20 Feb 20.02.2018 Important Changes to UK Immigration Rules
20.02.2018 Important Changes to UK Immigration Rules
Indefinite Leave to Remain
The requirement to not have spent more than 180 days outside of the UK per year prior to the application for ILR was extended to partners of Points-Based System Migrants, including partners of Tier 1 (Investor), Tier 2 (Entrepreneur) and Tier 2 (General) and (Intra-Company Transfer) Migrants. Absences from the UK made before 11 January 2018 will not count towards the 180 days. Tier 2 Migrants are no longer required to have been continuously employed throughout the qualifying period to be eligible for settlement.
Tier 1 (Exceptional Talent)
The number of endorsements available for Tier 1 (Exceptional Talent) Migrants is being doubled to 2000 (from 1000) per year.
Tier 1 (Exceptional Talent) Migrants will be able to apply for indefinite leave to remain in the UK after 3 years of continuous residence.
Tier 1 (Investor)
The government clarified that for any property used to evidence investment, the property must be the applicant’s main home. If the property is co-owned, only the investor’s share will count.
Tier 1 (Entrepreneur)
The requirements for a Tier 1 Entrepreneur visa have not been changed, however the new guidance clarifies and expands the previous wording. The new wording seeks to prevent ‘recycling of funds between applicants’ i.e. applicants cannot base their application on funds or investment that have been provided by another Tier 1 (Entrepreneur) Migrant, or that migrant’s business or close family member. Where funds are currently held by another business, not being the business the applicant is using to score points, that business is to be considered to be a third party providing funding.
Tier 2 (General) and (Intra-Company Transfer)
Students will now be able to apply to switch to Tier 2 (General) after their studies as soon as they have completed their courses, before they receive their final results. Start dates will be able to be delayed for Tier 2 (Intra-Company Transfer) Migrants without restriction.
Changes to electronic entry clearance
The government intends to begin issuing entry clearance in electronic form, rather than requiring entry clearance to be endorsed in a valid passport or other identity document.
Changes to Visitors
At present, a person who requires a visa to visit the UK for business, tourism, to get married or for other visit purposes must obtain a separate visa in order to transit the UK. Changes have been made so that those visitors, holding a standard or marriage/civil partnership visit visa, will be allowed to transit the UK without having to obtain a separate visa.