A statement of changes to the immigration rules HC2631 is now up and running. Most of the changes came into effect on 1st October, but some will take longer to do so.
The important changes are as follows, and I have sent this note to Armin for uploading on our website.
Children
Children admitted under the Dubs amendments (Lord Dubs) scheme as unaccompanied minors (arriving in Europe after 18 January 2018), will no longer need to apply for asylum in the first instance before being granted leave to remain under the Immigration Act 2016, section 67. This requires the SSHD to make arrangements to relocate to the United Kingdom and support a specified number of unaccompanied refugee children from other countries in Europe.
Tier 2
With respect to Tier 2 new occupations are included in the shortage occupation list for Tier 2 sponsorship following a review by the Migration Advisory Committee. The new professions include archaeologists, architects, biochemists, occupational therapists, physiologists, speech therapists, vets and web designers who no longer need to advertise to give persons in the British labour force and (at present the EEA), an opportunity first to apply for the position prior to employing form outside the said area.
Chefs & Tier 2
Chefs who work in restaurants that provide a takeaway service are eligible to apply under Tier 2 General.
Tier 4
Students on Tier 4 general visas may start working for Tier 2 sponsors within three months of the completion of their degree.
Appendix O
Appendix O of the immigration rules which provided for approved English language tests has now been removed and details of approved tests will now only be on the government Home office website that shows the procedure to follow when taking an approved English language test and the standard of the test depending on the type of application. For example, if someone was to settle permanently in the UK if they took the CER F A1 when first applying for a visa, will need to take CER F A 2 when they apply to stay after 2.5 years. The removal of appendix O from the immigration rules is sensible due to the fact that the Home Office has a habit of changing the standard of English required from time to time, and therefore the up-to-date position can be noted from the government website.
EU Settlement Scheme
A person applying to the EU settlement scheme under Appendix EU of the immigration rules as the dependent parent of an EEA citizen aged under 18 years of age is now required to prove their dependency in order to be granted status.
Finally, Caseworkers are no longer entitled to accept applications made for administrative review in the event of a refusal of EU settlement/pre-settlement status if these applications are made out of time. There was a discretion allowing them to do so but this has now been removed.
Ask an Immigration Solicitor London for advice
Our team of immigration solicitors can advise you on the most recent changes to the rules by assessing your specific case. If you have any questions you can always ask our team by calling +44 (0) 207 269 9590 or fill out the form below and one of our lawyers will reply to you within 24 hours (on working days).
