Immigration Law Archives - ICS Legal Blog

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NHS frontline workers visas extended so they can focus on fighting coronavirus

NHS frontline workers visas extended so they can focus on fighting coronavirus As part of the national effort to combat coronavirus, doctors, nurses and paramedics will automatically have their visas extended, free of charge, for one year. The extension, announced today (31 March) by the Home Secretary Priti Patel, will apply to around 2,800 migrant doctors, nurses and paramedics, employed by the NHS whose visa is due to expire before 1 October. The extension will also apply to their family members, demonstrating how valued overseas NHS staff are to the UK. By giving them the peace of mind that they do not need to apply for a visa extension, this will allow those at the frontline – working around the clock in hospitals to treat the most seriously ill – to focus fully on combatting coronavirus and saving lives. To get more doctors and nurses on the frontline, the Home Office has also lifted the restriction on the amount of hours student nurses and doctors can work in the NHS. On top of these changes, pre-registered overseas nurses who are currently required to sit their first skills test within 3 months and to pass the test within 8 months, will...

Immigration Law Changes – 22nd Oct 2020

Immigration Law Changes - 22nd Oct 2020 The Visitor rules will now: permit study of up to six months under the standard visit route. All study must be undertaken at an accredited institution, except recreational courses undertaken for leisure that last no longer than 30 days; allow drivers on international routes to collect as well as deliver goods and passengers in and out of the UK; remove the requirement for volunteering to be incidental to the main reason for the visit. In the Student and Child Student rules, the maintenance levels are being amended in line with the current home student maintenance loans. Minor corrections will be made to the rules as laid on 5 October 2020. A new Short-term Study route is being introduced for students who wish to come to the UK to study English language courses for between 6 and 11 months, replacing the current route. The study must be at an accredited institution. Students who wish to come to the UK to study for 6 months or less may now do so under the Visitor route. The Skilled Worker route is a new points-based route for those who wish to come to the UK for the purpose...

Visa decision waiting times: applications outside the UK

Visa decision waiting times, applications outside the UK You do not need to book your travel before applying for a visa. Visa fees can only be refunded if we have not yet started processing your application. If you are applying to extend or switch a visa within the UK, check the individual visa guides to find out how long it will take. If you want to visit the UK You should get a decision on your visa within 3 weeks of attending your appointment at the visa application centre, where 1 week is 5 working days, if you are applying for a visa to visit the UK: for a holiday or to see family or friends for a business trip or meeting to get married You may be able to get your visa faster or other services depending on what country you’re in - check with your visa application centre. If you’re travelling through the UK You should get a decision within 3 weeks of attending your appointment at the visa application centre, where 1 week is 5 working days, if you are applying for a visa to travel through the UK on your way to another country, You may be able to get your...

Prove your English language abilities with a secure English language test (SELT)

Prove your English language abilities with a secure English language test (SELT) Applications that require an English language test There are 2 types of test as different immigration routes require different levels of English language ability. The test you will need to take depends on what you are applying for. For the following application routes, you will need to take a test that assesses your reading, writing, speaking and listening abilities: Innovator Start-up Tier 2 (General) Tier 2 (Minister of Religion) Student For the following application routes, you will need to take a test that assesses your speaking and listening abilities: Tier 2 (Sportsperson) Representative of an Overseas Business partner parent settlement (also known as indefinite leave to remain) citizenship The level of test you will need, known as the Common European Framework of Reference for Languages (CEFR) level, will depend on the route you are applying for. To find out which level you need, see the specific guidance for your immigration route. Approved test providers and approved tests You can only take an SELT with one of the following providers: IELTS SELT Consortium (UK or overseas) LanguageCert (UK or overseas) Trinity College London (UK only) Pearson (UK and overseas) PSI Services (UK) Ltd...

Recruiting people from outside the UK from 1 January 2021

Recruiting people from outside the UK from 1 January 2021 From 1 January 2021, freedom of movement between the UK and EU will end and the UK will introduce an immigration system that will treat all applicants equally, regardless of where they come from. Anyone you want to recruit from outside the UK, excluding Irish citizens, will need to apply for permission first. The requirements are different for each visa. The new system will not apply to EEA or Swiss citizens you already employ in the UK. EEA and Swiss citizens living in the UK by 31 December 2020, and their family members, can apply to the EU Settlement Scheme. They have until 30 June 2021 to apply. From 1 January 2021 you’ll need to have a sponsor licence to hire most workers from outside the UK. Call our team on 0207 237 3388 or email us on info@icslegal.com.  Skilled workers From 1 January 2021, anyone you recruit from outside the UK for the Skilled Worker route will need to demonstrate that: they have a job offer from a Home Office licensed sponsor they speak English at the required level the job offer is at the required skill level of RQF3...

10th Sep 2020 – Statement of Changes

This instrument amends the Immigration Rules that are used to regulate people’s entry to and stay in the United Kingdom. The detail of the changes being made is included in section 7 of this Explanatory Memorandum, but in summary, the changes will: Introduce the Student and Child Student rules for the Points Based Immigration System and make consequential amendments to other sections of the rules. Introduce sections of the rules for English Language provision, Maintenance and Academic Technology Approval Scheme (ATAS) and make consequential amendments to other sections of the rules. Remove or amend all references to Tier 4 as the route will close on 5 October 2020 at 0900 when the Student route is introduced. The definitions of ‘Student’ and ‘Child Student’ will include reference to ‘Tier 4 (General) and Tier 4 (Child) students respectively, to ensure that current Tier 4 visa holders can continue to extend their visas and bring dependants under the new rules, if they meet the requirements of the route. These changes shall take effect on 5 October 2020 at 0900. In relation to those changes, if an application for entry clearance, leave to enter or leave to remain has been made before 5 October 2020 at...

UK points-based immigration system: further details statement

Introduction On 31 December 2020, at 11:00 PM, freedom of movement between the United Kingdom (UK) and the European Union (EU) will end. This document sets out further detail on how our new immigration system will operate. At the heart of it will be the Points-Based Immigration System. In February 2020, we published our Policy Statement on the UK’s Points-Based Immigration System. This set out how we would fulfil our commitment to the British public to take back control of our borders by ending free movement and introducing a single, global immigration system. The Points-Based System will cater for the most highly skilled workers, skilled workers, students and a range of other specialist work routes including routes for global leaders in their field and innovators. This document builds on the Policy Statement by providing more detail to applicants, employers and educational institutions on the draft requirements and conditions underpinning the key immigration routes in the Points-Based System. The routes described in this document cover the main economic migration routes for those wishing to apply to work or study or set up a business in the UK. It also sets out our generous provisions for visitors. It is intended to give...

Application for change of conditions of leave to allow access to public funds if your circumstances change

Use this form if you already have leave granted on the basis of your family or private life. You can apply for a change to your conditions if: your financial circumstances have changed since being given permission to stay in the UK and you are no longer able to provide food or housing for yourself or your family your child is at risk because of your very low income you had financial problems when you first applied but you did not provide evidence of this and you now want to provide this evidence You can only change the conditions of leave which will allow you to access public funds to which you may be entitled with this request. Eligibility Check your eligibility before you apply. If you are eligible to apply you will find guidance on how to complete your application and the evidence you need to provide within the online application. What happens next If you meet the requirements for a change to the conditions of your leave to allow you to apply for public funds you will be told by letter or email. This may include a request that you give biometric information (fingerprints and photograph). You would need...

Priority visa applications for Global Talent

You may be able to pay for a faster decision on a Global Talent visa or settlement (‘indefinite leave to remain’) application. You cannot submit a priority application for endorsement (stage 1) regardless of whether you are inside or outside of the UK. Priority applications from inside the UK If you are inside the UK, you can submit your immigration leave application (stage 2) as a super priority application, but should only do so if you have received your successful endorsement (stage 1) decision. Super priority applications (stage 2) cannot be held awaiting the outcome of a stage 1 application. Applications to extend your Global Talent leave or to apply for settlement may also be submitted as super priority applications within the UK. Applications submitted under a super priority service are subject to additional fees. Priority applications from outside the UK If you are outside the UK, you may be able to submit your entry clearance application (stage 2) using a priority service or super priority service, depending on options available in the country where you apply. Again, you should only apply for stage 2 if you have received your endorsement (stage 1) decision. Applications to extend your Global Talent leave...

Rights and status of frontier workers in the UK from 1 January 2021

Being a frontier worker depends on you having employment or self-employment in the UK. You can keep your frontier worker status if you are not working and one of the following applies: you’re temporarily unable to work because of an illness or accident you were working in the UK but are now involuntarily unemployed, and are looking for work in the UK you’re in vocational training while involuntarily unemployed you’re in vocational training while unemployed, and the training is related to the work you carried out in your previous work you’re temporarily unable to work as a result of pregnancy or childbirth you’re on maternity or paternity leave, and you will return to your previous employment, or find another job, at the end of this period You’ll need to apply for a frontier worker permit to enter the UK as a frontier worker. We will update this page when more information is available. Irish citizens do not need to do anything to continue working in the UK after 31 December 2020. Find out more about the rights of Irish citizens in the UK after Brexit.