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CHANGES TO UK IMMIGRATION RULES IN APRIL 2012!

Changes to the Immigration Rules will be coming into effect on 6 April 2012. Some of the changes to Tier 2 will affect those who were granted leave after 6 April 2011. The changes include those mentioned below.

 

Tier 1 – High-Value Migrants

 

Tier 2 – Skilled Workers

  • Limiting the total amount of temporary leave that may be granted to a Tier 2migrant to 6 years (which applies to those who entered after 6 April 2011).
  • Introducing a new minimum pay requirement of £35,000 or the appropriate rate for the job, for Tier 2 general and sportsperson migrants who wish to settle here from April 2016 (with exemptions for those in PhD level and shortage occupation categories).
  • Introducing a ‘cooling-off period’ across all the Tier 2 routes. Tier 2 migrants will need to wait for 12 months from the expiry of their previous visa before they applying for an extension on their Tier 2 visa.
  • Introducing new post-study arrangements for graduates switching into Tier 2.

 

Tier 4 – Students

  • Extending the interim limit for sponsors that have applied for educational oversight and Highly Trusted Sponsor status and have not yet been assessed.
  • Introducing limits on the time that can be spent studying a degree level course.
  • Tightening work placement restrictions.

 

Tier 5 – Temporary Workers

  • Limiting the length of time temporary workers can stay in the UK to a maximum of 12 months, under certain Government Authorised Exchange schemes. The schemes affected are intern, work-experience and youth exchange type programmes.
  • Allowing Sportspersons who enter under the Tier 5 creative and sporting sub-category to undertake some guest sports broadcasting work where they are not filling a permanent position.

 

Changes in all tiers of the points-based system

  • Curtailment of leave will now become mandatory where a migrant under Tiers 2, 4, or 5 of the points-based system has failed to start, or has ceased, their work or study with their sponsor. The Rules will set out the limited exceptions to mandatory curtailment.
  • Reducing the curtailment threshold (the level of leave you have left which means that curtailment will not normally be pursued) from 6 months to 60 days.
  • Increasing the funds Applicants will need to provide evidence of, in order to meet the maintenance requirements for all routes in the points-based system. For Tier 4 and Tier 5 Youth Mobility Scheme the changes will come into effect on 6 April 2012. For Tier 1, Tier 2 and temporary workers under Tier 5 the changes will come into effect on 14 June 2012.

 

Sponsors

  • Introducing a Premium Customer Service for those A-rated sponsors in Tiers 2 and 5 who wish to apply and pay for a range of benefits. We will publish the full range of service benefits in due course. The service will launch in the 2012-13 financial year.

 

Visitors

  • The new visitor route will allow a small group of professionals, artists, entertainers and sportspersons who are invited to come to the UK to undertake short-term permitted fee paid engagements for up to 1 month.

 

Overseas domestic workers

  • Restricting all overseas domestic workers (ODW) to only work for the employer with whom they entered the UK, or whom they came to join.
  • Removing the right for all migrants under this category to apply for settlement.
  • Strengthening the requirement for the employer to provide evidence of an existing employer relationship, and introducing a requirement for agreed, written terms and conditions of employment to be produced.
  • Permitting all the migrants under this category who have applied for leave to enter or remain on or before 5 April 2012, to continue to be treated under Immigration Rules in place on that date.
  • Restricting the category in private households to work for an employer who is a visitor to the UK. Permission to stay in the UK will be limited to a maximum of 6 months or the period of the employer’s stay whichever is shorter. Removing the current provision for ODWs to be accompanied by dependants.
  • Permitting migrants in diplomatic households to apply to extend their stay for 12 months at a time up to a maximum of 5 years, or the length of the diplomat’s posting, whichever is shorter.

In addition to these changes, the government is also making amendments to the extension of leave to remain.

 

TO FIND OUT HOW THE RULES CHANGE WILL AFFECT YOU, CONTACT US NOW AND GET YOUR FREE ASSESSMENT TODAY!  Our experts are waiting to hear from you.

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