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Changes to the Immigration Rules

15 September 2009

The UK Border Agency has recently published Statement of Changes in Immigration Rules. The amendments will be effective from the 1st of October 2009, some of the most significant changes will include:

· Introduction of an English language requirement for Representatives of Overseas Businesses, bringing this category in line with the language requirement for those under Tier 2 of the Points Based System.

· Introduction of a requirement for the UK branch of the overseas business to be engaged in the same type of business activity as the overseas business.

· Re- introduction of provisions for representatives of overseas media organisations.

· Tier 1 holders whose previous leave was not restricting employment will be allowed to work as a doctor on the Foundation Programme or as a doctor in speciality training.

· Removal of provision for periods of study leave to be taken into account when calculating the points awarded for previous earnings under the Tier 1 (General) category.

· Migrants who have gained an eligible qualification whilst in the UK in any leave category that did not prohibit study will be able to switch into the Tier 1 (Post-Study Work).

· A Professional Graduate Diploma in Education was added the list of eligible qualifications for the purpose of Tier 1 (Post-Study Work) category.

· A business person switching to a Tier 1 (Entrepreneur) category will be automatically awarded points for English language.

· Representatives of Overseas Businesses will be able to switch into Tier 2, time spent in the UK will count towards the qualifying period for Tier 2 (intra-company transfer).

· Tier 2 holders applying for indefinite leave to remain will no longer be required to provide a further certificate of sponsorship to show that they are still required by their employer.

· Tier 4 holders will be allowed to fill a full-time vacancy during vacations, provided this is not a permanent full-time vacancy.

· Extension of provisions for curtailing a migrant’s leave to Tier 4 holders.

· Certificate of Sponsorship will be valid for multiple entries to the UK within a three month period.

The Statement of Changes will be incorporated into a consolidated version of the Immigration Rules, for further details on how those changes could effect you please contact us on 0203 384 3075.

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Migra & Co is a private immigration company, regulated by the Office of the Immigration Services Commissioner (OISC), reference number F200900038. This website is not a government website and as such, we are not linked or affiliated with the UK Visas and Immigration. We offer expert legal advice and flexible tailored solutions to both private and corporate clients to ensure that their immigration needs are met. If you wish to download or prepare a UK visa application form, you can do so free of charge by visiting the Official UKVI website.