The UK Border Agency has announced that a written ministerial statement has been ‘laid in Parliament’ on 22 November 2012 bringing into Law a number of changes to the Immigration Rules, which will come in to force next month on 13 December 2012.
Most of the changes are said to be minor amendments to the Immigration Rules, however, the decision to restrict international student graduates from switching into the Tier 1 Entrepreneur visa looks a little more than a “minor” change.
Preventing students from staying on in the UK to invest money and employ people seems counter productive.
The UKBA say that these changes to the Immigration Rules include ‘non substantive’ changes for sponsors and migrants coming to the UK under the following routes of the points-based system:
- Tier 1 – entrepreneurs and investors.
- Tier 2 – skilled workers, including changes for senior intra-company transfers.
- Tier 4 – students, including extending the interim limit.
- Tier 5 – temporary workers including the requirements for the government authorised exchange category and private servants in a diplomatic household.
- Sponsorship – revised sponsorship guidance will be published in December.
Criminal convictions (even for not paying your fare on a train) and County Court Judgments (CCJ’s) or Civil Judgments can lead to man datoryvisa refusals, as we are already seeing.
- Establishing a more robust and clear criminality framework to assess immigration applications against which immigration applications will be assessed.
- Recalculating the length of time, based on the length of sentence, before we will revoke a deportation order.
- Introduction of a re-entry ban, for some foreign national offenders who have been removed from the UK as part of a conditional caution and additional powers to end (curtail) a migrant’s visa or leave.
- Creation of a ‘route’ for ex-Armed Forces to remain in the UK.
- Amendments to clarify the absences from the UK that are allowed during the continuous residence period for Tier 1 (General), Tier 2 and pre-points based system work routes (for example work permits, self-employment and business person).
Family and private life
- Minor changes to the child and parent routes to make them as clear and comprehensive as possible.
There will also be some changes to the Youth Mobility Scheme quotas and Tier 4 loan letters in early 2013.
See the UKBA website the the Statement of Changes to the Immigration Rules and the explanatory memorandum within the document. See below written ministerial statement. The statement of policy can be found on the Home Office website. Source: UK Border Agency.
Statement of Changes in Immigration Rules
This written ministerial statement was laid in the House of Commons on 22 November 2012 by Theresa May, and in the House of Lords by Lord Taylor of Holbeach.
In April last year the Government made substantial changes to the Tier 1 (Entrepreneur) and Tier 1 (Investor) categories. The Home Office has been reviewing how effective these changes have been. As a result, a number of minor changes are being made to these two categories, including:
- Providing for entrepreneurs with funding from Departments of Devolved Administrations
- Lowering the English language requirement for entrepreneurs in response to concerns that the high requirement was a possible deterrent to potentially successful businesses
- Restricting the ability of students to switch into the entrepreneur route, due to concerns about abuse
- Restricting investors from working as professional sportspeople, to prevent them circumventing the Sports Governing Body endorsement needed in the dedicated routes for sportspeople
- Additional controls to ensure entrepreneurs and investors genuinely have access to the funds they claim they do
- Providing for investors? leave to be curtailed if they fail to maintain the required level of investment
- Clarifications to confirm that points will not be awarded for investments against which applicants have taken out loans, or investments that are held in offshore custody.
I am making minor changes to Tier 2, the route for skilled workers with a job offer. These include supporting business by allowing very senior intra-company transferees to extend their stay in the UK up to 9 years (other transferees are restricted to a maximum of 5 years); making provision for barristers to apply in Tier 2; and making the operation of “cooling off periods” more flexible for migrants who leave the UK before their leave expires.
I am setting the annual allocations of places for participating countries and territories in the Tier 5 (Youth Mobility Scheme), and widening the definition of a training programme under the Tier 5 Government Authorised Exchange category to include training by HM Armed Forces and UK emergency services.
I am making changes to the International Agreement sub-category of Tier 5, to make more specific provision for contractual service suppliers (who do not otherwise have a UK presence) seeking admission under the relevant commitments in certain international trade agreements to which the UK is a party.
Applicants for settlement on the basis of work or economic activity in the UK must complete a continuous period of lawful residence in the UK – usually 5 years with exceptions for some Tier 1 Investors and Entrepreneurs and some Highly Skilled Migrant Programme migrants. Although it has been our practice to permit some absences from the UK during this period, the length of the short absences has not been specified.
I am making changes to the Immigration Rules for indefinite leave to remain for work permit and other pre-Points Based System employment, for businesspersons, innovators, investors, self-employed persons, writers, artists and composers, those here on the basis of UK Ancestry and for Tier 1 General, Tier 2 General, Sportsperson and Minister of Religion migrants and retired persons of independent means. These changes clarify that absences of up to 180 days in a 12 month period are permitted, provided the absence is for a reason that is consistent with the migrant?s purpose of stay in the UK or for serious or compelling reasons.
I am also making minor changes to the Tier 4 Immigration Rules on students, including allowing students to start work on a business idea or as a doctor or dentist in training as soon as they have submitted an appropriate application; removing an avenue used by applicants to circumvent our rules that ensure an applicant has sufficient funds to cover their course and maintenance; and extending the period of the interim limit where educational institutions that have not achieved both a satisfactory educational oversight inspection from a specified body and Highly Trusted Sponsor status are subject to an interim limit on the number of international students that can be recruited.
I am making a number of changes to the Immigration Rules on family and private life. These mainly reflect experience of the operation of the new Rules since they were implemented on 9 July 2012 and will help to make those Rules as clear and comprehensive as possible. The changes mainly concern the child and parent provisions of the Rules and the specified evidence required to meet the financial requirements of the Rules.
In addition to these changes, I am also creating a more robust, clear and transparent criminality framework against which immigration applications will be assessed. At present, there are few specific thresholds in the Immigration Rules. Much is left to discretion, except at the settlement stage where an unspent conviction results in mandatory refusal. There is some advantage to this flexibility in that it allows discretion to deal with hard cases, but it also means that there is a lack of consistency in dealing with offences. These changes will make it clearer about the level of offending that will lead to refusal.
The consequential changes will also:
- change the periods before a deportation order will normally be revoked
- introduce a limited leave „route? for foreign and Commonwealth ex-Armed Forces personnel who fail to qualify for indefinite leave or citizenship because of a relatively minor conviction
- introduce a re-entry ban of five years for any offender who leaves the UK as a requirement of a conditional caution
- introduce a discretionary power to curtail leave where a person commits an offence within the first six months of entering the UK.
Finally, I am also making a number of minor technical changes, corrections and updates to lists contained in the Immigration Rules. Details of these are set out in the Explanatory Memorandum being laid today to accompany the changes.
Date: Thu Nov 22 10:37:56 GMT 2012
If you need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Tier 2, Tier 4, applying for university if your college has closed down, Visa, ILR, Settlement, Citizenship, Dependant Visa or an appeal against a UK Border Agency or British Embassy refusal, or if you have been waiting for a reply from the Home Office for longer than a year, please email: