Important immigration changes – Spring 2015
Important immigration changes – Spring 2015
A number of immigration-related changes have occurred recently with more coming into effect over the coming months. Changes coming into force on 6 April 2015 include:
an NHS surcharge for non-EEA migrants applying for a visa or for further leave to remain for six months or more (with limited exceptions)
an increase to the minimum salary requirements for roles qualifying for Tier 2 Sponsorship
UPDATES to the appropriate rates for individual occupations as set out in the codes of practice
the Tier 2 ‘cooling off’ period will no longer apply to migrants who have been granted less than 3 months Tier 2 leave in the UK.
In addition, the issuing of Biometric Residence Permits to overseas nationals has begun.
Changes with effect from 6 April 2015
Immigration Health Surcharge
The Home Office’s immigration health surcharge will apply to both in-country and out-of-country applications where payment is made on or after 6 April 2015. Under the new provisions, non-EEA nationals and their dependants applying for leave to enter or further leave to remain in the UK for over six months will be required to pay a £200 fee per year in order to cover the NHS costs of treating migrant workers. Students will be required to pay £150 per year and the total surcharge amount for the whole period of leave granted will be payable upfront. The surcharge will not apply to Tier 2 Intra Company Transfer migrants or nationals of AUSTRALIA and New Zealand.
Changes to Tier 2
The Tier 2 ‘cooling off’ period will no longer apply to migrants granted less than 3 months’ leave in the UK under Tier 2. This change will afford greater flexibility to businesses wishing to fill short term positions, or who need to transfer key staff to the UK for very short periods.
The minimum salary thresholds for roles qualifying for Tier 2 Sponsorship system will increase as follows:
Click here to view the table
The fees for Tier 2 Certificates of Sponsorship (CoS), leave to enter and leave to remain applications will also increase.
UPDATES are being made to the appropriate rates for occupations as set out in the codes of practice.
The annual limit for Tier 2 (General) migrants will be kept at 20,700 per year. The monthly allocation cap will be adjusted throughout the year to allow for higher CoS allocations in the busier periods.
Changes with effect from 24 April 2015
Business Visitors
From 24 April 2015 visitor visa categories will be simplified to 4 categories: visitor (standard), visitor for marriage or civil partnerships, visitor for permitted paid engagements and transit visitors.
The current business visitor visa will be classed under the new visitor (standard) category and migrants will be be permitted to carry out ACTIVITIES detailed Appendix 3 of the Immigration Rules. New permitted activities include allowing overseas trainers to deliver training to UK-based employees of a multinational company. Financial support can also be provided by UK businesses under the new rules.
Other Changes
Biometrics Residence Permits for Out of Country Applicants
From 18 March 2015, the Home OFFICE began the roll-out of Biometric Residence Permits (BRPs) to non-EEA nationals applying for leave to enter the UK for more than six months. Under the current rules, a visa is granted in the form of a vignette in the applicant’s passport. Under the new rules, the migrant will receive a temporary visa vignette, which will be valid for 30 days starting from the intended date of travel on the application form and a letter of approval containing the details of the Post Office where the BRP can be collected on arrival in the UK. The BRP must be collected within 10 days of arriving in the UK, failing which the migrant may be subject to financial penalty or cancellation of leave.
The roll-out began on 18 March 2015 with applications made from Pakistan. There will then be three further phased implementations from mid-April (inc. China and India), the end of May (inc. AUSTRALIA and and USA) and the end of July for the rest of the world.
Employers are permitted to carry out a right to work check on the 30-day vignette if the migrant is unable to collect their BRP prior to commencing work. Employers must, however, request to see the original BRP before the migrant’s 30 day vignette expires.
Shortage Occupation List
The Home Office has announced that it is to implement recommendations made by the Migration Advisory Committee (MAC) in its report in February 2015, including adding additional graduate level roles within the DIGITAL technology sector.
Super Priority Service in New York
The British Consulate in New York has launched a “super priority” visa service which allows Tier 2 applicants, applying in PERSON in New York, to receive a decision on their application within 24 hours of submitting their documents. The fee for this service is $936 and the service should be purchased before attending the biometrics appointment. Visitors, Tier 5 and Tier 4 applicants applying in person are also eligible to apply for this premium service.
English Language Testing
As of 6 April 2015 the list of approved English language tests for UK visa applications will be amended so as to remove many of test providers currently featured. The majority of IELTS tests will still be accepted and applicants will no longer be required to provide the certificate with their application providing they have the unique reference number in certain circumstances.
Rights of Appeal
As of 2 March 2015 there are no longer any appeal rights for Points Based System migrants and their dependants who have made applications for leave to remain in the UK. If an applicant is refused leave to remain, he will be required to follow the new administrative REVIEW procedure which will result in the decision being upheld, amended or withdrawn.
Unrestricted Certificates of Sponsorship
Finally, by way of reminder, sponsors who have been selected for the automatic renewal of their unrestricted Tier 2 CoS allocation will receive the same number of CoS as they did for 6 April 2014 to 5 April 2015. Further CoS can be requested after 6 April 2015, if required. Sponsors who have not been selected for automatic renewal should apply for their new CoS allocation as soon as possible and no later than 5 April in order to avoid delays to FUTUREapplications.
The UK government is introducing an immigration health surcharge on 6 April 2015.
IMMIGRATION HEALTH SURCHARGE – FACTSHEET
The health surcharge will be paid by non-European Economic Area (EEA) nationals who apply to come to the UK to work, study or join family for a period of more than 6 months. It will also be paid by non-EEA nationals who are already in the UK and apply to extend their stay after 6 April 2015. There are some exempt groups who fall within the above categories but do not need to pay the surcharge.
2. The surcharge is:
£150 per year for students.
£200 per year for all other temporary visa and immigration applications made overseas
and in the UK. Dependents will generally pay the same amount as the main applicant.
3. Those who have paid the surcharge or are exempt will be able to access the National Health Service (NHS) in the same way as a permanent UK resident. Payment may be required for some services such as dental treatment and eye tests.
4. When you make your immigration application you will be asked some questions to see if you need to pay the health surcharge or if you’re exempt. You must pay the health surcharge before you finish your immigration application. If the surcharge is required, but not paid, the application will be refused or treated as invalid and rejected. If an immigration application is unsuccessful the surcharge will be refunded.
5. T2 inter-company transfers, Australian and New Zealand nationals must still complete the process through the surcharge web site. They will be informed the payment is nil but receive a unique surcharge reference number. This number is needed for their immigration application to confirm their exemption from the surcharge.
6. The surcharge payable will cover the entire period of permission to stay in the UK. For example, a person coming to the UK as a sponsored skilled migrant (Tier 2) will be required to pay the charge in full and upfront for the three year period.
7. Anyone coming to the UK on a visitor visa, for example as a tourist, or as an EEA national, does not need to pay the surcharge. However they will remain directly chargeable for hospital treatment.
8. Customer guidance will be available on www.gov.uk/visas-immigration from 6 April.
Related changes for those who are not required to pay the surcharge
Those who are directly chargeable for their NHS care (for example visitors) and fail to pay and incur debts of £1000 or more, will normally be refused permission to re-enter or remain in the UK until that debt is paid.
The UK Department of Health is also strengthening the existing arrangements for identifying and invoicing chargeable overseas visitors. Regulation changes will mean that from April 2015, non EEA visitors who use the NHS will be charged 150% of the cost of any medical treatment they receive. It is therefore recommended that this group possesses adequate travel and health insurance.
v1.2 (19 March 2015)
Changes to the Immigration rules 2015
Dear colleague,
A package of measures designed to tighten up abuse of the immigration system and protect those migrants here legitimately was published last week as part of the Immigration Rules. The majority will come into effect on 6 April 2015.
Power to recall those in the UK with limited leave for interview
Caseworkers will be given new powers to require persons in the UK with limited leave to remain to provide evidence and/or attend an interview to show that they continue to satisfy the Immigration Rules. Failure to provide evidence or attend an interview could result in curtailment. This is a change to the current system, as applicants cannot be compelled to attend an interview. Please see paragraph 7.60 of the Explanatory Memorandum (EM) which accompanies these Immigration Rules changes – https://www.gov.uk/government/collections/immigration-rules-statement-of-changes.
Changes to administrative review
On 20 October 2014 the ability to apply for administrative review was introduced for in country Tier 4 applicants, enabling them to challenge the decision on their application for leave to remain. From 2 March 2015 administrative review will be available for decisions on all Points Based System tiers where the application was made on or after that date. In addition to correcting casework errors in leave to remain applications, administrative review will be available from 6 April 2015 for certain decisions to cancel leave at the border and refusals of entry clearance overseas. For more information please see paragraphs 7.62 – 7.67 of the EM.
Changes relating to valid applications
From 6 April 2015 applicants within the UK will be required to provide an original, valid passport, travel document or (unless the applicant is a Points Based System Migrant) national identity card in order to make a valid application for leave to remain or indefinite leave to remain. An applicant will be exempt from this Rule if, for example, they are stateless or a refugee, or if they have a good reason beyond their control for not providing the document. See paragraph 7.68 of the EM.
Changes relating to grounds of refusal
A new power is being introduced to enable the government to require an entry clearance applicant to provide a criminal record certificate from any country they have resided in for twelve months or more in the last ten years. This requirement will be rolled out on a phased basis. There will be a number of exceptions for those aged under eighteen years old or where it is not “reasonably practicable” because the country does not produce certificates. Guidance will be published in due course on which applications this will apply to and on how to obtain a certificate. See paragraph 7.26 of the EM.
For full details of all the changes please see the Statement of Changes to the Immigration rules (HC1025) and the Explanatory Memorandum at https://www.gov.uk/government/collections/immigration-rules-statement-of-changes
Home Office communication
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