November sees introduction of new immigration rules

Rahul Batra of Hudson McKenzie details the changes.

The written ministerial statement laid in the House of Commons on 16 October 2014 by James Brokenshire, Minister of State for Immigration and Security, and in the House of Lords by Lord Bates, outlined a number of changes to the UK Immigration Rules.

Tier 1 (Investor) Category – Investors must now invest more

As of 6 November 2014, the minimum investment threshold has been raised to £2m. However, any successful investor visa applicants that applied before that date are covered by the current £1m investment rules. New investors can no longer allocate 25% of their investment into UK assets. The entire £2m will need to be invested in UK trading companies, or UK government bonds (previously 75%). The loan option has also been removed and topping up of investments accounts are no longer required if the invested amount falls below the required level. However, if investments are sold, they will need to be replaced within the same reporting period. Yet another change is that entry clearance officers are being empowered to refuse investors if they have reasonable grounds to believe the funds were obtained unlawfully, or if they have concerns about the character and conduct of the party ‘providing the funds’ – this could extend to those gifting the funds to the investor.

Tier 1 (Entrepreneur) Category – Evidence of funds

Any applicants wishing to make a Tier 1 (Entrepreneur) application from within the UK must now be able to demonstrate that the necessary funds are held within the UK. Individuals applying for indefinite leave to remain (ILR) who did not previously provide such proof will need to evidence that the funds were invested in a UK business.

Tier 2 Category

Genuine vacancy
As of 6 November 2014, the Home Office can refuse a Tier 2 application if it reasonably believes a genuine vacancy does not exist. Officers will scrutinise the job description to ensure it has not been ‘exaggerated to meet the Tier 2 skills threshold, tailored to exclude resident workers from being recruited, or that the applicant is not qualified to do the job’. Although the points-based system was meant to exclude any subjectivity, this change clearly digresses from the intent of the Home Office at that time.

Migrants working at client sites
The Home Office will now look at Tier 2 applications more closely where the certificate of sponsorship states that a Tier 2 migrant will be working at a client site. This is to ensure that migrants are not undertaking an ongoing routine role. The Home Office may ask employers to show client contracts, which indicate that the work is project based.

Out-of-time extension applications
Tier 2 (General) extension applications will now be accepted out of time, however they must be submitted no more than 28 days after the expiry date of the previous visa. It has also been clarified that employers would not be required to carry out a resident labour market test, in spite of the fact that their previous leave has expired.

Tier 4 Category

The Home Office now allows any Tier 4 (General) applicants who have had their leave to remain refused to submit an administrative review (AR) application. The AR option will initially be rolled out for Tier 4 (General) applications, however there are plans to extend it to further categories in the future. The Home Office aims to decide an AR application within 28 calendar days from submission. It is to be noted that the AR process for entry clearance applications will still continue to apply to all points-based system applications submitted outside the UK.

Tier 5 Youth Mobility Scheme – Increase in annual allocations

From 1 January 2015, New Zealand would benefit from an increase in its allocation to 11,000 places.

Visit Visas

Business visit visa
Foreign lawyers coming to the UK as business visitors can now advise clients, provide advocacy for court hearings, and carry out arbitration and dispute resolution for legal proceedings in the UK, provided that they continue to be employed and paid overseas by an international law firm with offices in the UK. This will effectively ease the burden on UK law firms to obtain work permission for such overseas lawyers.

Private medical treatment visit visa
The new rules stipulate that private medical visitors will be able to apply for an initial visa for up to 11 months, where they require treatment for that duration. They would also be able to extend their stay for up to a further six months if there is an ‘ongoing need’.

Domestic worker visa
Entry clearance officers worldwide have been empowered to refuse entry to overseas domestic workers who will be accompanying their employers to the UK, where they have a suspicion that they are effectively living in the UK through frequent and successive visits.

English language requirement
From 6 November 2014, the Home Office has been empowered to disregard English language test results submitted as part of an ILR application if they are not satisfied that the knowledge of language and life in the UK requirement has been met after the applicant has attended an interview, and may even require them to retake the relevant test.

Transit without visa
From 1 December 2014, the Home Office will allow visa nationals to transit landside through the UK, provided they hold a valid exemption document.

Invalid visa applications
From 6 November 2014, visa applicants have been given an opportunity to remedy errors or omissions in their applications that would otherwise render these invalid.