Immigration changes post statement of changes - 20th June 2022 - ICS Legal Blog

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Immigration changes post statement of changes – 20th June 2022

Immigration changes

The immigration policies will continue to change throughout the year, as the UK Government is now considering changing part of the Human Rights Act as well as other immigration policies.

Nationality and Borders Act 2022 was announced to bring into a number of key changes and I am sure we will be speaking about this in the coming months.

Here is the key summaries to changes which will apply from tomorrow onwards:

  • High Potential Individual (HPI) route is a key driver to the UK Governments policies to attract the best talent and increase on entrepreneurship. The visa is granted for 2 years and you must have been granted a qualification in the last 5 years from a listed number of universities in the world. Most of the universities targeted are from the US. We know that economies thrive in entrepreneurship, so it’s not surprising about the list. For example, MIT graduates are renowned for their tech start-ups. Its an exciting visa category and is giving people from the best of universities to come and work/start-up in the UK.
  • In terms of the Scale-up route visa, is a contrast to the HPI visa because it is to allow those with offer of skilled work to come and work for a authorised UK scale-up company. The growth of the business must demonstrate 20% for their previous 3 years in terms of turnover or staffing. The business must be able to show they already employ 10 people and would need to evident that in their application. Salary must be above £33,000 with the employment must be skilled to graduate level (RQF 6 and equivalent). Visa is going to be granted for 2 years and further extension permitted for 3 years. The visa will lead to settlement after 5 years, meeting the prescribed requirements and also the ILR requirements at the date of application.

Global Business Mobility Visas

The arrival of the Global Business Mobility route, brings new changes to the way in which new businesses and subsidiary are set up in the UK. The UK Expansion Worker Visa is the replacement of the overseas business visa and looking to set up a branch in the UK.

There are now 5 visa categories which are summarised as follows:

  1. Senior or Specialist Worker is a route for overseas workers to complete temporary work assignments in the UK and must be linked to the employer business overseas.
  2. Graduate Trainee is a similar visa category under the Tier 2 ICT, whereby a person can come into the UK and complete graduate training course and is required to undertake work placement.
  3. UK Expansion Visa as discussed above.
  4. Service Supplier is a new visa option. This can be a private or independent business, fulfilling their assignment for one of the UK’s international trade agreements.
  5. The final visa route is the Secondment Worker, employed overseas and completing a high value contract or investment.

Appendix Settlement Family Life

The new visa provision is to streamline on how a person can acquire ILR following a period of residency in the UK. A number of key changes have been bought in to support the application:

  1. In most cases, you would be able to combine time spent under the private life and family life route to acquire settlement. This would be based on circumstances and eligible routes.
  2. Criminality checks would be done at the date of application.

Appendix Private Life

The new visa route changes applies to children and other private life route changes:

  1. Children who have been on the 5 years private life route visa, may qualify for indefinite leave to remain.
  2. Visas can be granted for initial 5 years where applicable in your circumstances.
  3. Where a child was born in the UK and have lived in the UK for continuously 7 years, can apply for indefinite leave to remain. British nationality is eligible for 10 years.

New Appendix Relationship with Partner

The introduction of the new appendix is to consider relationships at the point of application. The route is to consider about relationship, the intention to live together and that the relationship is genuine and subsisting.

Changes to the administrative review process

There are a number of new legal changes to the way in which a visa refusal can be challenged administratively.

Varied human rights application

The new changes states that any human rights application made and is subsequently changed through a variation application, the Home Office must consider the previous application and its matter of facts.

Indefinite leave to remain as an Innovator

The new changes are being applied for the Innovator visa. Where an applicant does not meet the settlement requirements, they can be granted permission to stay in the UK as long as they meet the requirements of the extension of leave. The fees for the settlement would be retained however the immigration health surcharge would be charged.

Changes to the settlement rules on the Hong Kong BN(O) Route

The policy is being changed to permit those who do not meet the settlement requirements but do for the permission to stay, will be granted leave to remain.

EU Settlement Scheme (EUSS) and EUSS family permit

The application route is still open but on exceptional circumstances. The cut off date is 31st Dec 2020, and an applicant, can still qualify for leave to enter.

Getting our legal advice

ICS Legal can advise and help on your immigration and nationality applications. Call us today on 0207 237 3388.

 

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