There have been a number of changes to the Immigration Laws implemented this year, coming into effect after 6th April 2017. If you are preparing an immigration visa application that will be submitted after this date, it may be worth your time to call us on 01793 836010 to see if we can assist you in navigating these changes, to ensure your visa application is a success.
Changes relating to overseas criminal record certificates
The requirement to provide an overseas criminal record certificate as part of an entry clearance application was introduced for Tier 1 (Entrepreneur) and Tier 1 (Investor) migrants on 1 September 2015. We are making changes to Part 6A and Part 8 of the Immigration Rules to insert this requirement into the relevant eligibility provisions, as well as to extend the requirement to provide a criminal record certificate to Tier 2 (General) migrants who are intending to work in education, health and social care sectors and to their adult dependants. The extension of this requirement will strengthen safeguards against those with a criminal history seeking to come to the UK. As the requirement will now be set out in Part 6A and Part 8, we are deleting paragraph 320(2A).
Tier 2 (General) Changes
The Tier 2 (General) category is for migrant workers with an offer of a skilled job from a licensed employer which cannot be filled by a resident worker.
The following changes are being made following the review of Tier 2 by the MAC:
The following additional changes to Tier 2 (General) are being made:
Tier 2 (Intra-Company Transfer (ICT))
The Tier 2 (ICT) category supports inward investment and trade by allowing multinational employers to transfer key company personnel from overseas to their UK branch.
As with Tier 2 (General), a number of changes are being made in response to the review of Tier 2 by the MAC, and have been previously announced. The changes include:
Tier 2 (General) and Tier 2 (ICT)
The following changes are being made to both the Tier 2 (General) and the Tier 2 (ICT) categories in response to the review by the MAC:
Annual updates are being made to the appropriate salary rates in the codes of practice in Appendix J, using the latest available salary data for each occupation. Additional job information from the SOC 2010 system is being incorporated to remove the need for sponsors and applicants to refer to further guidance outside the Immigration Rules, along with other minor and technical changes.
Changes relating to overstayers
Paragraphs 320(7B)(i) and Appendix V paragraph 3.9(a) are being amended to reduce the period of overstaying which is permitted before a re-entry ban is imposed on individuals who have remained in the UK after their leave to enter or remain has expired. Unless specific exceptions apply, anyone who has overstayed for more than 90 days is subject to a 12 month re-entry ban. This is being reduced to 30 days. Consequential changes are also being made to Appendix V, paragraph 3.8.
The ban was introduced in 2012 to encourage those who had only recently overstayed and who could no longer apply for further leave in-country to depart and re-apply from overseas. The period of 90 days was originally intended to reduce any incentive to remain in the UK without leave. The reduction in the 90-day period to 30 days is being brought in to increase compliance with the Immigration Rules and reduce overstaying, while still enabling those who have overstayed for short periods and who are essentially compliant to return to the UK relatively quickly.
The Immigration laws change on a regular basis, generally significant changes occur every April and November. To keep up to date or if you have questions about the above changes please call us on 01793 836010 or email us at firstname.lastname@example.org