Statement of Changes in Immigration Rules HC 102

[Amber]

HC1025 has been released (click).

New Rules for visitors, PBS changes and some potentially cunning tricks in Asylum. More analysis perhaps.

[manch221]

Hi
Although I have clicked and downloaded the Statement of Changes of immigration rules but they are too difficult to understand.
Could I please ask you if there are any changes to immigration rules for "Tier 1 General to ILR on completing 5 years"
Many thanks

[askhan]

Hi Mate:

Few key changes which I noticed with my limited knowledge.

2nd part of Memorandum EXPLANATORY MEMORANDUM TO
THE STATEMENT OF CHANGES IN IMMIGRATION RULES
PRESENTED TO PARLIAMENT ON 26 FEBRUARY 2015 (HC 1025)

• • Enable caseworkers to require persons present in the UK with limited leave to
  provide evidence and/or attend an interview in order to demonstrate that they
  continue to meet the requirements of the Immigration Rules; pg1/26

• Apply a “genuine entrepreneur” test to Tier 1 (Entrepreneur) extension and
  indefinite leave to remain applications; same page

• Close the Tier 1 (General) category for extension applications, and restrict the
  ability of Tier 1 (General) Migrants to switch into the Tier 1 (Entrepreneur)
  category; 2/26

• 7.29. A technical change is being made to the Points-Based System rules for
  qualifications taught in English as evidence of meeting English language
  requirements. UK NARIC has confirmed that it is able to assess some Masters and
  PhD qualifications as meeting the requirement, and so provision for these is being
  added. 11/26

• A change is being made to expand the use of the “genuineness” tests in the
  Tier 1 (Entrepreneur) route to applications for extensions and indefinite leave
  to remain, to better protect the route against abuse without disadvantaging
  genuine applicants. This change is similar to the “genuine entrepreneur” test
  introduced for initial applications in January 2013 (HC 943).12/26

• A change is being made to restrict the ability of Tier 1 (General) Migrants to
  switch into Tier 1 (Entrepreneur), unless they have already established a UK
  business before the date these changes take effect (6 April 2015) , or they have
  funding from a government department or endorsed seed funding competition.
  This change is being made due to the closure of Tier 1 (General) extension
  applications (see above), and concerns that similar areas of abuse have been
  identified in the two categories. The change is similar to arrangements put in
  place for Tier 1 (Post-Study Work) applicants in July 2014 (HC 532). It only
  affects switching into the Tier 1 (Entrepreneur) route, which has been
  identified as a target for abuse. Switching arrangements from Tier 1 (General)
  into other categories, for example Tier 2, remain unchanged. Tier 1 (General)
  Migrants can also still apply for indefinite leave to remain without changing
  category, until 2018.

• A new requirement is being added for all initial applicants to submit a
  business plan. Previously this was not a mandatory document, but is often
  requested by caseworkers to help applicants demonstrate a genuine intention
  to set-up a UK business.12/26

• Changes related to leave to enter or stay in the UK, and powers of curtailment
  7.60. We are adding a power to allow caseworkers to require persons holding
  limited leave to enter or remain in the UK to show that they continue to meet the
  requirements of the Rules by providing evidence and / or attending an interview. This
  will enable us to curtail the leave of persons who no longer qualify to remain in the
  UK. Those failing to comply with such a request without a reasonable explanation
  may be liable to have their leave curtailed as a result.

So far looking or skimming the document, I can say that Tier1 General is the least effected category.

So keep calm and carry on .


Thanks
A

[manch221]

Thank you

[dandm]

The impact of 7.6 could be interesting. Are they going to interview everyone currently on Tier 1 to re-validate their circumstances as appropriate under the visa?

[naveediiqbal]

The impact of 7.6 could be interesting. Are they going to interview everyone currently on Tier 1 to re-validate their circumstances as appropriate under the visa?

which para is it can you please paste the whole para here please. Thanks

[askhan]

Thats the full para on 19/26

The impact of 7.6 could be interesting. Are they going to interview everyone currently on Tier 1 to re-validate their circumstances as appropriate under the visa?

which para is it can you please paste the whole para here please. Thanks

[askhan]

The impact of 7.6 could be interesting. Are they going to interview everyone currently on Tier 1 to re-validate their circumstances as appropriate under the visa?

which para is it can you please paste the whole para here please. Thanks

So far, they are more interested to interview those who are self employed and employed both.
If you are making the application in PEO, I dont think they will ask for an interview.

[dandm]

The impact of 7.6 could be interesting. Are they going to interview everyone currently on Tier 1 to re-validate their circumstances as appropriate under the visa?

which para is it can you please paste the whole para here please. Thanks

So far, they are more interested to interview those who are self employed and employed both.
If you are making the application in PEO, I dont think they will ask for an interview.

The key thing though is that the new rule doesn't talk about interviewing people in the context of an extension or application at all. It introduces a rule that allows them to demand evidence and/or an interview from people holding current leave, and the ability to curtail that leave if there is not compliance.

The change is to s 39 of the immigration rules adding a s 39D:

“Power to interview a person with limited leave to enter or remain
39D. For the purpose of assessing whether any of the grounds of curtailment under
paragraphs 245DE(c), 245EE(c), 276BD1, 276BN1, 276BS1, 323 (other than Page 10 of 215
323(vii)), 323A, 323B, or 323C, apply the Secretary of State may request a person
who holds limited leave to enter or remain in the UK to:
(i) provide additional information and evidence to the Home Office at the address
specified in the request within 28 calendar days of the date the request is sent;
and/or
(ii) attend an interview.”

I'm curious to see if they use it in very limited cases or use it more broadly in the hope of getting net migration down. Doesn't bother us at all as my partner is a permanent employee who uses his education in his current job, but it could catch some people out.

[Go12]

The ukba wants to scrutinise us,and allow free movement of EU,what a Joke....

[Iqraahmad]

Hi I am a silent reader on this forum and need some information about flr fp on family route. My husband was granted a visa for on parent of a British child and british partner
Back in November 2014.

But we recieved the letter from ukba saying he needs to aatend the interview for the purpose of assessing wether any of the grounds of curtailment apply and they put some
rules after as mention in above post.
My question is has someone else receive any kind of this letter after been granted visa.

I know they have changed some rules this year April but not sure why they want to interview.has any one attended the interview yet.
Any information will be appreciated.
Many thanks