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UK Immigration Changes

The Home Office have announced a number of key changes to the current immigration system on the 12th of March 2020 and here is a summary of those changes:

  1. The Permit Free Festivals are a contribution to the UK’s cultural heritage and play an important role towards our diversity. A change has been introduced to allow performers to be paid in the UK. The requirements of the Immigration Rules must be satisfied by an applicant.
  2. EU Settlement Scheme is set out in the current Immigration Rules Hc395 and sets out the requirements for an EEA national and their family members to apply for their leave to remain post 31st December 2020. Due to the current pandemic, this may be extended however no published guidelines have been set out.
  3. Following the Supreme Court judgment in SM (Algeria) concerning the range of extended family members who can reside with an EEA citizen, there has been a change in adoption to the way in which an extended family member can apply. Those holding an EEA residence card in line the Immigration (European Economic Area) Regulations 2016, will be permitted to make an application under the EEA Settlement Scheme.
  4. British Nationals who are returning to the UK with their non-EEA national family members, known as the Surinder Singh’ cases, must ensure they satisfy the requirements by 31st Dec 2020, which are in line with Regulation 9 of the 2016 Regulations.
  5. The Court of Justice of the European Union judgment in McCarthy found that a person who holds the nationality of the host Member State (regardless of whether or not they hold dual nationality with another EEA Member State) and has never exercised
    their right of free movement does not benefit, and nor do their family members, from rights of residence under the Free Movement Directive.
  6. A new change to the administrative policy, allowing new evidences to be submitted with an application. Further to this, Part 9 of the Immigration Rules, a visa granted under the new EEA Settlement Scheme, can be also cancelled. Rights under the AR may be granted.
  7. Under the EEA Settlement Scheme, a person granted leave under the provisions, can be allowed to be outside of the UK up to 5 years and changes to the returning residency policy will be made.

Now in reference to the Global Talent Visa, which is a replacement to the Tier 1 Exceptional Talent visa. The category permits talented and promising individuals to come to the UK. Specialism under the science, digital technology, arts & culture are able to come to the UK but the requirements are set out in high standards. The introduction of Appendix W of the Immigration Rules sets out the new requirements, that would need to be met by an Applicant when he/she intends to apply. It does not require a sponsor nor an endorsing agency.

Further to this, there are also changes to the Tier 2 General and applications made for either extensions or indefinite leave to remain under the Immigration Rules.

If you wish to discuss the changes, or would like to understand how those changes impacts your applications or stay in the UK, you can contact us on 0207 237 3388 or email us your enquiry to info@icslegal.com.

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