UK IMMIGRATION UPDATE – IMMIGRATION CHANGES – OCTOBER 2014 ON 16 OCTOBER 2014 THE HOME OFFICE LAID ITS LATEST STATEMENT OF CHANGES IN RELATION TO ITS ROLLING-OUT OF MEASURES PROVIDED FOR IN THE IMMIGRATION ACT 2014. WE HAVE SELECTED… On 16 October 2014 the Home Office laid its latest Statement of Changes in relation to its rolling-out of measures provided for in the Immigration Act 2014. We have selected below the ‘headline’ changes affecting our clients. Tier 2 (from 6 November 2014) Genuine vacancy The Home Office will enjoy the power to refuse Tier 2 applications if it has a reasonable belief that a genuine vacancy does not exist. As part of this test, decision makers will be looking at the job description in more detail to ensure that it has not been “exaggerated to meet the Tier 2 Skills threshold, or been tailored to exclude resident workers from being recruited or that the applicant is not qualified to do the job”. This is widely interpreted as ushering in a subjective element into the Points Based System, which was designed to remove such subjectivity. Migrants off-site on client contracts The Home Office will be assessing applications where the Tier 2 migrant will be working on a third party site to ensure that they are not undertaking an ongoing routine role or providing an ongoing routine service. This is to clarify the current guidance that states that Tier 2 migrants can be located at a client site where it is part of a client contract to provide project based services. In practice the effect could be that the Home Office may ask to view more client contracts to show that the work is indeed project based. As at what point contractual work becomes routine is not currently defined. Out-of-time extension applications The Home Office will accept Tier 2 (General) extension applications that are out of time but submitted no more than 28 days after the expiry date of the previous visa, and no Resident Labour Market Test shall be required (despite their previous leave having technically ceased). Tier 4 (from 20 October 2014) Tier 4 (General) applicants who have had a leave to remain application refused in the UK will be able to submit an Administrative Review (AR) application where they believe that their application has been decided incorrectly. This is part of the Home Office’s attempt to significantly limit the right of appeal. The AR process will initially only be open to Tier 4 (General) applications, but the Home Office plan to extend it to further categories in the future. The AR process for entry clearance applications will still continue to apply to all points-based system applications submitted outside the UK. The Home Office’s aim to decide an AR application within 28 calendar days from submission which will be a lot faster than the approximate 12 weeks that it currently takes for an appeal to be decided (although watch this space as to whether such estimates prove realistic). Applicants will have 14 calendar days (7 calendar days if in detention) from receipt of their refusal to submit the AR application and pay the relevant fee. The application fee will be refunded if the original decision is withdrawn. Tier 1 (from 6 November 2014) Tier 1 Investors to invest more Following the Migration Advisory Committee report of 28 February 2014, which put forward to the UK Government recommendations to adapt the route to secure greater benefits to the UK economy, the minimum threshold to enter the category and will be applicable to all applications submitted on or after 6 November 2014 is to be raised from £1million to £2million. The new changes will also require investors to invest the full £2 million into the relevant investment and not the 75% that is currently permitted. There will also no longer be a requirement to maintain the investment and “top it up” where its value dips below this threshold; instead the applicant will be required to invest the whole £2 million and will only need to top-up their investment where the balance has dipped as a result of the sale of part of their investment portfolio. It should be noted that from 6 November, investment sums sourced as a loan cannot be relied upon for this route. The above changes will not apply to those investors already under this route prior to this date. Tier 1 Entrepreneurs – evidence of funds Tier 1 (Entrepreneur) applicants making initial applications from within the UK must demonstrate that the necessary funds are held within the UK. Applicants for Indefinite Leave to Remain (ILR) who have not previously provided such evidence will need to furnish the Home Office with evidence they have invested the funds in a business in the UK to enable the Home Office to verify that the funds are genuine. Tier 5 Youth Mobility Scheme – annual allocations (from 1st January 2015) With the new limits being set for 2015, New Zealand will enjoy an increase in its allocation by 16% to 11,000 places. Visit Visas (from 06th November 2014) Business Visit Visa Lawyers coming to the UK as business visitors will now be able to advise clients in the UK provided that they are employed overseas by an international law firm with offices in the UK and continue to be paid overseas. Lawyers will also be able to provide advocacy for court hearings, arbitration and dispute resolution for legal proceedings if invited by a client. Private Medical Treatment Visit Visa In a change to the current requirements, private medical visitors will be able to apply for an initial visa for up to 11 months where they require treatment of that duration and can extend for up to six months at a time if there is an “on-going need.” Domestic Worker visa Overseas domestic workers accompanying their employees to the UK on domestic worker visitor visas issued after 5 April 2012 may be refused entry where an immigration officer believes that they are effectively living in the UK through frequent and successive visits to the UK. English Language Requirement (from 06th November 2014) As a result of the recent scandal with the English language tests relied upon by migrant in satisfaction of the English language requirement applicable for their visa type , the Home Office will have the power to disregard English language test results that have been submitted with an Indefinite Leave to Remain application if they are not satisfied that the Knowledge of Language and Life in the UK requirement has been met after the applicant has attended an interview, and may require them to retake the relevant examinations or tests. Transit without Visa From the 1 December 2014, the Home Office will publish clear requirements to allow visa nationals to transit landside through the UK provided they hold a valid exemption document. Invalid visa applications (from 06th November 2014) Some good news: it is intended that applicants will be afforded an opportunity to remedy errors or omissions in their applications which would otherwise render these invalid. Summary There are numerous other changes coming in to effect this year, including clarifications of existing provisions. Should you have any enquiries regarding the above or any changes you understand may affect you (or your staff, if you are an employer), please do not hesitate to contact us.
Posted on: Sun, 21 Dec 2014 09:56:43 +0000
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