UK Immigration Update – Statement of changes

December 14, 2017 All, UK
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UK Immigration Update – Statement of changes

Following the Statement of Changes published by the Home Office on 7 December 2017, we have prepared a summary of the visitor and work related visa changes as outlined below….

Following the Statement of Changes published by the Home Office on 7 December 2017, we have prepared a summary of the visitor and work related visa changes as outlined below. The majority of changes will take effect on 28 December 2017 and 11 January 2018.

 

Changes relating to Tier 2 of the Points-Based System

Tier 2 (General)

  • Students will be able to switch to Tier 2 as soon as they have completed their courses without having to wait for qualification results.
  • Posts to be held by researcher applicants who are recipients of supernumerary research Awards and Fellowships and established research team members sponsored by either a Higher Education Institution or a Research Council will be exempt from Resident Labour Market Test.
  • Nurses can be sponsored under Tier 2 if they are undertaking an approved programme with a view to returning to practice.
  • Restrictions (presently detailed in the Sponsor Guidance) regarding how far a migrant’s start date may be put back is now to be incorporated. This will now only apply to Tier 2 (General) Migrants and only to changes to start date which occur after leave has been granted.

Tier 2 (Intra-Company Transfer (ICT))

  • The definition of the Long Term Staff sub-category is being revised, to mirror the closure of the Short Term Staff sub-category.

 

Changes to Indefinite leave to remain in work categories

  • Partners of Points-Based System Migrants will now be required to have had absences of no more than 180 days per year in order to qualify for settlement (only absences from 11 January 2018 will count towards the 180 days limit).
  • The maximum 180 days absences requirement is now waived for applicants who have assisted with any national or international humanitarian or environmental crisis.
  • Tier 2 Migrants are no longer required to have been continuously employed throughout the qualifying period to be eligible for settlement.
  • Clarification on how the end date of the qualifying period for settlement is ascertained; how the maximum 180 days of absence from the UK per year are counted and how time lawfully spent in the Isle of Man or Channel Islands in equivalent immigration routes can count towards time spent in the UK for the purpose of a settlement application.

 

Changes relating to family members of PBS Dependants

  • PBS dependants as well as dependants of other migrants in other work categories shall need to be in a genuine and subsisting relationship, in line with the language of family based applications.

 

Changes relating to electronic entry clearance

  • Initially to be trialled with a view of implementation at a later date, entry clearance will be in an electronic form. There will be no requirement to present such an entry clearance to an Immigration Officer on arrival in the UK as it will be checked electronically.

 

Changes relating to visitors

  • Visitors who hold a standard or marriage/civil partnership visit visa will be permitted to transit the UK without the need to obtain a separate visa.
  • Visitors will not be permitted to study at an academy or a school maintained by a local authority

 

FSA -UK immigration udpate – statement of changes

If you would like further information on any part of this newsletter, please contact your dedicated Immigration Consultant via email on comms@fergusonsnell.co.uk or call us on +44 (0) 20 3668 2700.