Home Office Communications – changes to the Immigration Rules
Here is the letter received by our office today:
Dear colleague,
Today, 29 October, the Home Office has laid before parliament a package of changes to the Immigration Rules. Most of these changes affect applications made on or after 19 November 2015, and are outlined below.
Asylum
• Not allowing EU nationals to make asylum claims, unless exceptional circumstances apply.
• Clarifying the circumstances in which refugee status will be withdrawn.
Settlement
• Ensuring indefinite leave and naturalisation applicants, who normally rely on an English language qualification, take a Secure English Language Test.
• The introduction of the £35k minimum earnings threshold for Tier 2 settlement, which will come into force on 6 April 2016.
Family/Private Life
• Providing that a child’s application for entry clearance will be refused where the Secretary of State considers that the sponsor or the sponsor’s partner poses a risk to the child.
Tier 1 (Exceptional Talent) of the Points Based System
• Amending the endorsement criteria used by Tech City UK, to better reflect the skills and experience of target applicants who are most likely to add value to the UK digital technology sector.
Tiers 2 and 5 of the Points Based System
• Adding nurses and four digital technology jobs to the Tier 2 Shortage Occupation List.
• Changes to clarify the charity worker rules for sponsors and applicants.
• Setting the annual allocation of places available under the Youth Mobility Scheme for 2016.
• Minor amendments to the list of Government Authorised Exchange Schemes.
Additional technical changes are being made to the Immigration Rules. For more information visit www.gov.uk/government/collections/immigration-rules-statement-of-changes
For questions or enquiries, visit www.gov.uk/contact-ukvi. If you are a premium sponsor please contact your licence manager.
Regards
Home Office Communications
No good news for all foreign college students – ban on to switch visas to Tier 2 or Tier 5 categories whilst in the UK and therefore staying in the UK after graduation
United Kingdom October, 2015
No good news for all foreign college students -ban on to switch visas to Tier 2 or Tier 5 categories whilst in the UK and therefore staying in the UK after graduation Immigration has been and continues to be at the forefront of the Government’s agenda.
One major change that the Government will soon be implementing (expected to come into place from November 2015) is a ban on all foreign college students from being able to switch visas to Tier 2 or Tier 5 categories whilst in the UK. The new proposal will require Tier 4 student visa holders to leave and apply from outside the UK. Another recent change saw foreign students currently studying at a publicly funded college or private college being prohibited to work altogether.
As the media continues to report heavily on asylum and refugee cases, one area of immigration that is quietly being targeted in the upcoming years are foreign nationals on Tier 4 student visa that wish to work whilst studying in the UK, and foreign graduates who wish to work in the UK after their graduation.
Tier 4 student visa changes – the beginning of fall of staying in the UK after graduation.
The Governments’ bureaucratic approach in having foreign graduates vacate the UK before applying to work in the UK is likely to impact the nation’s economy and risks the possibility of a potential increase in the current skills gap. Presently, the UK Government’s approved Tier 2 Shortage Occupation List for 2015 contains over 30 professions, including roles such as engineers, physical scientists and medical practitioners. If the skill gap were to increase the UK could see a slowdown in industry specific economic growth as companies struggle to recruit talented graduates.
One industry that is trying to cut down on the progressively growing skills shortage is the Games and Animation Industry. Industry professionals are starting up new courses in the UK in order to give a broader expertise in technical and vocational skills which will provide students with enough industry knowledge to set up freelance gaming and animation businesses particularly around the art of 3D modelling.
In terms of basis economics, if an industry in the UK was to be affected by a skills shortage for a particular role it could force employers to inflate the salary in order to attract new talent. One impact of pay inflation would see young graduates with limited experience having to compete against more experienced candidates who have been attracted to the role because of the high salary band. Such an effect would mean that young graduates with limited experience may find themselves having to look abroad for roles meaning that a generation of workers could be lost. Businesses that are affected by a skills shortage will find it difficult to recruit and staff teams for projects; such a difficulty could geopardise a company’s ability to expand and grow quickly. Additionally, UK-based graduate schemes might be overlooked as graduates find it simpler to travel to their home nation to find full time work, rather than exit the UK and have to re-apply to re-enter.
Countries such as Australia, Germany and Canada are offering graduates a ‘grace period’ after graduation to secure a full time role or work experience. The UK could see prospective students looking to study in more graduate-friendly nations in order to better their chances of securing a full time role and visa after graduation.
In recent months it is becoming more documented how international students who are studying in the UK and wish to carry on living here are taking more drastic and innovative approaches in attracting job offers and attention from employers. One approach that has seen numerous success stories is students standing outside some of London’s busiest tube stations at peak hours with CVs in-hand to distribute to anyone passing by.
With such a talent crop for the UK’s work force being made up of international UK graduates, one would only think that the UK Government would be trying everything possible to hold on to the best and brightest graduates.
Impact in figures
The impact of the Government changes to the Tier 4 student visa route has been evidenced in Home Office statistics with the number of study-related visas (excluding student visitors) granted over the last 12 months (year ending June 2015) seeing a 1% fall, such a figure may not seem much but it is the equivalent of 1,470 visas.
Another key figure from the Home Office statistics calculated that the top 5 nationalities studying in the UK totalled to over half (53%) of all Study Visas granted in the in the year ending June 2015; of this the largest pool of applicants came from China (68,294). As for the number of study visas granted (excluding student visitors) figures state that Chinese and Malaysian nationals are on the increase, while the number for Bangladeshi, Indian and Pakistani nationals coming to study on the UK have decreased. Further, statistics based on study-related grants of extensions show that such applications had fallen by over a quarter (-27% or -26,183) in the year ending June 2015.
Visa extension applications from different levels of the UK education system have also seen a decrease, with the Home Office reporting that there has been a 24,225 (-28%) drop in applications by main applicants applying to extend. Such applications were seen to fall by 9% (-5,291) at universities, 18% (-306) at Independent Schools and 27% (-225) at English Language Schools.
It remains to be seen how all changes to the Tier 4 student visa category will impact the economy both in terms of the education sector in particular and the rest of industry in general.
Indefinite Leave to Remain based on Long Residence
October, 2015
Brandon consultancy Immigration & Employment is specialised office to assist people who
have you been in the UK legally for 10 continuous years to qualify to apply for Indefinite Leave to Remain in the UK under the Long Residence route, providing you meet all the eligibility requirements.
The benefit of holding Indefinite Leave to Remain status in the UK means you are free from immigration time restrictions.
Continuous residence is time you have spent in the UK lawfully without any major breaks / gaps in your residence.
What are the eligibility requirements?
To apply for Indefinite Leave to Remain in the UK under the Long Residence route the following criteria must be met:
You must have permission to stay in the UK, commonly known as Leave to Remain, this can be in the same category or various immigration categories, restrictions apply and are explained later on in this article.
You must have been in the UK legally for 10 continuous years.
You must have kept to the terms of your visa and not breached any immigration laws or have any criminal convictions.
You must have passed the Life in the UK Test.
You must prove you have sufficient English Language Skills if you are not from a majority English speaking country. You can do this by passing an approved English Language test at B1, B2, C1 or C2 level or if you have a degree taught or researched in English which is recognised by UKVI. DavidsonMorris Solicitors can help you determine if your degree is recognised or if you will need to pass an approved English Test.
What are the tests I can complete for English Language?
When does the 10 year qualifying period start from?
The 10 year period starts from either:
When you arrived in the UK on a valid visa; or
When you were given permission to stay in the UK
What is continuous residence?
Are there any gaps that UK Visas and Immigration will take in to consideration?
Yes, there are. You can leave the UK and are allowed the following absences:
180 days per calendar year;
540 day in total over the full 10 year qualifying period.
UK Visa and Immigration will also take into consideration if you leave the UK on a valid visa and re-enter the UK on a new visa which is valid, providing you entered within 180 days.
For example: If you enter the on a Tier 4 (General) Student visa which is valid until 1st April 2015, you leave the UK on 25th March 2015 and re-enter the UK on a Spouse visa on 15th July 2015, this would not be considered as breaking continuous lawful residence in the UK.
When continuous residence is broken?
Continuous residence in the UK is broken if an applicant receives a custodial sentence by a court of law and is sent to:
A prison
Young Offenders Institute
Secure hospital
Continuous residence would also be broken if you spend time in any of the following:
Any time spent in the UK under the European Economic Area (EEA) regulations does not count towards the lawful residence period. This would include the following categories:
The spouse, civil partner or other family member of an European Union (EU)
An EEA national exercising their treaty rights to live in the UK but have not qualified for permanent residence
Former family members who have retained a right of residence
However, if you have had leave to remain granted in a number of categories including the above, a caseworker must apply discretion on whether time spent in the UK under the EEA Regulations counts towards the 10 year lawful period and if you would be granted Indefinite Leave to Remain.
DavidsonMorris Solicitors can advise further advice and if any time you have spent under the EEA Regulations will count towards the qualifying period in the UK.
When can you apply for Indefinite Leave to remain under the Long Residence option?
The earliest you can submit an application to UK Visas and Immigration is 28 days prior to completing the qualifying period.
Applying any earlier will lead to your application being refused and the fee paid to UK Visas and Immigration will not be refunded.
What are the processing times for Indefinite Leave to Remain Long Residence applications?
On 6th April 2015, UK Visas and Immigration introduced the use of the Premium Service at a higher fee for anyone applying for Indefinite Leave to Remain under the Long Residence route. Using this route would mean a decision would be made on the same day and the Biometrics Residence Permit would be sent within 7-10 working days, however this is not guaranteed, applications may take longer if there are any technical issues on the day of the appointment.
Alternatively, applications may still be made by post and would take up to 6 months for a decision to be made. During this time all documents would be with the Home Office and you would not be able to travel overseas.
What are UK Visas and Immigration fees for this application?
If applying by post the fee is £1,500 or £1,900 if applying at a Premium Service Centre.
