60 days rule change - need help

[superhulk]

Hi All,

I was reading few threads on this forum regarding new rule chnages and I have few questions after reading rules https://www.gov.uk/government/uploads/s ... _Rules.pdf

1) I see some people mentioning on different posts that 60 day rule change will apply for people having COS issued after 11 Jan 2018. However in document on gov.uk it is mentioned that 6A.22 and 6A 23 will be applied for COS issued after 11Jan 2018. 6A.4 ( which says delete 245aaa.(b))is not mentioned.

The changes to Part 6A set out in paragraphs 6A.22 and 6A.23, to Appendix A set out in paragraphs A16. to A19., and to Appendix J set out in paragraphs J1. to J11. of this statement shall take effect on 11 January 2018. However, if an applicant has made an application for entry clearance or leave to remain using a Certificate of Sponsorship that was assigned to him by his Sponsor before 11 January 2018, the application will be decided in accordance with the rules in force on 10 January 2018.

2) Also the last para of implementation section only talks about application date and not COS date.

The other changes set out in this statement shall take effect on 11 January 2018. However, in relation to those changes, if an application has been made for entry clearance or leave to enter or remain before 11 January 2018, the application will be decided in accordance with the Immigration Rules in force on 10 January 2018.

So my questions are

i. Where is it mentioned in document that 6A.4 will apply for COS generated after 11 Jan 2018

ii. If in case it is for COS generated after 11 Jan 2018 does it mean just a last COS or all the COS generated in last 5 years i.e. rule will come into effect from 2023

iii. If it is not mentioned then am I correct in my understanding that 6A.4 will apply for all applicants after 11 Jan 2018?

[makky86]

Hi All,

I was reading few threads on this forum regarding new rule chnages and I have few questions after reading rules https://www.gov.uk/government/uploads/s ... _Rules.pdf

1) I see some people mentioning on different posts that 60 day rule change will apply for people having COS issued after 11 Jan 2018. However in document on gov.uk it is mentioned that 6A.22 and 6A 23 will be applied for COS issued after 11Jan 2018. 6A.4 ( which says delete 245aaa.(b))is not mentioned.

The changes to Part 6A set out in paragraphs 6A.22 and 6A.23, to Appendix A set out in paragraphs A16. to A19., and to Appendix J set out in paragraphs J1. to J11. of this statement shall take effect on 11 January 2018. However, if an applicant has made an application for entry clearance or leave to remain using a Certificate of Sponsorship that was assigned to him by his Sponsor before 11 January 2018, the application will be decided in accordance with the rules in force on 10 January 2018.

2) Also the last para of implementation section only talks about application date and not COS date.

The other changes set out in this statement shall take effect on 11 January 2018. However, in relation to those changes, if an application has been made for entry clearance or leave to enter or remain before 11 January 2018, the application will be decided in accordance with the Immigration Rules in force on 10 January 2018.

So my questions are

i. Where is it mentioned in document that 6A.4 will apply for COS generated after 11 Jan 2018

ii. If in case it is for COS generated after 11 Jan 2018 does it mean just a last COS or all the COS generated in last 5 years i.e. rule will come into effect from 2023

iii. If it is not mentioned then am I correct in my understanding that 6A.4 will apply for all applicants after 11 Jan 2018?

It is not enitrely clear. As per my understanding this will not be applicable to old applicants.

Wait for gurus to respond or not a bad idea to get help from regulated solicitors

http://home.oisc.gov.uk/how_to_find_a_r ... inder.aspx

[mengo]

The paragraph 245AAA(b) is removed completely. There is no such new paragraph identifying applicant with new or older CoS. So, all applications made after 10th January shouldn't be rejected due to employment gap - obviously may be rejected due to breach of other rules.