Latest UK Immigration Law Amendment Updates

The UK has made certain visa changes that become effective from July 6, 2018 onwards, and here’s an update for you!

The changes shows that while the administration is committed to offering protection and backing to the most defenseless individuals, it is simultaneously also in full support of the extremely skilled students and employees.

Coming back to the updates, as per the available information, and thanks to the changes, the line-of-work of doctors & nurses, from outside the European Economic Area (EEA), will be deleted from the Tier 2 (General) visa limit even as it will finally assist every job-provider/firm, with the reason being it will denote that the general demand for he restricted certificates of sponsorship (CoS) will head south.

As per another update, the demand for visas for the trained manpower, under the Tier 2 (General), has presently surpassed the Home Office’s monthly allocation every month since December 2017, and the numbers reveal that the figure of the refused restricted COS applications is heading north.

Now here under is a summary of some of the key amendments made to the UK laws that become effective from July 6, 2018 onwards!

Tier 2 (General) Amendments: the Monthly Limit

The UK Home Office has reportedly made public some improvements to exempt doctors and nurses from the monthly Tier 2 (General) restricted COS limit, which, allegedly, will free up close to nearly 40% of the entire Tier 2 positions. The amendment as mentioned earlier will denote that the requirement for the restricted CoS will decrease.

The change may come into force from the July monthly limit meeting, with the reason being despite the fact that the petitions require to be made by July 5, the real decision procedure will materially only on July 11. The monthly limit could still be surpassed in the coming some months, given the present build-up in petitions.

It will still be mandatory for those hiring for the different NHS responsibilities to carry-out a resident labour market test, to illustrate that despite their efforts they could not locate an appropriate UK employee.

But, visas will presently be assigned from the recruiter’s free COS allocation. It could create startling problems for the NHS sponsors lacking a large enough COS allocation. Given this, the recruiters could need to submit an application to the Home Office for a swell in their unlimited COS allocation, and this will be pretty time-consuming, or they could have to utilize the Premium Service alternative at an additional cost.

It will be particularly exasperating for those offering sponsorship to personnel in the shortage occupation responsibilities, which earlier would have been assured a portion of a restricted COS, and now could require cooling their heels until the sponsor has adequate unrestricted COS.

Additional Amendments under Tier 2

The administration has lastly specified that the 10% limit on the shares which a Tier 2 migrant can have in their sponsor comprises the shares controlled in an indirect as well as direct manner. While the provision dates back to the ancient ‘work permit’ plan, it is, allegedly, a matter of surprise that it has taken such a long time to be duly addressed.

References to the old Universal Job match service have also been substituted with the references to its replacement ‘Find a Job’ scheme.

Besides, the Tier 2 aspirants, submitting an application for settlement post July 6, 2018 who have been absent from job on either of these grounds, namely, paternity, maternity, shared parental or adoption leave will presently require to present written proof of either the birth or adoption.

Tier 1 Visa Amendments

Tier 1 (Exceptional Talent)

The range of responsibilities that may be imposed under the arts domain, by the pertinent designated competent organization, is to be duly increased, to cover those in the fashion business who are running top designer fashion companies.

This targeting of the particular responsibilities and segments is, allegedly, becoming an increasing feature of the skilled work-associated paths. An additional example is the planned amendments made to the existing Tier 1 Graduate Entrepreneur scheme proclaimed by the administration on June 13, tailored to draw those who want to launch a business in the UK predominantly the high-tech start-up firms.

Tier 1 (Investor)

The proof requirements for candidates in the stream have been made stricter. At present, it is mandatory that the aspirants present a portfolio report, as proof that investments have been continued at the needed 2 million Pounds level, signed off by a concerned financial establishment. As per the amendment, it is also compulsory that the financial organization presently ratify that the funds have only been invested in qualifying investments, and that no loan has been taken against the funds.

Tier 4 (student) Visas Amendments

As per the available information, the administration has made many improvements which will usually assist the Tier 4 students, and are generally positive news for the Tier 4 sponsoring establishments.

The bare minimum time-frame that a postgraduate course requires to be in order for a Tier 4 migrant to have the qualifications to bring dependents with them to the hotspot is being cut down to nine months from the preceding 12 months.

The Home Office will presently admit printouts from awarding bodies’ online checking services as proof of the preceding qualifications, despite the fact that it has reserved the right to request to check the original certificates of qualification or transcript, in case any need arises for the same.

Documentary requirements have been cut down for the students from some specific nations, including Bahrain, Cambodia, and China, etc.

At present, the ATAS certificates will be sought from the students who accept a pertinent period of study or research of any time-frame, as component of an overseas postgraduate qualification. Earlier, there was no need for it in case the time-frame was for less than six months.

Additional Amendments

Calculation of Absences

The administration has done a U-turn of sorts on its original decision to make retrospective a change to the calculation of the no more than 180 day absence requirement for majority of the aspirants submitting an application for leave to remain in a work-related class.

Prior to January 11, 2018, the same was calculated on a separate 12 month ground, via dividing the pertinent five-year time-frame, up to the date of a settlement petition into five separate 12 month time-frames.

The improvements denote that the rolling 180 day requirement will not be in force to absences which took place through the periods of leave granted prior to January 11, this year.

Despite the fact that it is a positive development for the people impacted, it does mean that different 180 day tests will be in force, on the basis of the date of the petition for indefinite leave to remain.

Continuity of Leave

Certain improvements are being made to bring entry clearance provisions into sync with the in-country provisions. Consequently, a person who has had an unsuccessful petition inside the UK could be entitled to present a petition out of the nation, inside 14 days of the preceding denial, without in any manner impacting the continuity of leave, on the inference that the new petition is sanctioned.

Returning Residents

Presently, the laws make a difference between the returning residents, who have been away from the nation for under two years, and those who have been away for an extended time-frame, to aid members of the ‘Windrush Generation’ who went away from the UK prior to the April amendment in the law promising them the nation’s citizenship. It is mandatory that the latter submits an application for leave to enter, and also illustrates that they have robust links to the hotspot and they plan to make it their abode permanently.

Digital Electronic Visa Waiver

The holders of the EVW will be in a position to submit their EVW in a digital arrangement and this will be possible for the first time, in the process, enabling an easier voyage to the hotspot. It denotes that the travelers will have the permission to submit their EVW in an electronic or printed format to airlines upon leaving and a Border Force Officer upon landing.

Share :