Changes to UK Immigration Rules
The most recent batch of changes to the UK Immigration Rules have been announced, many of which will come into effect on 19 November 2015.
The changes leave no stone unturned, affecting almost all immigration routes into the UK. Here, we take the time to outline the most important of these changes according to each immigration category.
Settlement
- Those applying for permission to remain in the UK indefinitely are no longer able to prove their English language skills by having obtained a specified English language qualification in English for Speakers of Other Languages (ESOL). Instead, applicants who are not eligible in other ways can now only meet this requirement by taking an English language test at an approved test centre in order to prove their English language skills.
- Anyone wishing to settle in the UK must earn a minimum of £35,000 in order to be eligible to apply. This will apply to most applications made on or after 6 April 2016 but there will be some exceptions to this requirement, such as occupations on the shortage occupation list or certain PhD level jobs.
Tier 1 of the points-based system
- The Tier 1 Exceptional Talent entry route has been revised in order to plug the recruitment gap in the UK tech sector. By amending the endorsement criteria used by Tech City UK, it is hoped that a greater number of applicants most likely to add value to the UK digital technology sector will qualify for consideration under this UK visa route.
- Minor and technical changes have been made to the evidential requirements for Tier 1 (Entrepreneur) applicants. These include changes to the evidence required for continuous trading if an applicant is applying for leave to remain under this category.
- The rule changes now make clear that Tier 1 Investors are not allowed to invest by way of share or loan capital in syndicates.
Family
- A new rule has been included which enables the UK authorities to refuse the entry of a non-EEA child if they have reason to believe that coming to the UK poses a risk to the child.
Tier 2 & 5 of the points-based system
- Nurses and four specific digital technology roles have been added to the Tier 2 shortage occupations list, allowing such visa applications to be prioritised within the Tier 2 monthly visa allocations.
- The changes have amended the period Tier 2 visa holders may be absent from work without pay to a maximum of 4 weeks per year.
- 2016 Youth Mobility Scheme annual allocations for participating countries have been confirmed. These include 45,500 places to Australian nationals and 12,000 places to New Zealand nationals.
- Tier 5 (Temporary Worker – Charity Worker) rules have been clarified to prevent permanent vacancies being filled by temporary charity workers on a recurring basis.
Click here for the official Statement of Changes
For more information on how these changes could affect you, your family or your business, contact Smith Stone Walters. We provide friendly, professional and up to date advice on all aspects of UK immigration.
