Statement of changes into immigration rules presented to Parliament

Administrative review

In some circumstances, an applicant may challenge a decision on their application or in

respect of their leave by applying for administrative review.

This instrument mandates online applications for administrative reviews where the

original application was made online. This is in line with the Government’s wider

modernization programme of ‘digital by default’. Paper applications for administrative

review will remain possible for those who made their original valid application on

paper.

Minor amendments relating to the Start-up and Innovator categories

The Start-up and Innovator categories were introduced in March 2019. They are for

people seeking to establish an innovative, viable and scalable business in the UK,

whose business ideas are supported by an authorized endorsing body. The following

changes are being made to these categories:

• A change is being made to the Tier 4 (General) rules to allow students who have

submitted a Start-up application supported by an endorsing body to commence

their business activities whilst their application is being considered;

• An exemption from the requirement for ‘start-up’ applicants not to have

previously established a UK business is being added for Tier 4 (General) students

on the doctorate extension scheme;

Minor amendments to the Tier 1 (Investor) category

The Tier 1 (Investor) category is for high net worth individuals making an investment

of at least £2 million in the UK. The following changes are being made:

• The changes made in March 2019 to closing dates are being flexed to allow

applicants to make extension or settlement applications after these dates, provided

that they move their qualifying investments out of UK Government bonds before

either 6 April 2023 in the case of extension applications, or 6 April 2025 in the case

of settlement applications.

Minor amendment to Tier 1 rules – Exceptional talent criteria

The Tier 1 (Exceptional Talent) category is for talented individuals in the fields of

science, humanities, engineering, the arts and digital technology to work in the UK

without the need to be sponsored for employment in a specific post. Applicants must

be endorsed by a Designated Competent Body.

At the request of one of the Designated Competent Bodies, Tech Nation, a number of

changes have been made:

• There must be three, rather than just two, letters of support provided by established

organizations in the digital technology sector to permit more in-depth consideration

of an individual’s skills and the contribution they would make to the sector;

Minor amendment to update the accepted English language test providers and Exemptions

to the English language testing requirement.

An amendment is being made to Appendix B and Tier 2 (General) requirements to

exempt doctors, dentists and nurses and midwives, when making a Tier 2 (General)

application, from having to sit an approved English Language Test if they have already

passed an English test accepted by the relevant professional regulatory body 5. A

corresponding amendment is also being made to provide that Tier 2 doctors, dentists

nurses and midwives who have passed such a test are treated as having demonstrated

sufficient knowledge of the English language for the purpose of settlement.

Amendments are being made so that applicants are no longer required to provide

documents showing that they have sat an approved English Language Test but need

only to provide the English Language Test unique reference number for checking.

Minor amendment to Knowledge of language and Life (KOLL)

Amendments are being made to Appendix KOLL so that applicants are no longer

required to provide original documents as proof of passing the ‘Life in the UK’ test but

need instead only to provide the unique reference number for checking.

Tier 4: Switching into Tier 2

Tier 4 students studying at degree level or above are now permitted to apply to switch

into the Tier 2 route within 3 months of the expected end date of their course, to

facilitate such students taking up skilled work in the UK following the successful

completion of their studies. A corresponding change is being made to the Tier 4

conditions of leave to allow such students to commence work with their Tier 2 sponsor

if they have applied to switch into the Tier 2 route within 3 months of the expected end

date of their course.