Aston Brooke Solicitors remain open for business as usual and we are available to take new and existing enquiries over the telephone, post or via email.

CORONAVIRUS UPDATES
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.

(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decision of the Secretary of State for the Home Department (SSHD) within three months, and the decision is subsequently withdrawn or quashed, or the SSHD has been forced to reconsider the decision in full or in part by the Court/Upper Tribunal, then all overstaying for the purposes of the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.

LATEST NEWS
Could your DIY Will end up in a wave of dispute? 

“Wills are important legal documents and therefore, small errors may cause disputes. DIY Wills are

read more >
Lasting Powers of Attorney 

“What is an LPA and why is it important to have one? A lasting power

read more >
Wills & Probate department 

“Welcome to our  Wills & Probate team . We are here to offer you a

read more >
What is Probate? 

“In accordance to the deceased’s Will, Executors named in the Will, then handle the estate,

read more >
5 reasons why you should choose Aston Brooke to be your corporate immigration lawyers 

We are highly regarded with the services we offer, and due to our relationships with

read more >
Covid-19 update about Immigration 

Visit Visas The Secretary of State for the Home Department announced on 24 March 2020,

read more >
RECENT NEWS
Could your DIY Will end up in a wave of dispute? 

“Wills are important legal documents and therefore, small errors may cause disputes. DIY Wills are becoming increasingly popular because they are a cheaper alternative to having a Will properly drafted by a  qualified Solicitor . However, a small mistake could mean paying a much higher price.  A solicitor has the knowledge and experience of drawing […]

Lasting Powers of Attorney 

“What is an LPA and why is it important to have one? A lasting power of attorney (known as a LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf. This enables you to have […]

Wills & Probate department 

“Welcome to our  Wills & Probate team . We are here to offer you a professional and friendly service at what can be an emotional time for some. Writing a Will or leaving a legacy to your loved ones is one of the most important jobs we can do, however, a lot of us put […]

What is Probate? 

“In accordance to the deceased’s Will, Executors named in the Will, then handle the estate, including taxes, debts and distributions of inheritance. However, before the Executor named in the Will can claim, transfer, sell or distribute any of the deceased’s assets they may have to  apply for Probate . Probate is when a Will is […]

5 reasons why you should choose Aston Brooke to be your corporate immigration lawyers 

We are highly regarded with the services we offer, and due to our relationships with certain sectors in the economy, e.g. health care. As a result we are considered one of the best immigration law firms in London. Professional and skilled immigration lawyers in the Harrow area and renowned immigration lawyers in London, with specialised […]

TESTIMONIALS
Professional Experts…
I first used Aston Brooke Solicitors over 3 years ago. Ever since then I have given them all my legal work, I find their staff to be very helpful and easy to talk to. I have brought over 7 residential properties and 2 commercial properties - each transaction has been dealt with professionally and I have always been kept informed.

Mr A Bajwa

Great Knowledge and Efficient
I was put in touch with solicitors at Aston Brooke through a mutual friend to handle a personal Health Care case. I can not speak highly enough for the service I received. My family and I are forever grateful for the all the help on our case. Thank You.

Mr M Grice

Easy to talk to
Ray Purewal at Aston Brooke was my point of contact and I found him to be a great source of knowledge for my case. He handled everything swiftly and dealt with the opposition in the best way possible. Many Thanks Ray!

Miss L Walker

A note to our visitors This website has updated its privacy policy in compliance with EU Cookie Legislation. Please read this document to review the updates about which cookies we use and what information we collect on our site. By continuing to use this site, you are agreeing to our updated privacy policy. For more information please click here.