Migration to the UK Archives - Page 2 of 2 - ICS Legal Blog

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Family life as a parent of a child in the UK

The new changes to the Appendix FM of the Immigration Rules HC395 have placed confusion on Home Office Officials. You are strongly recommended to seek legal advice from ICS Legal prior submitting an application for leave to remain or entry clearance.  The purpose of the route is to allow a parent:  with access rights or sole responsibility of a child in the UK to enter the UK, or  to continue to live in the UK on the basis that they: o have sole responsibility for the child o have access rights to the child, or o are the parent with whom the child normally lives. The parent route is not intended to be relied on by a person who remains in a genuine and subsisting relationship with the other parent of their child. The parent route is to help parental access to children when the parental relationship has broken down. It is aimed at single parents who have:  sole parental responsibility for their child, or  who do not live with the child but they have access rights to that child. In leave to remain applications, a migrant parent with whom the child normally lives, rather than their British...

Amendments to Parts 5, 6 and 6A of the Immigration Rules – Work Related Settlement

Parts 5, 6 and 6A of the Immigration Rules include provision for indefinite leave to remain for work and economic activity-related routes of entry - for example work permit holders, businesspersons, investors, Tier 1 and Tier 2 of the Points Based System. The requirement for a continuous period of lawful residence in the UK is common to all these routes. There is no definition of UK for the purpose of the Immigration Rules, but the Interpretation Act 1978 defines the UK as Great Britain and Northern Ireland. This excludes the Crown Dependencies (the Bailiwicks of Guernsey and Jersey and the Isle of Man) and time spent there in a specified category has not counted toward indefinite leave to remain in the UK. The Crown Dependencies are, however, part of the Common Travel Area (CTA). Under Schedule 4 of the Immigration Act 1971, leave granted in the Crown Dependencies is treated as if it has been granted in the UK. The Rules have therefore been amended so as to include time spent in the Crown Dependencies in specified categories in the calculation of the continuous residence period for indefinite leave to remain in the UK in categories in Parts 5, 6...

Amendments to Tier 5 of the Points-Based System

Tier 5 of the Points-Based System caters for youth mobility and temporary workers coming for primarily non-economic purposes, and consists of two categories: Tier 5 (Youth Mobility Scheme) and Tier 5 (Temporary Workers). The Temporary Workers category consists of five sub-categories: Creative and Sporting, Charity Workers, Religious Workers, Government Authorised Exchange, and International Agreement. Applicants must have a Tier 5 Sponsor, which is usually their UK employer. The International Agreement sub-category provides for workers who may be admitted under the UK’s international commitments, but who are not otherwise covered by provisions in the Immigration Rules. Changes are being made to this sub-category to make provision for independent professionals seeking admission under the relevant commitments in certain international trade agreements to which the UK is a party. The changes require such professionals to have a university degree or a technical qualification demonstrating knowledge of an equivalent level, any professional qualifications required by law or other regulations for them to exercise the activity in question in the UK, and at least six years’ professional experience in the sector concerned. Further changes are being made to this sub-category to expand the provision for contractual service suppliers (who do not otherwise have a UK...

Changes to Tier 4 of the Points-Based System

Tier 4 of the Points-Based System caters for international students who wish to study in the United Kingdom. Tier 4 Students have conditions restricting their employment in the UK. Upon graduation a Tier 4 Student can remain in the UK to work by switching into Tier 2 if they have a graduate job paying £20,000 per year or more or switching into Tier 1 under our Graduate Entrepreneur scheme. From 6 April 2013, students successfully completing a PhD at a UK Higher Education Institution (HEI) will be able to stay in the UK, sponsored by the HEI, on a Tier 4 visa for 12 months. This will give students gaining a PhD a longer period to find work with a Tier 2 employer, set up as an entrepreneur, or to gain practical work experience in their field. Leave will be granted for 12 months from the expected course completion date specified by the HEI. Two further minor changes are being made to Tier 4: • To prevent students from studying at a lower level than that for which they were granted leave, where different requirements or conditions would have applied had the application been for the lower level course. • To clarify the immigration...

7 years concession for under 18

Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the UK Border Agency to carry out its existing functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK. It does not impose any new functions, or override existing functions.The changes to the policy from 9th July 2012, brought a new legislation under Appendix FM of the Immigration Rules. It states the following: Where a person asserts that they have family life with children, the decision maker must ensure that the person can satisfy all of the factors listed at (a) to (e) below: (a) They have a genuine and subsisting parental relationship with a child who is under 18. (b) The child is in the UK. (c) The child either 1. is British; or 2. has lived in the UK for at least 7 years preceding the date of the immigration decision. (d) It would not be reasonable to expect the child to leave the UK. (e) There is no other family member who is able to care for the child in the UK. If you believe your case can benefit from this policy, then please speak to ICS...