UKVI introduces new Statement of Changes to the Immigration Rules

On 29 October 2015, the UK Government announced few changes to the Immigration Rules affecting the following categories: Asylum, Settlement, Family/private life, Tier 1 (Exceptional Talent), Tier 1 (Entrepreneur), Representative of an Overseas Business as well as the Tier 2 and Tier 5 Schemes.

These new changes, which will be implemented on or after 19 November 2015 are:

Asylum:

  • Asylum claims from EU nationals will no longer be admissible;
  • The Home Office has now clarified the circumstances which might lead to a withdrawal of a migrant’s refugee status.

 

Settlement:

  • Transitional arrangements for the English language requirement will be removed and as a result, Indefinite Leave to Remain and Nationality applications can only be supported by a Secure English Language Test listed under Appendix O;
  • From 6 April 2016, Tier 2 migrants who wish to settle in the UK should have a salary threshold of at least £35,000 (except for migrants whose jobs are listed in the shortage occupation list. The good news is that nurses have now been added to the list).

 

Family/private life:

  • A child’s entry clearance application might be refused if the Secretary of States  were to believe that the sponsor might pose a risk to the child’s safety.

 

Tier 1 (Exceptional Talent):

  • New Tech City UK endorsement criteria have been published to target applicants who might strengthen the digital sector in the UK.

 

Other changes:

1.    The UKVI will provide further guidance in terms of the required documents to be provided by Tier 1 Entrepreneur as evidence of their £200K investment in the form of share capital or a director’s loan;

2.    A Representative of an Overseas Business will no longer be assessed in terms of reading and writing to meet the English language requirement set at level A1 of CEFR.

3.    Tier 2 shortage occupation list has been updated;

4.    New requirements for charity workers;

5.    The annual allocation of possible places under the Tier 5 Youth Mobility Scheme has been increased;

6.    Changes to the list of government authorised exchange schemes.

 

If you are concerned about the matters discussed above and would like to review your immigration options, please email us at [email protected].

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