New Immigration Rules Changes – November 2016

For those who have not noticed, on the 3rd of November the UK Government introduced changes to the UK Immigration rules . These changes come into effect from the 24th of November. This is due to affect those who are going to be making a UK Immigration visa application on or after the 24th of November; these rules may affect you application. For those who have pending applications worry not, as these rules do not affect your application.

So, what do the new Immigration Rules state

In a nutshell, the changes are as follows:

Tier 1- Entrepreneur Visa

  • Those supplying banks statements do not need to cover a period of 90 days
  • Accountants cannot self-certify their own accounts

Tier 2 – General Visas

  • The Tier 2 (General) salary threshold for experienced workers is increasing to £25,000, with some exemptions
  • The Tier 2 (Intra-Company Transfer) salary threshold for short-term staff is increasing to £30,000
  • The Tier 2 (Intra-Company Transfer) graduate trainee salary threshold is reducing to £23,000 and the number of places is increasing to 20 per company per year
  • The Tier 2 (Intra Company Transfer) skills transfer sub-category is closing

Tier 4 – Student Visas

  • Amendments to the academic progression rule will include;
    • Maintenance requirements for the Doctorate Extension Scheme
    • Evidence of overseas qualifications
    • Overseas qualifications must be equivalent to a UK level
    • Minor and technical adjustments such as:
      • The definition of a UK Recognised Body to reflect a change in ownership of the Tier 4 Postgraduate Doctor and Dentist Programme by Health Education England from 1 November 2016
      • The change of the Law Conversion in Ireland to a Masters in Law
      • Allowing students who wish to progress to a higher level of education (Master’s, PhD) to make visa extensions from within the UK
      • Doctorate Extension Scheme applicants must show they have two months sufficient funds to support themselves before they begin salaried employment

Tier 5 – Youth Mobility 

  • Maintenance requirements have been amended and are now the same as Tier 2 Migrant requirements i.e you must show you can maintain and accommodate yourself for the first month of your stay with an amount of £945

Higher level English language requirement for all visa extensions

Some of you may have seen my previous article in February when the Government proposed this. See article

  • A New English Language requirement of Level A2 has been introduced for non-EEA partners and parents
  • This change also applies to those extending their visa after their 2.5 year stay in the UK and the 5 year route to settlement under Appendix FM Immigration Rules, for example, if you have a spouse visa which you will be extending after this period you will need to meet the Level A2 requirement (see the previous article)
  • The requirement also applies to those whose visa is due to expire after 1 May 2017.

Overstaying 28 day grace period reduced to 14!

The UK Immigration Rules has previously permitted a period of 28 days for overstayers within which an extension for a visa application could be made. The new Immigration Rules have abolished the 28 day period and all visa extensions must be made within 14 days of expiry:

“The 28-day period is, therefore, to be abolished. However, an out of time application will not be refused on the basis that the applicant has overstayed where the Secretary of State considers that there is a good reason beyond the control of the applicant or their representative, given in or with the application, why an in time application could not be made, provided the application is made within 14 days of the expiry of leave.”

Commencement

Unfortunately, the UK Government has, as usual, not given much notice and for those wishing to settle/work/study in the UK, or if you are looking to extend your visa, please note that these changes to UK Immigration will apply from the 24th of November 2016, and that your application may be affected by this.

How can Cross Border Legal assist you?

Cross Border Legal are UK Immigration solicitors with expertise in Immigration and Human Rights Law.

Cross Border Legal are UK immigration lawyers who are able to assist you with your visa application from within the UK or abroad

Our UK Immigration Solicitor deals with UK Immigration and EU law

Cross Border Legal are UK Immigration solicitors who are willing to work on complex immigration matters relating to your application

At Cross Border Legal, our Immigration Solicitor offers Skype consultations for your immigration matters

Cross Border Legal UK Immigration Solicitors are able to assist you with your UK immigration matter

If you have been affected by  any  UK immigration matter, please contact Solicitor  Tito, a UK immigration and human rights solicitor, for a free initial consultation about your legal options.Call 07544 669131/01163800744 or on Skype: tito.mbariti.