2017 Immigration Rules Changes

[jafersadeq]

Dear members,

https://www.gov.uk/government/uploads/s ... hanges.pdf

What I noted is:

Changes Relating to Overstayers
 
A- The period of overstaying which is allowed before a re-entry ban of 12 months is imposed on individuals who remain in the UK after their leave to enter or remain has expired is reduced to 30 days. This was previously set at 90 days.

Residence requirement for PBS dependants
 
B- The requirement for PBS dependants to meet the residence requirement for Indefinite Leave to Remain and to spend no more than 180 days per year outside the UK has been removed.


C- Documents which demonstrate that each
employee has settled status in the UK

For paragraph 46-SD(h)(iv), substitute:

“(iv) copies of any of the following documents which demonstrate that each employee has settled status in the UK:

(1) A British passport, which shows the biometric data page
containing the photograph and personal details of the employee;

(2) A birth certificate, which demonstrates the employee was born in the UK and Colonies before 1 January 1983;

(3) If the employee was born in the UK on or after 1 January 1983, a birth certificate, together with documentation, such as a passport or naturalisation certificate, which confirms one of their parents had settled status in the UK at the date the employee was born, and additionally, if the parent
is the father of the employee, a marriage certificate to the mother;

Everyone sees a related change in T1-Ent rules can mention it here for discussion,

From Above, I wonder about items, 1 and 3 in paragraph C, I am confused, passport if he is British, then Birth Certificate if he born after 1983 !!!

Thanks

[zimba]

Well it says: copies of any of the following documents ...

[sm12]

The biometric page with the details is just the first page of the passport?

[sm12]

A- The period of overstaying which is allowed before a re-entry ban of 12 months is imposed on individuals who remain in the UK after their leave to enter or remain has expired is reduced to 30 days. This was previously set at 90 days.

So if someone reapplies within 14 days of a refusal, and is refused again, he or she will in all likelihood end up with a ban of 12 months.

[zimba]

The biometric page with the details is just the first page of the passport?

Yes

So if someone reapplies within 14 days of a refusal, and is refused again, he or she will in all likelihood end up with a ban of 12 months.

Unless they leave within 30 days

[MYA]

Hi jafersadeq

I can understand where your confusion comes from
In opening line they say "any of the following " but in point 3 they said born after 1st January 1983 their birth certificate togather with naturalisation or passport, here comes the confusion why they are asking birth certificate and passport two items togather.
In my understanding they are saying that some employees might not have made any passport since they born, and birth certificate itself can't prove the nationality of applicant so to establish their nationality or status they want
to see their parents passport or naturalisation certificate to establish what nationality the applicant could have when he was born according to the date of parents naturalisation certificate, it's the parent whose naturalisation or passport required to establish the status of employee.
For example employee might be the son of a visitor who gave birth to his child in U.K. And left him here, whose British birth certificate can't says his nationality as every child no matter what's his or her immigration status is has to be registered his birth .

[vinny]

For example employee might be the son of a visitor who gave birth to his child in U.K. And left him here, whose British birth certificate can't says his nationality as every child no matter what's his or her immigration status is has to be registered his birth .

Hypothetically, if he was abandoned at birth, then he's British under s. 1(2).

[seasky]

In the scheme of the costs of our visa the simplest thing is to pay your employee to get their passport rather then having them run around looking for marriage certificates from the 80s

I think for passport you just send in the birth certificate and then HO does their job of figuring out if they are citizens or not.

I think this HO changes (continues) to show the very sad state of abuse of t1-e route, there must have been many who hired employees (min wage of course...) and were not really citizens, just born UK, so another level of complexity added now.

Now we can have long discussion on "employee was born here, father has documents of naturalisation, but he only had civil partnership with mother, not marriage does that count?"

[Casa]

Now we can have long discussion on "employee was born here, father has documents of naturalisation, but he only had civil partnership with mother, not marriage does that count?"

To avoid confusion, a civil partnership is one formed between a same gender couple.

[zimba]

I think this HO changes (continues) to show the very sad state of abuse of t1-e route, there must have been many who hired employees (min wage of course...) and were not really citizens, just born UK, so another level of complexity added now.

They just had to clear it up so that people who have to rely on birth certificates need to prove the settled status by sending extra supporting documents, making it easier for them to do the checks.
To avoid all this, double check (before hiring) that a person has a UK or EEA passport if you want to use their jobs for point scoring

[schahzeb]

am i right in thinking these rules will be applicable to those who apply on or after 06/04/17 and wouldn't apply to the ones whose case is with HO.

[zimba]

am i right in thinking these rules will be applicable to those who apply on or after 06/04/17 and wouldn't apply to the ones whose case is with HO.

Yes

[sm12]

Actually, even the guidance released in April 2016 said that if the birth certificate did not make it clear that the person was British, one had to provide additional documents, such as the settlement documents of one of the parents. They have just explained what they meant further now, because post 1983, one could not become British just by being born here, hence the need for additional documents.

[blueangel20063]

this is abit confusing for me, what if someone is on ILR but no british passport yet ?

i had an employee before extension and i had copy of his ILR BRP and he continues to work after extension. can I still use his BRP copy as acceptable document or i need to ask him for his passports if he has one now ?

[vinny]

Examining a valid ILR BRP once is sufficient.

[blueangel20063]

Examining a valid ILR BRP once is sufficient.

So If applying for ILR only to send proof settled workers hired after extension and not for those who carry on working from before extension?

[zimba]

I do not understand the source of confusion here. The change ONLY AND ONLY AND ONLY applies to people who want to ONLY rely on employee's birth certificates as the evidence of settled status.
If you want to rely on ANY other evidence like EEA passport or ILR copy, NOTHING HAS CHANGED.

[seasky]

Examining a valid ILR BRP once is sufficient.

So If applying for ILR only to send proof settled workers hired after extension and not for those who carry on working from before extension?

What is so difficult in sending the same evidence (PP, BRP, birth certificate+extras) that you sent last time around??

[seasky]

Examining a valid ILR BRP once is sufficient.

So If applying for ILR only to send proof settled workers hired after extension and not for those who carry on working from before extension?

What is so difficult in sending the same evidence (PP, BRP, birth certificate+extras) that you sent last time around??

[jafersadeq]

. For paragraph 46-SD(c)(ii)(2), substitute:
“(2) If the applicant is a director of a UK company, or member of a UK

partnership, a business bank statement from a UK account which shows business transactions, or a letter from the UK bank in question, on its headed paper, confirming that the company or partnership has a bank account, that the applicant is a signatory of that account, and that the company or partnership uses that account for the purposes of his business, and”

Dear Gurus,

a business bank statement from a UK account which shows business transactions

Which bank statement do they mean? Is it the statement which shows investment transactions? and how many bank statement do they ask? in their rules they say it is (a business bank statement), it means one statement, they did not say (statements) !!!
What do they mean by business transactions? is it 3 years transactions, or just for investment.

Please clarify,

[zimba]

It is a simple clarification. To extend you need to prove you have a UK business bank account which has some transactions (it is active)

[jafersadeq]

It is a simple clarification. To extend you need to prove you have a UK business bank account which has some transactions (it is active)

Thanks Zimba88,
But how many statement to be sent?
Thanks

[zimba]

One is enough.

[Atif786]

I do not understand the source of confusion here. The change ONLY AND ONLY AND ONLY applies to people who want to ONLY rely on employee's birth certificates as the evidence of settled status.
If you want to rely on ANY other evidence like EEA passport or ILR copy, NOTHING HAS CHANGED.

Hi Zimba, EE national ( French Passport holder ) only details page is enough or the signature page aswell, reason i am asking because my employee has her first name as signature in EE passport and in EU ID card LAst name as signature, it's confusing me now?

[zimba]

No need for the signature