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19 Mar The statement of changes in Immigration Rules presented to parliament on 16 March 2017

Posted on March 19, 2017 in Other Visas by
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1.  Changes relating to applications and validity

-The applicant must make and attend the appointment within 45 business days of submission of the on-line application, rather than 45 calendar days.

-An applicant could only proceed with one outstanding application for leave to remain at a time

2.  Changes relating to general grounds for refusal and suitability requirements

-Those applicants who are subject to the restricted leave policy must be refused for leave to remain.

3.  Changes relating to overseas criminal record certificate

-In addition to entry clearance applications for Tier 1 (Entrepreneur) and Tier 1 (Investor), migrants who are applying Tier 2 (General) visa for working in education, health and social care sectors, as well as their adult dependants, should provide an overseas criminal record certificate.

4.  Changes relating to Tier 1 of the Points-Based System

-Tier 1 (Entrepreneur): Clarifying the specified evidence on LLP investment and job creation

-Tier 1 (Graduate Entrepreneur): After the initial round of allocations, the Secretary of State may allocate additional places throughout the remainder of the year, rather than at a fixed point in the autumn

5.  Changes relating to Tier 2 of the Points-Based System

– Tier 2 (General): The salary threshold for the majority of experienced workers will increase to £30,000 while the salary threshold for new entrants remains at £20,800; Few changes are being made to the Shortage Occupation List; Tier 4 Students must have satisfied certain study requirements if they wish to switch into Tier 2 (General) in country

-Tier 2 (ICT)：The Short Term Staff sub-category is being closed; Applicants would not be requested to work at least one year for the sponsor’s linked entity overseas if the sponsor paid £73,900 or above; The salary threshold for senior transferees is being reduced to £120,000.

-After 6 April 2017, employers have to pay the Immigration Skills Charge for Tier 2 (General) and Tier 2 (ICT) worker. The charge will be £1000 per year (for medium or large sponsors) and £364 per year (for small or charitable sponsors).

6.  Changes relating to family members of relevant Points-Based System migrants

-The definition of ‘continuous’ is deleted for family members of relevant Points-Based System migrants applying for settlement

7.  Changes relating to overstayers

-Unless specific exceptions apply, anyone who has overstayed for more than 30 days (used to be 90 days) is subject to a 12 months re-entry ban.

8.  Changes relating to visitor rules

-Visitor visa application could be made at any post in the world which is designated by the Home Secretary.

For any further information, please feel free to contact us at [email protected].

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.