Immigration Rule Changes: Overstayers

Following the changes to the family migration routes, the Immigration Rules are being changed from 01 October 2012 to restrict further applications where a migrant has over stayed by more than 28 days.

Currently some categories ‘allow’ further applications where a migrant has overstayed by more than 28 days, which is of particular benefit for those applying under the Points Based System, as well as the following additional categories:

  • all working and student routes;
  • visitors;
  • long residency;
  • discharged HM Forces;
  • UK ancestry routes.

However, from 01 October 2012 this will no longer be possible and those applying after 28 days of overstaying will be refused and will be expected to leave the UK and reapply from abroad. If there are any migrants who have overstayed and are planning to reapply, they should do so ASAP and no later than 27 September 2012.

Tier 1 Post Study Work

The Home Secretary announced the most recent Statement of Changes in the Immigration Rules. That Statement confirmed the Tier 1 Post-Study Work route will close on 06 April 2012. Any applications received by the UK Border Agency before that date will remain valid and will be considered under the Post-Study Work rules.

The Government justified this change by pointing to the difficulties UK national graduates are having when trying to access the labour market, and that any available vacancies should be priorities for them. Perhaps feeling a little guilty about these changes, the Government also introduced a new Tier 1 route for graduate entrepreneurs, commencing on 06 April 2012, and new provisions for graduates who have an offer for a skilled job to switch into Tier 2, also commencing on 06 April 2012.

If you are unsure how these changes will affect you please do not hesitate to contact us.

Tier 4 Sponsors, Highly Trusted Sponsorship Guidance

On 18 July 2011 the UKBA published proposed criteria to become a Highly Trusted Sponsor (HTS) under Tier 4. Following comments on that proposal the UKBA published new guidance covering:

  • Sponsorship, including the date by which sponsors must apply for HTS;
  • What happens to those sponsors who don't apply for HTS, or who fail;
  • Details of the transitional arrangements;
  • Details of the educational oversight of the HTS;
  • Reducing the sponsor ratings to 'A' and 'Highly Trusted'.

Sponsors who need to apply to the Quality Assurance Agency (QAA) and Independent Schools Inspectorate (ISI) must have done so by Friday 9 September 2011 otherwise they can no longer sponsor new students.

Details of the guidance can be found on the UKBA website by clicking here.

Tier 4: Changes

The UKBA amended the Immigration Rules to Tier 4 Students to include the following:

  • restrict work entitlements, by only allowing students sponsored by higher education institutions (HEIs) and publicly funded further education colleges to work part-time during term time and full-time during vacations;
  • restrict sponsorship of dependants to those of students sponsored by HEIs on postgraduate courses lasting 12 months or longer, and of government-sponsored students on courses lasting longer than 6 months;
  • require institutions to confirm that courses represent genuine academic progression from any previous courses studied by the student in the UK; and
  • create a streamlined application process for low-risk nationals sponsored by Highly Trusted sponsors.

The UKBA say:

'These changes are aimed at delivering a strong migration system which tackles immigration abuse while allowing genuine students to study at genuine colleges.'

Which sounds a little like making Tier 4 less attractive and a more difficult for students. Given the abuse of Tier 4 is relatively small it is perhaps aimed at reducing the inflow of migration instead. More when we have it.

Tier 1 (Exceptional talent) is open

The Tier 1 (Exceptional talent) category of the UK's points-based system is open for applications.

The new category is for people who are internationally recognised as world-leading, or potential world-leading, talent in science or the arts. It is not possible to make the application from within the UK, it can only be made from abroad.

Click here for more information on the UKBA website.

Tier 1: Changes

Between 19 July and 30 July 2010, the UK Border Agency are prioritising work to implement the government's new policy on an interim immigration limit. It may have an impact on sponsor licensing and applications. Read More...

Points Based System

If you have been refused permission to enter or stay in the UK under the Points-Based System because you failed to meet a requirement in the policy guidance which is not part of the immigration rules we strongly recommend you contact us, or any other qualified immigration lawyer, to request a review of your case immediately.

Tier 1 & 2: Changes

From 12 October 2010, the UK Border Agency has introduced a new requirement for applications to work in the UK under Tier 1 (General), Tier 1 (Entrepreneur) or any Tier 2 category of the points-based system.

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