Changes to the Immigration Rules of 3 November 2016

1.

The threshold for experienced workers will increase to £25,000, with some minor exemptions; The Tier 2 (ICT) skills transfer category will now be completely closed for new applicants; Tier 2 (ICT) graduate trainee salary threshold is reduced to £23,000, however there will be a slight increase in the amount of places to 20 per company per year; Tier 2 (ICT) salary threshold for short-term staff will be increased to £30,000.

2.

Individuals holding ILR for a certain period, typically five years, may become eligible to apply for British citizenship, further solidifying their ties to the UK. British citizenship grants individuals the right to a British passport, unrestricted access to employment opportunities, and the ability to participate fully in the political and social life of the country.

3.

English Language Requirement

English language requirement increase for migrants under 5 year family route We published an article recently about proposed increase of English language requirement to level A2 CEFR for extension applications for family route migrants under 5 years route. This will now take effect for all applications for extension after initial 2.5 years of leave, which is due to expire on or after 1 May 2017.

Indefinite Leave to Remain (ILR), also referred to as settlement or permanent residency, is an immigration status in the UK that offers individuals the privilege of residing and working in the country without any limitations on their duration of stay. ILR bestows various advantages upon individuals, including access to public funds, healthcare services, and educational opportunities. With ILR, individuals can establish their long-term presence in the UK, enjoying the freedom to live and work indefinitely.

4.

Abolition of 28 day grace period

The Home Office will abolish a 28 day grace period for out of time applications made on or after 24 November 2016. This is one of the most significant and unexpected changes to the UK Immigration Rules. The change will have a serious impact on those applicants who miss expiry of their leave or have to reapply after the refusal of their leave to remain or following an unsuccessful appeal. The Home Office in their memorandum indicates that retaining this rule “sends a message which is inconsistent with the need to ensure compliance with the United Kingdom’s immigration laws”.

To be eligible for a Spouse Visa, the applicant must demonstrate a genuine and subsisting relationship with their UK partner. They must also meet financial requirements to ensure they can adequately support themselves without relying on public funds. Additionally, applicants need to provide evidence of suitable accommodation in the UK.