Statement of Changes in the Immigration Rules

A new Statement of Changes in the Immigration Rules has been presented to parliament today affecting many immigration categories. Please find below a breakdown of the main changes:

Tier 1 (Entrepreneur)

• Amending the ‘genuine entrepreneur’ test for initial applications so that the Home Office can make an assessment of any previous investment made by an applicant into a UK business, in order to be satisfied that the investment was genuine;
• Clarifying the evidence required to show funds invested;
• Clarifying the evidence required to show continuous trading;
• Clarifying the evidence required to demonstrate that the applicant has created 2 or more jobs;

Tier 1 (Investor)

• When property is used as balance of funds, it can only be jointly owned with the applicant’s spouse or partner;
• Investment by way of share or loan capital in investment syndicate companies is not acceptable;

Tier 2

• Shortage Occupation List (job titles that are exempt from the Resident Labour Market Test) – the following jobs are to be added, product manager data scientist, senior developer, cybersecurity specialist and nurses;
• From 06/04/2016 the salary requirement for Tier 2 ILR will be £35,000 – this requirement is being moved into the Immigration Rules – jobs in the Shortage Occupation List do not need to meet this salary requirement;
• Tier 2 and 5 Migrants may not be absent from work without pay for four weeks or more in total during any calendar year (this was previously 30 days per year);

Sole Representative

• Evidential requirements will be introduced into the Immigration Rules;
• Applicant’s relying on an approved English language test at level A1 of the Council of Europe’s Common European Framework for Language Learning are only required to pass the speaking and listening requirements;

Administrative Review

• Home Office caseworkers may request further evidence in limited circumstances when considering an Administrative Review request;

Knowledge of Language and Life

• Applicants wishing to show the required level of English with an English language qualification must have a qualification from the Secure English Language Test list in Appendix O;
• Changes have been made to the evidential requirements to reflect the online verification systems;

Visitors

• Visitors are permitted to undertake a maximum of 30 days study and 30 days volunteering provided that the main purpose of their visit to the UK is another visitor permitted activity, i.e. holiday or business meetings;

Asylum

• New Immigration Rules to make asylum claims from EU nationals inadmissible – this means the claim will not receive substantive consideration, there is no rights of appeal however this may be challenged by Judicial Review.

We will continue to keep you updated.