Changes to the Immigration Rules for Workers

On Thursday 7 December 2017, Brandon Lewis announced a new Statement of Changes in Immigration Rules. It is expected that most of the changes will be implemented in the New Year, including those relating to Tier 2 and PBS Dependants.

What is the Government aiming to achieve?

  1. To clarify and remove inconsistencies from the rules relating to ILR for Tier 2 main applicants and their dependants
  2. Introduce new Tier 2 provisions for research positions and for students entering the workforce
  3. Amend provisions to allow Tier 4 students below PhD level to switch their immigration category at a faster rate
  4. Relax the Resident Labour Market test to encourage organisations to employ international researchers and members of established research

Students under Tier 4 General Visa

Students no longer have to endure the waiting period for receiving their qualifications before they can benefit from the favourable switching provisions. Thus, you may apply instantly without having to wait for your graduation!

Some part-time students may be able to secure a Tier 4 General Visa. Please note, restrictions may apply when the visa is granted.

Family members of PBS Migrants

A maximum of 180 days’ absence is permitted in each of the 12-month periods leading to settlement in the United Kingdom.

Currently, this provision only applies to the main Tier 2 applicant, however it will soon be extended to include partners of Point Based System Migrants. It is important to note that this provision will not apply to their children.

Indefinite Leave to Remain

There is a further proposal to provide flexibility to ascertain when the continuous period of settlement has in fact ended. This will be one of the following; whichever is most beneficial to the applicant:

  • The date of application;
  • The date of decision; or
  • Any date up to 28 days after the date of application

The above is a summary of the announced changes. If you require specific advice on how these changes may affect you or your dependants, call us today to book an Initial Consultation.

Article posted by LUPINS

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