“Date of application” and the new changes to the points based scheme.
Apr 3, 2010
As the new Rules will come into effect on 6 April, the date of application must be at the latest Monday 5 April 2010. Please note that Monday is a bank holiday in the UK. If an applicant is applying within the UK, the date of application is taken to be the date of posting. Thus, we would strongly advise any migrant to send their application either by special recorded delivery or instruct their representatives to do so to avoid delays with first and second class post. If the application is sent by courier, then the date of application is deemed to be submitted when is delivered to the UK Border Agency.
If the migrant is applying from outside the UK, the date of application is taken to be when the fees is paid either online or in person at the Visa Application Centers where the applicant’s biometrics are also taken.
In terms of changes, we wish to summarise the most important ones below. There is a revised table for the points scoring areas under the Tier 1 Scheme whereby bachelors holders will now be able to apply under this scheme reversing the policy introduced in March 2009. The Rule changes will also permit applicants to score points for their age if they are under 40. However, points for previous earnings will only be available for earnings of £25,000 or more – compared with £20,000 currently.
The UK Border Agency has also introduced three new sub-categories under the Intra-Company Transfer which will be renamed “Established Staff”. Further, under this new category the applicants will need to show that they have been employed by the overseas company for at least 12 months. The “Established Staff” category will no longer lead to settlement, unless the applicant were to switch into the Tier 2 category.
The UK Border Agency has also launched the “highly trusted sponsor scheme” for education providers under the Tier 4 Scheme. This will go live on 6 April 2010.
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If you have an enquiry relating to your immigration status or your ability to work in the UK, we can help you. Please contact us or call +44 20 3384 3075.
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