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

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].

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