Introduction Since 29th November 2010, the UK Government has progressively introduced an English Language requirement within the Immigration Rules, to be met by non-European Economic Area (non-EEA) national partners and parents of persons who are British nationals, settled in the United Kingdom, granted refugee status, granted humanitarian protection, or members of Her Majesty’s Forces under […]read more >
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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 […]read more >
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Aston Brooke Solicitors have assisted clients in family law matters for many years and provide the below guide to the key areas of family law and the issues that arise. Please note that this is not meant to be legal advice that individuals can rely solely upon. Proper legal advice can only be given by a solicitor on […]read more >
It seems that the topic of immigration these days can be used to achieve any political goal and purpose in Britain today. Some have suggested that the ‘Leave’ campaign fed this country misleading figures and statistics about immigration to achieve the result for which there was never any plan or preparation. Since BREXIT we have […]read more >
As of 6 April 2015 the Government has introduced many changes to Applications for leave to remain in the United Kingdom. The following change affects all points based system applications and limited leave to remain applications. When the IHS is payable: When applying from WITHIN the United Kingdom you will need to pay the Immigration […]read more >
Discrimination at Work – Have employees have won the ‘right to wear a cross’? You may have heard of the prominent cases in the news recently on the subject of religious discrimination at work. What rights do employees have at work to express their faith, and what must employers do to ensure that their employees […]read more >
Disciplinary Issues in Employment – How to deal with poor performance or misconduct? It is common for disciplinary issues to arise within employment, and the first point for an employer is to clearly determine whether it is a misconduct issue, or one of poor performance. The two types are dealt with differently depending on their nature. […]read more >
Whistleblowing in the Healthcare Industry – How to act pro-actively avoid ‘whistleblowing’ problems with employees. ‘Whistleblowing’ has come to be known as the expression for the reporting of acts of wrongdoing, either to an employer or to a third party. The law is contained within two main statutes – the Employment Rights Act 1996 and the […]read more >
Aston Brooke Leads Legal Challenge To Immigration Changes Aston Brooke Solicitors reported last week that it has initiated a judicial review against the Secretary of State’s decision to implement interim limits on behalf of the English Community Care Association (ECCA) which is the largest representative body for community care in England working on behalf of […]read more >
Employment Rights – How is UK employment law affected by the Human Rights Act and the European Union? There has been much fuss in the media recently about what a scandalous outrage the European Convention of Human Rights and the Human Rights Act 1998 have been for Britain. Much of this debate has been generated […]read more >
Legal Challenge to Immigration ‘Caps’ – Call for Early Day Motion in Parliament Aston Brooke Solicitors reported last week that it has initiated a judicial review against the Secretary of State’s decision to implement interim limits on behalf of the English Community Care Association (ECCA) which is the largest representative body for community care in […]read more >
Immigration Caps & Student Visa and Tier 4 Migrants Aston Brooke Solicitors reported last week that it has initiated a judicial review against the Secretary of State’s decision to implement interim limits on behalf of the English Community Care Association (ECCA) which is the largest representative body for community care in England and working on […]read more >
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Upcoming Changes to the UK Immigration Rules.
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.
(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.
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.