, and where the property is co-owned, only the investor’s share may count.
Changes to Tier 1 Entrepreneur
- The job creation rules currently require jobs to have existed for at least 12 months during the applicant’s most recent period of leave. A change is being made to enable applicants to apply even if their current leave was granted less than 12 months ago; in such cases, the jobs must have existed for at least 12 months before the date of the current application.
- Applicants will be asked to confirm the paid hours of the employees in jobs they created as well as the hourly rate, to reduce the possibility of calculation errors.
- An amendment is being made to the requirements relating to job creation so that the required evidence relates to the period before the applicant joined the Page 6 of 12 business, rather than the period before jobs were created. This provides a clearer demonstration of the applicant’s impact on the business.
- To prevent recycling of funds between applicants, a change is being made so that applicants cannot rely on funds or investment that have been provided by another Tier 1 (Entrepreneur) Migrant, or that migrant’s business or close family member. Who is considered to be a close family member will depend on the facts in an individual application
- Applicants will not be able to rely on funds or investment that have been provided by another Tier 1 (Entrepreneur) Migrant, or that migrant’s business or close family member. These investments and funds can no longer be relied on to “prevent recycling of funds between applicants”.
- A provision is being removed because it contradicts the rule requiring applicants to be registered with Companies House within 6 months of the date the applicant entered the category. The removed provision requires that such registration has to be effected within 8 months of the same date.
Changes to Tier 2 General
- Flexibility is being introduced to enable students to apply to switch to Tier 2 after their studies as soon as they have completed their courses. Currently, non PhD students cannot apply to switch within the UK until they have received their final results.
- Exemptions from the Resident Labour Market Test are being added for posts to be 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.
- Pay rates for health sector workers are being brought into line with pay scales in England and each of the devolved administrations and consolidated in a new table.
- Provision is being made to allow nurses to be sponsored under Tier 2 if they are undertaking an approved programme with a view to returning to practice.
- A provision that is currently set out in the Sponsor Guidance is being incorporated, which restricts how far a migrant’s start date may be put back before it becomes a prohibited change. The restriction now applies only to Tier 2 (General) Migrants, and only to any changes to start date which occur after leave has been granted.
Changes to Tier 4 Students
- Students seeking to switch to Tier 2 visas after completing their studies will also now be able to do so as soon as they have completed their course; previously being made to wait until they receive their final results.
- The rules on academic progression are being updated to allow students to apply for leave to remain from within the UK to complete a work placement or a study abroad programme, or to complete their course, after having completed a work placement or study abroad programme.
Changes to indefinite leave to remain in work categories
- 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.
Other Changes in Immigration rules
- Immigration Bail – Schedule 10 introduces an entirely new provision of ‘immigration bail’ and repeals existing powers of temporary admission and release. Therefore, once the changes come into force, those who have no prospects of being removed and therefore cannot be detained may still be put on bail.
- Electronic Entry Clearance (EEC) – The Government intends to trial issuing entry clearance in electronic form, with a view to general introduction if successful. In future, applicants in possession of EEC will not be required to present such entry clearance to an Immigration Officer on arrival in the UK for checks, and will only need to present their passport or identity documents.
- Visitor visa changes – A visitor holding a valid visit visa will no longer be required to obtain a separate visa to transit the UK. However, transit visas will still be available for those making ‘transit only’ visits.
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