New Statement of Changes to the Immigration Rules HC 565 - Taking Effect 6 September 2012

6 September 2012

New Statement of Changes to the Immigration Rules HC 565 - Taking Effect 6 September 2012

 

A 45 page amendment to the Immigration Rules was published today, much of it coming into force with immediate effect. The unseemly haste was caused by the need for the Immigration Rules to comply with the judgement of the Supreme Court in the case of Alvi. The changes incorporate what was formerly "guidance" into the Immigration Rules. They supplement changes which came into effect on 19 Jul 2012. In addition changes have been made to the Family and Private Life Rules which in the words of the accompanying explanatory memorandum "serve to ensure the rules deliver the original policy intention". Most of the new rules take effect immediately " to protect against further legal challenge", but rule changes concerning Tier 1 (Exceptional Talent) and the Tier 4 list of low risk nationalities will come into effect on 1 October 2012.

 

KEY CHANGES

Family Immigration. The amendment seeks to clarify the much criticised Appendix FM, in force since 9 July 12 and supplements Appendix FM-SE issued on 19 July 2012. The amendment incorporates into the Immigration Rules evidential requirements concerning finance, marriage or civil partnership, language and adult dependant relatives and introduces additional transitional provisions, especially concerning Part 8 of the Immigration Rules.

 

Long Residence and Private Life. The amendment seeks to clarify and tighten the drafting of those paragraphs of the Immigration Rules dealing with applications for leave to remain on the basis of private life.

 

Overseas Domestic Workers. Documents required to justify an extension of stay beyond 6 months were previously set out in guidance. They are now incorporated into the Rules.

 

Private Servants in Diplomatic Households. Changes to the Rules specify the form in which evidence must be produced to justify an extension of stay for as domestic servant.

 

Life in the UK Test. Learndirect Limited is confirmed as the current approved test provider.

 

Points Based System

 

Tier 4 (General) Students. The mandatory information to be produced by sponsors of Tier 4 (General) students on a Confirmation of Acceptance is now stipulated in the Rules, rather than in guidance.

 

Maintenance Funds. Assessment of evidential requirements of maintenance funds from more than one account are now incorporated in Rules rather than guidance.

 

Appendix J - Codes of Practice for Tier 2 Sponsors. An error in Appendix J has been corrected, to confirm that jobs with a salary of £70,000 or more are exempt from the requirement to advertise in Jobcentre plus.

 

Appendix I - Pay Requirements for Tier 2 Migrants Seeking Indefinate Leave to Remain from April 2016. Appendix I containing rules for settlement made by Tier 2 general and sportsperson categories from April 2016 has been amended to make it explicit that the applicant is earning £35,000 or the appropriate rate when they apply for settlement.

 

Tier 5 (Temporary Workers). The table of Government authorised Exchange Schemes under Tier 5 (Temporary Workers) has been amended to include a new Korean Teacher Exchange programme and to change the overarching sponsor of the Mandarin Teachers Programme.

 

Tier 1 Exceptional Talent. Various amendments have been introduced to improve the effectiveness of this category in the light of experience of its first year of operation. These include clarification that "exceptional promise" does not apply to the Arts; small amendments to the criteria used by The Royal Society, Royal Academy of Engineering and British Academy as Designated Competent Bodies; amendments to allow applications from current Tier 2 migrants and Tier 5 migrants who are sponsored researchers inside the UK (hitherto eligibility was limited to those outside only); the abolition of the current unique reference number system for applicants and a clarification of the meaning of "economically active".

Tier 4 of Points Based System. Annex H listing countries which require higher levels of compliance has been revised to include Botswana and Malaysia, with effect from 1 Oct 2012.

 

Dependants of Points Based Migrants.

  • Partners of PBS migrants who entered the UK on application after 9 July 2012 are now required to complete a 5 year probation before applying for settlement.

 

  • Partners will be able to extend leave for 3 years at a time under the PBS.

 

  • Partners will be able to amalgamate leave granted as a PBS dependant and that accrued under another category.

 

  • The rules for children of PBS migrants have been changed to allow them to join their parents after the migrant has been granted settlement, but unless the migrant has sole parental responsibility a child should not be granted settlement until both parents are settled.

 

  • A technical change has been introduced to clarify the interaction between Part 8 of the rules and the new Family Migration Rules that took effect on 9 July 2012.

Visitors

·All. All categories of visitors have been amended to reflect restrictions on taking up employment, study and access to public funds.

·Children. Accreditation, inspection, audit and exchange rules for institutions where child visitors can undertake a course of study have been amended.

 

·Business.Rules have been amended to set out permissible activities business visitors can undertake, including corporate training.

 

·Sports. Amendments clarify what activities sports visitors may undertake in the margins of a sporting event.

 

·Entertainers. Amendments incorporate previous guidance on cultural events that entertainers may take part in into the rules.

 

·Students.Rules now list UKBA accredited inspection and audit bodies for institutions offering study courses to student visitors, as well as inspection requirements.

 

Tuberculosis Screening.

Entry applicants from designated countries where pre-entry screening is available will require approved certification to show they have been screened. Where TB is identified, treatment must be undertaken before clearance can be given.

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