Statement Of Changes To The Immigration Rules
On October 22, 2020, the UK government published a Statement of
Changes to the Immigration Rules, introducing the expected
“Points-Based” Immigration System.
Among the changes, most of which take effect on December 1,
2020, are the following:
English Language
- Applicants only need to prove therequired level of English language to the Home Office once. Malta
is included in the majority English-speaking country list (so
Maltese nationality is proof of English language ability).
- Applicants can rely on a degree fromIreland as proof of English language ability.
- Applicants who have gained GCSE/ALevel or Scottish Higher in English while at school in the UK can
rely on this as proof of their English language ability (initially,
only for entry clearance and permission to stay for Student,
Skilled Worker, Start-up and Innovator).
Financial Requirements
- Students, Skilled Workers,Intra-Company Workers, Tier 2 Minister of Religion, Tier 2
Sportspersons, Tier 5 (Temporary Workers), Start-up and Innovator
applicants no longer need to meet the maintenance requirement if
they have been supporting themselves in the UK for more than 12
months.
- Applicants are required to show theyhave held funds for 28 days (initially, only for Student, Skilled
Worker, Start-up and Innovator routes)
- Applicants can rely on electronicbank statements without requiring that they be certified by the
bank on every page.
- Applicants can rely on a wider rangeof accounts, not just cash or cash savings, as long as the funds
can be accessed immediately.
- Applicants must submit evidence offunds within 31 days of the date of application.
- The maintenance requirement forParents of a Child Student is set at £1560/month up to a
maximum of 9 months; and an additional £625/month for any
child other than the Child Student who will be under their care in
the UK.
- The maintenance requirement forSkilled Workers, Intra-Company Workers, Tier 2 Minister of Religion
and Sportspersons, Innovators and Start-Ups, Tier 5 (Temporary
Workers), including Seasonal Workers, Religious Workers, Charity
Workers, Creative and Sporting workers, International Agreement
Workers and Government Authorized Exchange Workers will be
increased from £945/month to £1270/month and applicants
are now required to show they have held the funds for 28 days.
- For most dependents, the maintenancerequirement is reduced from £630/month to £285/month
for a dependent partner, £315/month for the first child
applying and £200/month for each subsequent child.
- The maintenance requirement for YouthMobility Applicants will be increased from £1890/month to
£2530/month and applicants are now required to show they have
held the funds for 28 days.
- The maintenance requirement forStudents will be £1334 /month in London and £1023/month
outside London.
Visitors
- Visitors are permitted to study forup to six months, rather than 30 days as currently. This does not
apply to recreational leisure courses. A new short-term study route
allows study for 6-11 months.
Skilled Workers
- The minimum skill level is reducedfrom RQF level 6 (university degree) to level 3 (A-level or
equivalent).
- The Tier 2 cap is suspended.
- The Resident Labour Market Test isremoved.
- Sponsored workers continue to requirea job offer from an approved sponsor (20 points), for a job at an
appropriate skill level (20 points) and English language skills at
B1 (intermediate) level (10 points).
- The standard minimum salaryrequirement is reduced from £30,000 to £25,600 and the
going rate for the occupation (20 points), but with some
flexibility:
- £23,430 and 90% of the goingrate for the occupation for those who have a relevant PhD.
- £20,480 and 80% of the goingrate for the occupation for those working in jobs on the Shortage
Occupation List or in a listed health or education occupation, or
who have relevant PhDs in science, technology, engineering or
mathematics (STEM).
- £20,480 and 70% of the goingrate for the occupation for new entrants to the labor market.
- New entrants will also include thosesponsored in postdoctoral research positions and those working
towards professional qualifications, registration or chartered
status. The criteria for new entrants switching from the Student
route are being widened to include those were in the route at any
time in the two years before they apply.
- The 12-month “cooling offperiod” and six-year maximum length of stay in the route are
being removed. The Skilled Worker route will not restrict when
applications can be made or restrict length of stay.
- The £35,800 salary thresholdfor settlement applications is being removed. Instead, sponsors
must be paying their skilled workers a salary which equals or
exceeds £25,600 per year and the going rate for the
occupation (or £20,480 and the going rate for the occupation
for shortage occupations or listed health or education
occupations).
- The Tier 2 (General) route will beclosed to new applications from December 1, 2020. A person who has
entry clearance or permission to stay on the Tier 2 (General) route
and wants to extend their stay in the UK can apply for further
leave, or settlement, under the Skilled Worker rules if they meet
the requirements.
- All Skilled Worker applications,including Dependent partner and child applications, which are made
on or after December 1 will be decided in accordance with the new
Skilled Worker rules, even where they are accompanied by a
Certificate of Sponsorship which was issued under the Tier 2
(General) rules and policy in place before December 1. Sponsors
will need to provide additional information via a “sponsor
note” to allow Certificates of Sponsorship issued before
December 1, 2020 to be used for a Skilled Worker application.
Intra-Company Transfer
- This route will require applicants tobe in roles skilled to RQF6, and subject to a different minimum
salary threshold from the main Skilled Worker route. It will not be
subject to English language requirements but will be subject to a
requirement that the worker has been employed by the sending
business for a minimum period prior to the transfer (12 months in
the case of intra-company transfers or three months in the case of
intra-company graduate trainees).
- High-earners – those earning at least£73,900 per year (reduced from £120,000) – do not need
to have been working for the sponsoring business overseas for at
least 12 months.
- The “cooling off” ruleswill be adjusted for intra-company transfers, so that an overseas
intra-company transfer must not hold entry clearance or leave to
enter or remain as an intra-company transferee for more than five
years in any six-year rolling period, except where they qualify as
high earners to be granted up to nine years in any ten-year rolling
period.
- Those admitted on the route will bepermitted to switch into the Skilled Worker route whilst still in
the UK if they meet the qualifying requirements for that
route.
Global Talent
- Changes have been made to thedefinition of qualifying academic and research roles, and the
criteria for senior appointments.
EU, Swiss and Turkish Citizens
- EU or Swiss citizens with limitedleave under Appendix EU (the EU Settlement Scheme or EUSS) on the
basis of being resident in the UK before the end of the transition
period can sponsor new family members (those not covered by the
EUSS) to come to or remain in the UK.
- Turkish workers and businesspersonswith limited leave under Appendix ECAA Extension of Stay (or under
legacy arrangements in respect of the European Communities
Association Agreement or ECAA) can sponsor a partner and children
to come to or remain in the UK.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.