Changes in
Immigration Rules
announced

8 December 2017

A statement of changes in Immigration Rules was laid before the House of Commons yesterday and has been published on GOV.UK alongside an explanatory statement.

Since most of the changes will take effect from 11 January 2018, Smith Stone Walters has detailed below a summary of the key changes:

• Tier 2 employment break change: Tier 2 Migrants will no longer be required to have been continuously employed throughout the qualifying period to be eligible for settlement. Previously, the rules stated only breaks of employment less than 60 days could be disregarded. The government deems this provision superfluous as a Tier 2 migrant who is no longer working for their Sponsor is subject to a 60 day curtailment. However, since the Home Office is notoriously slow in issuing curtailment notifications, this may lead to some Tier 2 holders gaining additional time to change employment within the UK whilst still qualifying for indefinite leave to remain.
• Resident Labour market:  New exemptions from the Resident Labour Market Test are being added for posts held by researcher applicants who are recipients of supernumerary research Awards and Fellowships, and for established research team members sponsored by either a Higher Education Institution or a Research Council.
• Overseas Students: Students seeking to apply to switch to Tier 2 after their studies will be able to do so as soon as they have completed their courses. They will no longer be required to receive their final results. The rule changes also allow certain part-time students to secure Tier 4 visas. However, this visa type will not permit the part-time students to hold work rights or bring dependants to the UK.
• Electronic entry clearance: The government intends to trial the issuance of entry clearance in electronic form and has therefore made changes to the rules concerning the format in which an entry clearance is issued. Assuming the trial is successful, entry clearance issued in an electronic form will be rolled out at a later date. In future, applicants in possession of an entry clearance issued in electronic form will therefore not be required to present such an entry clearance to an Immigration Officer on arrival in the UK as the information will be accessible online.
• Visitor amendments: A visitor holding a valid visit visa will no longer be required to obtain a separate visa to transit the UK. Although transit visas will still be available for ‘transit only’ visits, this change in the rules will enable visitors holding a standard or marriage/civil partnership visit visa to transit the UK using the same visa. The rule changes also clarify that visitors will not be permitted to study at an academy or a school maintained by a local authority.
• 180-day absence criteria extended: The requirement to have had absences from the UK of no more than 180 days per year in order to qualify for settlement, which currently applies to main applicants, is being extended to partners of Points-Based System (PBS) migrants. This will apply to those applicants granted leave following an application made after 11 January 2018. Whilst this change therefore does not have a retrospective effect, those PBS dependants who frequently travel overseas will need to be aware of this requirement during their qualifying period for Indefinite Leave to Remain.
• Tier 1 (Exceptional Talent): As recently announced in the Chancellor’s Budget, the number of Tier 1 (Exceptional Talent) visas will double to 2,000. This change is designed to support the government’s ambitions in innovation and research and development.
• Tier 1 (Entrepreneur):  In response to feedback, the government has deemed it necessary to redraft the “Attributes” requirements for this category in order to make them clearer and easier to follow.

Ahead of these rule changes taking effect, Smith Stone Walters will ensure all clients are kept informed of any other key considerations that may have an impact on their migrant population. In the meantime, should you seek any clarification on the information provided in this article, please do not hesitate to contact your Smith Stone Walters Account Manager.

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