Statement of changes, announced 9th March 2023

As the UK Government gets involved in the current political climate of migration and the impact of those coming to the UK illegally, we turn to some of the latest legal changes announced. 

Immigration and nationality changes.

Here are brief outlines of the changes and you can read more details here: 

Innovator Founder visa route

The immigration routes close down the Tier 1 Innovator Visa & Start-Up Visa. The visa will bring about the new changes to remove the requirements of the £50k minimum funding and looks at innovative business models to be opened in the UK.

The route will also permit those under the category to be able to work in the UK. 

The strategy from the UK Government is to consider genuine business ideas and proposals to support in the growth strategy created by the Department of Business, Energy and Industrial Strategy team. 

We will see more guidance on this new improved immigration route for businesses and entrepreneurs. The rules will come into force post 13th April 2023. 

Skilled Worker visa including Global Business Mobility & Scale-up

Salary thresholds are the main changes to this route with the minimum salary changes. The job offer within those immigration programs must be genuine and reflect on the work to be carried out. 

The Home Office will consider refusing an application if it fails to meet some of the legal obligations that the UK Government sets out. 

Furthermore, Australians looking to come and set up their UK business entity under the UK Expansion Visa in the UK, will be exempt from providing the 12 months of employment as part of the UK’s tradedeal. 

Changes to the EU Settlement Scheme (EUSS)

The recent High Court judgement has had impact to the new changes being implemented. There are key notes around those changes:

1.   Durable partner change. The permissibility to allow those who have been in a relationship to meet the threshold can use that as part of their application.

2.   Primary carer of either British citizen or EU citizen child, allowing the granting of leave under the EUSS guidelines.

3.   EUSS cancellation will now attract a right of an appeal. This would apply for those being deported from the UK or any other high risk matters. 

4.   Right to appeal will be generated instead of an administrative review where a person does not meet the eligibility or suitability requirements. 

5.   Administrative review will be cancelled when another application under the EUSS is made. 

Changes to the Youth Mobility Scheme (YMS)

Interesting change being applied. New Zealand’s national can apply for the visa until the ages of 35 years, due to the trade deal. The visa will be granted for 3 years instead of the standard 2 years. 

Global Talent visa

The Home Office have made a number of key changes to this immigration program. The current regime is that endorsing bodies must recognize individuals for the visa and confirm either they are exceptional talent or promise. 

The new change means that endorsing bodies would be required to look at more objective requirements and not base this on qualifications, as this prevents highly talented individuals not able to apply under the Global Talent visa program. 

Appendix ADR immigration visa route

The Home Office have now introduced the ADR rules with the specified evidences under the new passage of the immigration rules.

Consideration under Article 8 European Convention of Human Rights (ECHR) following the Law Commission in its report “Simplifying the Immigration Rules”, to which the Government responded on 25 March 2020. 

Deportation Order changes

Part 13 of the immigration rules will introduce more changes on how this would be implemented and to correct changes to Article 8 ECHR thresholds and reflect on legal changes. 

Immigration changes to the long residency policies

The Home Office following a number of legal challenges, have made several changes. Those holding visit, short-term student and on the seasonal worker routes, cannot count periods as lawful residency.

Returning Resident visa change

A long awaiting change applied. Those entering the UK as a visitor will not lose the right to apply for the returning resident visa. There has been a number of legal challenges against this matter. 

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