Changes to Immigration Rules (All Tiers and Categories)
From 6th April, the Home Office has introduced significant changes, which affect all Tiers under the Points-Based System and other applications for leave to enter/remain for more than 6 months.
English Language Requirements
English Language Requirements
The list of approved English language tests in Appendix O have been updated following the awards of new concessions to test providers. Changes have also been made to ensure that English Language tests taken for immigration purposes are taken at approved test centres. Appendix O can be downloaded here.
NHS Health Surcharge
NHS Health Surcharge
From 6th April, migrants from outside the EU, coming to the UK for longer than 6 months will be required to pay a "health surcharge"; giving them access to NHS healthcare during their stay in the UK. Applicants, already in the UK, making applications for further leave to remain, will also have to pay this fee.
TB Screening
The Immigration Rules in relation to TB screening have been amended to incorporate compulsory screening for active pulmonary tuberculosis for migrants listed in Appendix T of the Rules coming to the UK for 6 months or more. The updated Appendix T can be viewed here.
Biometric Residence Permits
Biometric Residence Permits are being rolled out for applicants for entry clearance of more than 6 months between March and July 2015. New rules are also being introduced for how fingerprints, facial images and biometric information are managed by UKVI. Further information can be viewed here.
Curtailment of Leave
From 6th April, anyone who has limited leave to remain may be asked by the Home Office to provide evidence and/or attend an interview, in order to demonstrate that they continue to meet the requirements of the Immigration Rules. Failure to comply with this or provide sufficient evidence may lead to curtailment of leave.
You can view the full Statement of Changes here.
Other changes introduced for specific categories can be viewed below.
TB Screening
The Immigration Rules in relation to TB screening have been amended to incorporate compulsory screening for active pulmonary tuberculosis for migrants listed in Appendix T of the Rules coming to the UK for 6 months or more. The updated Appendix T can be viewed here.
Biometric Residence Permits
Biometric Residence Permits are being rolled out for applicants for entry clearance of more than 6 months between March and July 2015. New rules are also being introduced for how fingerprints, facial images and biometric information are managed by UKVI. Further information can be viewed here.
Curtailment of Leave
From 6th April, anyone who has limited leave to remain may be asked by the Home Office to provide evidence and/or attend an interview, in order to demonstrate that they continue to meet the requirements of the Immigration Rules. Failure to comply with this or provide sufficient evidence may lead to curtailment of leave.
You can view the full Statement of Changes here.
Other changes introduced for specific categories can be viewed below.
Education
Changes to Immigration Rules (Studying in the UK)
From 6th April, the Home Office has introduced significant changes, which affect all Tiers under the Points-Based System and other applications for leave to enter/remain for more than 6 months.
The key changes for studying in the UK are as follows:
- The number of immigration categories requiring Academic Technology Approval Scheme (ATAS) clearance, for studying a course or for a period of research, has increased.
- Applications for the Doctorate Extension Scheme (DES) made on or after 6 April will not require fresh clearance if they already have an ATAS certificate.
- The student visitor and extended student visitor routes have been rebranded as 'short term' study routes.
- The "parent of a child at school" route has been rebranded as "parent of a Tier 4 (Child) student".
The latest guidance to educators on how to apply for a Tier 4 sponsor licence and how to sponsor a student under Tier 4 of the points-based system can be viewed here.
Appendix C, which explains the maintenance requirements for Tier 4 of the points-based system, has also been updated and can be viewed here.
Education
Changes to Immigration Rules (Studying in the UK)
From 6th April, the Home Office has introduced significant changes, which affect all Tiers under the Points-Based System and other applications for leave to enter/remain for more than 6 months.
The key changes for studying in the UK are as follows:
- The number of immigration categories requiring Academic Technology Approval Scheme (ATAS) clearance, for studying a course or for a period of research, has increased.
- Applications for the Doctorate Extension Scheme (DES) made on or after 6 April will not require fresh clearance if they already have an ATAS certificate.
- The student visitor and extended student visitor routes have been rebranded as 'short term' study routes.
- The "parent of a child at school" route has been rebranded as "parent of a Tier 4 (Child) student".
The latest guidance to educators on how to apply for a Tier 4 sponsor licence and how to sponsor a student under Tier 4 of the points-based system can be viewed here.
Appendix C, which explains the maintenance requirements for Tier 4 of the points-based system, has also been updated and can be viewed here.
Working in the UK
Changes to Immigration Rules (Working in the UK)
From 6th April, the Home Office has introduced significant changes, which affect all Tiers under the Points-Based System and other applications for leave to enter/remain for more than 6 months.
The key changes for working in the UK are as follows:
Tier 1 -
- Closure of the Tier 1 (General) category for extension applications and restrictions added on Tier 1 (General) migrants switching into the Tier 1 (Entrepreneur) category.
- Introduction of a requirement for prospective Tier 1 (Investor) Migrants to open a UK-regulated investment account before making an initial application.
- The minimum age of Tier 1 (Investor) applicants is also being increased from 16 to 18.
- Tier 1 (Investor) applicants will no longer need to invest additional capital if they sell part of their investments at a loss, but they will be required to maintain all their capital within their investment portfolios.
The revised Tier 1 (Investor) guidance can be viewed here.
- Introduction of a "genuine entrepreneur" test for Tier 1 (Entrepreneur) extension and indefinite leave to remain applications.
- Initial Tier 1 (Entrepreneur) applicants will also now be required to submit a business plan.
The revised Tier 1 (Entrepreneur) policy guidance can be viewed here.
Tier 2 -
- Following a partial review by the Migration Advisory Committee, the Shortage Occupation List in Tier 2 of the Points-Based System has been amended. The Shortage Occupation List can be downloaded here and Appendix K of the Immigration Rules can be viewed here.
- Introduction of scheduled annual updates to minimum salary thresholds and appropriate salary rates for occupations for Tier 2. Appendix J of the Immigration Rules has subsequently been updated and can be viewed here.
- The number of places available at the start of the Tier 2 (General) limit year is being increased from 1,725 to 2,550. However, the overall size of the limit (20,700 places per year) remains unchanged.
- The 12 month "cooling off period", which prevents applicants from being granted Tier 2 leave if they had previous Tier 2 leave within the previous 12 months, will no longer apply to previous grants of Tier 2 of 3 months or less.
Tier 5 -
- An amendment has been made to the description of the "BOND Business Internships" scheme administered by the British Council to clarify that this work experience scheme is specifically aimed at building mutual links and connectivity between the UK and overseas partners in areas of industrial and technological innovation and cooperation.
- Caseworkers must now be satisfied that contracts for overseas diplomatic workers meet employment laws and that workers will be paid in accordance with the National Minimum Wage Regulations, in leave to enter and remain applications.
- A change has been made to prevent employers from using an exemption in the National Minimum Wage Regulations that was designed for au pairs.
Tiers 1, 2 and 5 -
- Revisions have also been made by UKVI to the Immigration Rules (Appendix C), which explains the maintenance requirements for Tiers 1, 2 & 5. The updated Appendix C can be viewed here.
- In relation to settlement applications from Tier 1 and Tier 2 migrants, a change is being made to discount any absences from the UK from counting towards the 180 day limit, where the absences were due to the applicant assisting with the Ebola crisis. The updated modernised guidance can be viewed here.
Working in the UK
Changes to Immigration Rules (Working in the UK)
From 6th April, the Home Office has introduced significant changes, which affect all Tiers under the Points-Based System and other applications for leave to enter/remain for more than 6 months.
The key changes for working in the UK are as follows:
Tier 1 -
- Closure of the Tier 1 (General) category for extension applications and restrictions added on Tier 1 (General) migrants switching into the Tier 1 (Entrepreneur) category.
- Introduction of a requirement for prospective Tier 1 (Investor) Migrants to open a UK-regulated investment account before making an initial application.
- The minimum age of Tier 1 (Investor) applicants is also being increased from 16 to 18.
- Tier 1 (Investor) applicants will no longer need to invest additional capital if they sell part of their investments at a loss, but they will be required to maintain all their capital within their investment portfolios.
The revised Tier 1 (Investor) guidance can be viewed here.
- Introduction of a "genuine entrepreneur" test for Tier 1 (Entrepreneur) extension and indefinite leave to remain applications.
- Initial Tier 1 (Entrepreneur) applicants will also now be required to submit a business plan.
The revised Tier 1 (Entrepreneur) policy guidance can be viewed here.
Tier 2 -
- Following a partial review by the Migration Advisory Committee, the Shortage Occupation List in Tier 2 of the Points-Based System has been amended. The Shortage Occupation List can be downloaded here and Appendix K of the Immigration Rules can be viewed here.
- Introduction of scheduled annual updates to minimum salary thresholds and appropriate salary rates for occupations for Tier 2. Appendix J of the Immigration Rules has subsequently been updated and can be viewed here.
- The number of places available at the start of the Tier 2 (General) limit year is being increased from 1,725 to 2,550. However, the overall size of the limit (20,700 places per year) remains unchanged.
- The 12 month "cooling off period", which prevents applicants from being granted Tier 2 leave if they had previous Tier 2 leave within the previous 12 months, will no longer apply to previous grants of Tier 2 of 3 months or less.
Tier 5 -
- An amendment has been made to the description of the "BOND Business Internships" scheme administered by the British Council to clarify that this work experience scheme is specifically aimed at building mutual links and connectivity between the UK and overseas partners in areas of industrial and technological innovation and cooperation.
- Caseworkers must now be satisfied that contracts for overseas diplomatic workers meet employment laws and that workers will be paid in accordance with the National Minimum Wage Regulations, in leave to enter and remain applications.
- A change has been made to prevent employers from using an exemption in the National Minimum Wage Regulations that was designed for au pairs.
Tiers 1, 2 and 5 -
- Revisions have also been made by UKVI to the Immigration Rules (Appendix C), which explains the maintenance requirements for Tiers 1, 2 & 5. The updated Appendix C can be viewed here.
- In relation to settlement applications from Tier 1 and Tier 2 migrants, a change is being made to discount any absences from the UK from counting towards the 180 day limit, where the absences were due to the applicant assisting with the Ebola crisis. The updated modernised guidance can be viewed here.
Croatian nationals working in the UK
Revised guidance has been published by UKVI for Croatian nationals on obtaining permission to work in the UK. The updated guidance, to be used from 6 April 2015, can be downloaded here.
Changes to Immigration Rules (Other)
From 6th April, the Home Office has introduced significant changes, which affect all Tiers under the Points-Based System and other applications for leave to enter/remain for more than 6 months.
Other key changes are as follows:
Visitors -
- The 15 visitor routes have been streamlined down to 4: visitor (standard); visitor for marriage or civil partnership; visitor for permitted paid engagements and transit visitor. A single set of Rules for visitors has subsequently been published and can be viewed here.
- Enable UAE, Bahraini, Kuwaiti, Qatari and Omani diplomatic and special passport holders and Turkish diplomatic passport holders to travel visa free to the UK for the purpose of "visit in transit".
The 'Immigration Rules for Visitors' Appendix V, has subsequently been updated and can be viewed here.
Family and private life -
- Clarification of the approach to allow extant leave (up to 28 days) to be added to the period of leave in applications on the basis of family and private life.
- Under the 10-year partner, parent and private life routes, those applicants in the UK who were previously granted temporary admission or temporary release will now be granted 'leave to enter' rather than 'leave to remain', if they meet the relevant requirements.
Criminal Records -
- Amendments made enabling applications for entry to be refused if, where requested, a person fails to provide an overseas criminal record certificate.
Knowledge of Language and Life -
- Appendix KoLL (Knowledge of Language and Life in the UK) has also been updated and can be viewed here.
Changes to Immigration Rules (Other)
From 6th April, the Home Office has introduced significant changes, which affect all Tiers under the Points-Based System and other applications for leave to enter/remain for more than 6 months.
Other key changes are as follows:
- The 15 visitor routes have been streamlined down to 4: visitor (standard); visitor for marriage or civil partnership; visitor for permitted paid engagements and transit visitor. A single set of Rules for visitors has subsequently been published and can be viewed here.
- Enable UAE, Bahraini, Kuwaiti, Qatari and Omani diplomatic and special passport holders and Turkish diplomatic passport holders to travel visa free to the UK for the purpose of "visit in transit".
The 'Immigration Rules for Visitors' Appendix V, has subsequently been updated and can be viewed here.
Family and private life -
- Clarification of the approach to allow extant leave (up to 28 days) to be added to the period of leave in applications on the basis of family and private life.
- Under the 10-year partner, parent and private life routes, those applicants in the UK who were previously granted temporary admission or temporary release will now be granted 'leave to enter' rather than 'leave to remain', if they meet the relevant requirements.
Criminal Records -
- Amendments made enabling applications for entry to be refused if, where requested, a person fails to provide an overseas criminal record certificate.
Knowledge of Language and Life -
- Appendix KoLL (Knowledge of Language and Life in the UK) has also been updated and can be viewed here.
Guidance for Tiers 1, 2, 4 and 5 dependants
UKVI have published revised policy guidance for dependant family members of people who have, or are applying for, Tier 1, 2, 4 or 5 visas.
Further information and guidance can be viewed here.
Guidance for Tiers 1, 2, 4 and 5 dependants
UKVI have published revised policy guidance for dependant family members of people who have, or are applying for, Tier 1, 2, 4 or 5 visas.
Further information and guidance can be viewed here.