Some detail on the Statement of Changes to the Immigration Rules HC 1078.

23rd March 2017

The Statement of Changes to the Immigration Rules HC 1078 comes into force on 6th April 2017.

Some of the key changes include:

(1)           If a Tier 2 application is made for example under the SOC codes 1181, 1184, 2219, 2231 etc. a Criminal Record Certificate for the past 10 years is mandatory for both the Main Applicant AND their Partner.

(2)          When switching to or extending to Tier 2 from another immigration category, the categories this is possible from have been reduced. However, it remains possible from Tier 1, Tier 2 and Tier 4.

(3)          Anyone granted Tier 2 leave to remain for the first time on or after 6th April 2017 when applying for Indefinite Leave to Remain in five years’ time (i.e. on or after 6th April 2022), they must be paid an annual gross salary of at least £37,900.00.

(4)          The period of Overstaying which carries a mandatory refusal for all applications is to be reduced from 90 days to 30 days.

Therefore if an applicant has overstayed in the United Kingdom for 90 days or less and it began on or before 5th April 2017, and they left the UK voluntarily and fully at their own expense, then this cannot attract a mandatory refusal.

Similarly, if the applicant has overstayed in the United Kingdom for 30 days or less, and it began on or after 6th April 2017, and they left the UK voluntarily and fully at their own expense, then this also cannot attract a mandatory refusal.

However, in calculating the above periods a new Paragraph 320(7BB) is to be inserted which may technically increase the number of days of overstaying allowed before which a mandatory refusal is attracted.

Also, for the first time, if an application for Judicial Review has been lodged against a decision of the Secretary of State for the Home Department (SSHD) within three months, and the decision is subsequently withdrawn or quashed, or the SSHD has been forced to reconsider the decision in full or in part by the Court/Upper Tribunal, then all overstaying for the purposes of the above calculation is to be disregarded.

(5)          For purposes of Tier 1 (Entrepreneur) applications the term “business” is to be replaced by the terms “company” and “limited liability partnership” therefore a “Director” of a new or an existing company OR a “Member” of a new or an existing LLP can apply under this category.

(6)          There will be changes to salary rates for all jobs which will be amended into Appendix J of the Immigration Rules. The SOC Codes of Practice may be amended subsequently, however in law the Immigration Rules still take precedence.

(7)          The Immigrations Skills Charge for Tier 2 Sponsors of £1,000.00/£364.00 per year will also come into force on 6th April 2017 with some exemptions. For example, if extension of Tier 2 and was previously sponsored by the same sponsor or different sponsor on or before 5th April 2017.

If you find the above complicated, or require any further information or assistance, you should note that Aston Brooke Solicitors are specialists in Immigration Law and help a wide-variety of clients across a range of immigration issues. So, if you wish to discuss the above, or any immigration-related issue, you are encouraged to contact us for a free, no-obligation, initial consultation.

Contributor Details

This document was written by Aston Brooke Solicitors’ Immigration Department. For specific legal advice on your case please contact us on +44 (0)203 475 4321 and a member of our team will be able to assist you.

Disclaimer: this article is for general information purposes only. It does not present a detailed statement of the Law and does not constitute legal advice. This is a summary only, and legal advice should always be sought on an individual, case-by-case basis.