British Lawyer

05 November 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber) >>> Q&A for EU Settlement Scheme applications made from outside the UK From the UK BA: Q: If an EEA/Swiss national is granted leave to enter under the scheme, is there any requirement for them to physically enter the UK within a certain time-frame following grant? A: There are no additional requirements for a EEA citizen to enter the UK following a grant of status, other than those set out within AxEU; Where an applicant is granted settled status (indefinite leave to enter or remain under Appendix EU), their status will lapse when they have been absent from the UK and Islands for a period of more than 5 consecutive years (or of more than 4 consecutive years in the case of Swiss citizens and their family members). There are exceptions for those overseas on Crown service and those accompanying them. Where an applicant is granted pre-settled status (limited leave to enter or remain under Appendix EU), their status will generally lapse when they have been absent from the UK and Islands for a period of more than 2 consecutive years. There are exceptions for those overseas on Crown service and those accompanying them. Q: If a non-EEA family member is granted leave to enter under the scheme, will they receive an entry clearance vignette in their passport? If so, will the vignette be a 30-day vignette and will they be required to enter the UK within that time-frame? A: We provide all successful applicants to the EU Settlement Scheme with a written notification setting out their immigration status. A non-EEA citizen will get a physical document if they do not already have a biometric residence card. All other applicants will have their status in secure digital form. Q: If there is no requirement for a person to physically enter the UK after they have been granted leave to enter under the scheme, will the person’s leave lapse if they do not enter the UK for the relevant period (five, four or two years) from the date the leave is granted, or from the date they last left the UK? A: As in our response to the first question, there is a requirement for a person to physically enter the UK within timeframe dependant of the status they were granted, if they don’t wish for the status to lapse. The leave will be calculated from the time the person left the UK, unless this precedes the grant date. Q: Appendix EU (Family Permit), para FP6(2) provides for an EU Settlement Scheme Travel Permit to be issued to a third country family member, but this is (amongst other things) only where a document previously issued to them has been lost/stolen and this has been reported to the Home Office. Is it necessary for additional Rules to be included to provide for a non-EEA/Swiss family member to be issued with a Travel Permit in a broader range of circumstances (eg where they have been granted status under EUSS following an application made from outside the UK, and do not have a valid document they could use for entry purposes)? The main concern of course is for visa nationals who may have difficulties boarding transport to the UK without a physical document confirming their valid leave under EUSS.) A: A non-EEA national is currently only able to apply from overseas to the EUSS where they have previously been documented under the EEA regulations (otherwise they need to get an EEA or EUSS Family Permit to enter). They will be able to rely on their document under the EEA regulations until the end of the grace period after which they will need to get an EUSS family permit if they wish to join or accompany an EEA national family member to the UK. 06 November 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber)>>> Changes to EU Settlement Scheme affect deadlines and family reunionPART 1Appendix EU and Appendix EU (Family Permit), which contain the rules for the EU Settlement Scheme, have received their latest revamp in the recent statement of changes (HC 813) to the Immigration Rules. The explanatory memo says that the changes “mainly reflect the end of the transition period” between the EU and the UK at 11pm on 31 December 2020.Although the changes are necessary for the ending of the transition period, they also cater for the grace period which lasts from 1 January 2021 to 30 June 2021, and beyond. So some of the changes relate to Settlement Scheme applications made after 1 July 2021.All the changes, with the exception of those relating to the general grounds for refusal, come into effect at 11pm on 31 December 2020. This piece covers the changes relevant to EU, EEA and Swiss citizens and does not cover Surinder Singh cases as these have different qualifying conditions.Application deadlineBy the time the grace period ends on 30 June 2021, all eligible applicants – with some exceptions covered below – are supposed to have applied to the EU Settlement Scheme. Failure to make an application by the deadline will result in the person becoming unlawfully resident in the UK (some will already be unlawfully resident). There is already significant concern about how many people will miss the deadline because they are unaware of the need to apply, or for another valid reason that has prevented them from applying.General rule on late applications The Brexit Withdrawal Agreement requires the UK to accept late applications where there are “reasonable grounds” for the deadline being missed. The Home Office was therefore obliged to insert a clause into Appendix EU to facilitate this.You can see this in the new “required date” definition in Annex 1. This tells people the date that they need to apply by – not always 30 June, as discussed below – and contains a standard clause for the Home Office to accept an application after the stipulated deadline. The standard late application clause wording says:"where the Secretary of State is satisfied that there are reasonable grounds for the person’s failure to meet the deadline [applications will still be accepted] before the end of such further period of time for the person to make an application under this Appendix as the Secretary of State considers reasonable and notifies to the person in writing".So this is a two-part test:- are there reasonable grounds for missing the deadline?- has the application been made within a reasonable period from the deadline date?Understanding how these tests will work in real life would be assisted by having a published policy. The Home Office says that there will be one “in due course” and has given a few examples of what will be in itm, yet in the meantime one needs to remain cautious about how late application requests will pan out.The deadline is not 30 June for everyoneThe usual deadline is 30 June 2021, so most people who miss that deadline will need to rely on the exception outlined in the last section. However, there are other deadlines for some categories. These are:- Pre-settled status holders have until the end of their grant of limited leave to remain to apply for settled status (though they can apply as soon as they have five years’ continuous UK residence).- For family members coming to join their sponsor in the UK holding an Appendix EU Family Permit, they have three months to apply if arriving after 1 April 2021.- For a qualifying family member who holds leave to remain under another part of the Rules or outside of them, they must apply before end of that leave – even if this is after 30 June 2021.- For a person exempt from immigration control, they have 90 days from the date they cease to be exempt to make an application (effectively deemed leave).- Surinder Singh families where the relationship existed before 31 January 2020 (unless a child), have until 29 March 2022 to move back to the UK and apply.The “required date” definition confirms that paragraph 39E of the Rules, which normally applies to out-of-time immigration applications, does not apply to Appendix EU. If paragraph 39E did apply, only 14 days would be allowed for late applications.Sponsoring family membersThe statement of changes also gives effect to some of the rights that the Withdrawal Agreement gives to family members of EEA citizens.Some of these family reunion rights are already up and running under Appendix EU (Family Permit). But up until now it has only needed to cater for non-EEA family members who require permission to join their sponsoring family member in the UK. During the transition period there has been no need to have family reunion rights for EEA family members — they could simply travel to the UK under free movement law and apply to the Settlement Scheme in their own right.From 1 January 2021, EEA citizens who have no previous UK residence to rely on – or who have had a previous UK residence that has been broken by an extended absence – will need to be sponsored by their EEA family member in the UK. It will be possible to sponsor someone under the Settlement Scheme rules so long as the family relationship existed by the time the transition period ends, or if they are a child born or adopted at any point in the future.The types of family relationships that can be sponsored are straightforward enough. But the situation gets a touch confusing when trying to figure out which application route needs to be followed: there are options available under by Appendix EU and Appendix EU (Family Permit). Some family members have to apply from overseas, whereas others can apply in the UK.To figure out which application route is available for the family member in question, one needs to look to the newly inserted paragraphs EU2A, EU3A, EU11A and EU14A. There are also new concepts in Annex 1: “relevant sponsor” , “joining family member of a relevant sponsor” and a second definition of “relevant EEA citizen”. This last concept now has two definitions depending on whether the application is made in the grace period or from 1 July 2021.The purpose of having two definitions for an EEA citizen is so that, during the grace period, the sponsoring EEA citizen does not have to have their own settled or pre-settled already in place to sponsor a family member, as long as they can show that they would be granted it were they to apply. It’s still easier for the sponsoring EEA citizen to have settled or pre-settled status before the family member applies, but it is not obligatory. From 1 July 2021, this will not be the case: only those EEA citizens with settled or pre-settled status will be able to sponsor their family members under the Settlement Scheme. PART 2There are, roughly speaking, three possible routes for family members.1. Existing residentsFamily members who were already resident in the UK before the end of the transition period can continue to apply under Appendix EU in the way that they would do today. They will continue to meet the definition of a “family member of a relevant EEA citizen” and, importantly, do not need immigration status to apply. Their applications must be made by 30 June 2021.2. EEA citizens applying after the grace periodFamily members without UK residence before the end of the transition period, or whose continuous residence has been broken, fall under a new definition: “joining family member of a relevant sponsor”. This applies to both EEA citizens and third country nationals. Family members who meet this definition can apply for pre-settled status or settled status outside of the UK using the overseas application process. Paragraphs EU11A and EU14A say that applications made in the UK are only an option if the applicant is not in the UK on a visit visa. This is obviously designed to close off the temptation for EEA family members to enter through passport eGates and then apply.This means in most cases, the “joining family member of a relevant sponsor” will be applying outside the UK. At this point EEA citizens have an advantage: in most cases, they will be able to use the “required application process” — the settled status app, in other words — to apply from overseas.3. Non-EEA citizens applying after the grace periodFamily members who are not EEA citizens can normally only use the app if they already have a biometric residence card issued under the EEA Regulations. If not, they will first need to apply for a family permit and then apply for pre-settled status under Appendix EU within three months of arrival (if arriving after 1 April 2021). Dependency no longer assumedThere is a significant change for dependent parents. From 1 July 2021, such people must provide evidence of their dependency on their sponsor. The explanatory statement confirms:"To provide that, consistent with the Agreements, in an application to the EUSS made from 1 July 2021, the dependency of a parent or grandparent on the resident EEA or Swiss citizen will not be assumed but will need to be evidenced."Currently, any family member seeking to join as a dependent parent does not need to provide any evidence of their dependency on the sponsor. The applicant still has to declare that they are dependent, but unusually for the Home Office they are not asked for proof.There is some indication of the level of dependency will be required set out in the definition of “dependent parent”:"Having regard to their financial and social conditions, or health, the applicant cannot, or (as the case may be) for the relevant period could not, meet their essential living needs (in whole or in part) without the financial or other material support [from the sponsor]."In line with EU case law, the reason that the parent has become dependent should not be investigated. All the same, this significant change could well mean a surge of applications from parents during the grace period to take advantage of the lower / non-existent evidential burden relating to dependency.General grounds for refusalCurrently, it takes a serious amount of dedication to establish which of the general grounds for refusal in part 9 of the Immigration Rules applies to Settlement Scheme applications. So it is welcome that the general grounds for refusal that are relevant have been brought both Appendix EU and Appendix EU (Family Permit) in a new Annex 3 to each one.The powers in Annex 3 relate to the cancellation, curtailment and revocation of leave to remain or enter. Which power is used will depend on the circumstances. To summarise, the situations where the Home Office may take action are where:- The decision is justified on grounds of public policy, public security or public health in accordance with regulation 27 of the EEA Regulations 2016.- The decision is justified on the ground that it is conducive to the public good for conduct after 31 December 2020.- The decision is justified where the applicant – with or without their knowledge – provided false or misleading information, representations or documents were submitted and the reliance on this was material to the outcome of the application.- The person ceases to meet the requirements of Appendix EU.- There has been a change in circumstances that is, or would have been, relevant to that person’s eligibility for that entry clearance.- The person has entered, attempted to enter or assisted another person to enter or to attempt to enter, a marriage, civil partnership or durable partnership of convenience after 31 December 2020.- Indefinite leave to enter or remain can be revoked where the person is liable to deportation, but cannot be deported for legal reasons.- Indefinite leave to enter or remain was obtained by deception.All of these grounds are discretionary and are distinct from the suitability grounds of refusal. These changes come into effect on 1 December 2020.“Smooth, transparent and simple”?Article 18(1)(e) of the Withdrawal Agreement says:"the host State shall ensure that any administrative procedures for applications are smooth, transparent and simple, and that any unnecessary administrative burdens are avoided."As we approach the end of the transition period, the EU Settlement Scheme is getting more complex rather than less. Trying to negotiate the Appendices is difficult and overall we seem to be failing the transparent and simple test.The family reunion rights in the Withdrawal Agreements are also guaranteed and are supposed to be straightforward. Instead we have three possible application routes, depending on the nationality of the family members and whether they have been resident in the UK before. One of these routes involves the family member having to make three separate applications to confirm their right to reside permanently (family permit, then pre-settled status, then settled status). Applicants are going to makes mistakes choosing the right process and refusals will happen; they might not be permanent refusals, but it will still be highly distressing for the families trying to exercise their right to reunite with each other.In addition, despite the consequences of missing the deadline being so serious, we still do not know the detailed policy on late applications. The reasonable excuse examples given by the Home Office so far, whilst very important, may not cover the main reasons why eligible citizens will fail to apply: that they do not know that the Settlement Scheme exists or erroneously believe they are not required to apply.

Приветствую Вас. Не во все категории папок на сайте Sopra Steria нужно загружать документы. Они так "на все случаи жизни по всем возможным заявлениям".

Просто у некоторых других иммигрантов могут быть другие документы, не такие, как у Вас. Жители колоний и т.п., например.

04 November 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber) >>> Coronavirus and the UK immigration system General policy (UPDATED 2 November) People requesting exceptional indemnity/assurance need to fill in an online form to explain why they can’t leave by 30 November. The guidance also allows people to apply for further leave to remain in the UK even “where you would usually need to apply for a visa from your home country” — provided that the application is “urgent”. Biometrics (UPDATED 2 November) For a while, the Home Office stopped insisting that applicants provide a fresh set of fingerprints every time they extend their permission to stay in the UK. This concession is now limited to student visa holders. If previous fingerprints can be reused, student applicants can send in a photo along with supporting documents. Where applicable, “this will mean you do not have to attend a UKVCAS or an SSC service point appointment to provide biometric information”. On 3 September the Home Office published guidance on this and other changes to biometrics because of the pandemic. Remote hearings (UPDATED 2 November) Other appeals are being heard remotely. The Senior President of Tribunals issued an emergency practice direction on 19 March which says: "Where it is reasonably practicable and in accordance with the overriding objective to hear the case remotely (that is in any way that is not face-to-face, but which complies with the definition of ‘hearing’ in the relevant Chamber’s procedure rules), it should be heard remotely." >>> Immigration judge savaged by Upper Tribunal for apparent copy-and-paste judgment The vice-president of the Upper Tribunal has laid into a more junior immigration judge for a judgment so bad it amounted to a “failure of the judicial process”. Vice-president Ockelton said that the judgment in question, which was littered with errors and irrelevant material apparently copy and pasted from previous judgments, was “seriously defective” and showed “serious confusion”. The case concerned a Cameroonian woman seeking asylum in the UK. Her appeal was refused by an immigration judge named in the determination as S.T. Fox in February 2020. In a judgment dated 26 October 2020, Ockelton overturned the First-tier Tribunal decision without even the need for a hearing, sending the case back for a fresh hearing at the lower tribunal.

Раньше под каждой анкетой писалось, когда сохраняете. Началось примерно 3 недели назад. Я связался с Home Office и попросил вернуть как было раньше.

Приветствую. 1. Да. 2. То же, что и п.1 :-) 3. Нет. Паспорт(а) и P60, wage slips, например.

Из сегодняшнего. Порадовал Home Office, положительно рассмотрев заявление клиентки по легализации всего за 3 недели с даты подачи online заявления.

02 November 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber) >>> The UK’s points-based immigration system: information for EU citizens: https://www.gov.uk/guidance/the-uks-points-based-immigration-system-information-for-eu-citizens?utm_source=f3b2ab1e-9f55-42e8-8885-ba371ad8d172&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily Irish citizens’ status will continue to be protected as part of Common Travel Area arrangements and therefore will not require permission to come to the UK, except in a very limited number of circumstances, and will not be eligible to apply under the new points-based immigration system. >>> EEA nationals qualified persons: https://www.gov.uk/government/publications/european-economic-area-nationals-qualified-persons?utm_source=648fb9ce-3247-4a62-ba91-fdcd1716dd60&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily This guidance document has been updated to reflect the changes introduced by the Upper Tribunal determination in KH v Bury Metropolitan Borough Council and Secretary of State for Work and Pensions (HB): [2020] UKUT 50 (AAC) which removed the requirement for EEA nationals, who have previously worked in the UK, and who subsequently become unemployed or cease activity, to provide evidence of a genuine chance of being employed in order to be recognised as a qualified person. Please see page 24 of the guidance. >>> Living in the UK: applying from overseas Guidance: https://www.gov.uk/guidance/living-in-the-uk-applying-from-overseas?utm_source=fc6a164f-2c34-4706-8b21-bb0ff0194f7e&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily Added guidance for Biometric Residence Permits (BRP) expiring on 31 December 2024: “You do not need to tell UKVI if your BRP expires on 31 December 2024 but you have leave to stay longer. UKVI will update their information on how to update your BRP in early 2024. You do not need to do anything and your immigration status will not be affected.” NB: The same information has been updated for “Living in the UK: applying from within the UK”: https://www.gov.uk/guidance/living-in-the-uk-applying-from-within-the-uk?utm_source=15dc9932-a179-4296-92c4-904c5a5101a2&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

28 October 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber) >>> Further analysis of the new Points-Based Immigration System - the UK working visa routes PART 1 The new system, which will go live from 1 December 2020, represents one of the biggest overhauls of sponsored migration since the current Points Based System was created over 12 years ago. With the ending of free movement for EEA nationals on 31 December 2020, the Points-Based Immigration System will be the only option for foreign nationals wanting to work in the UK. The visa requirements will therefore have a massive impact in shaping the UK’s labour market for years to come. Say Good-bye to Tier 2 (General) visa and welcome the Skilled Worker visa The headline news is the rebrand of the Tier 2 (General) visa into the ‘Skilled Worker route’. As with the recent changes to the student route, the fundamentals of the visa remain largely the same. There are, however, some potentially beneficial changes which will make the system more workable for businesses and employees. The first point to note is that this still remains a sponsorship visa. A potential Skilled Worker must still have a job offer which reaches certain skill and salary thresholds from an employer who holds a skilled worker sponsor licence. As the visa does not allow the holder to work for whomever they choose, it is vastly more restrictive than the free movement rights EEA nationals currently enjoy. The rules for the Skilled Worker route are in a new Appendix Skilled Worker. They are split into validity, suitability, eligibility, financial and criminal record requirements. Validity Applicants will still need to provide a certificate of sponsorship which is less than three months old and pay the Immigration Health Surcharge. One new feature is that EEA applicants applying from outside the UK will be able to apply for the visa using a mobile phone application (App). The applicant will also need to be 18 years of age rather than the current limit of 16. The major changes relate to switching. Under paragraph SW1.5 it will be possible to switch into the Skilled Worker route from inside the UK for all visa holders except those who are in the UK as: (a) as a Visitor; or (b) as a Short-term student; or (c) as a Parent of a Child Student; or (d) as a Seasonal Worker; or (e) as a Domestic Worker in a Private Household; or (f) outside the Immigration Rules This is a significant and welcome development. And Yes, the Tier 5 migrants will be able to switch into the Skilled Worker route without leaving the UK. This is one of a number of sensible alterations that will make the Skilled Worker visa much more user-friendly compared with the Tier 2(General) category. Suitability Applications will be subject to the grounds of refusal under Part 9 of the Rules, which have been made more difficult— particularly on criminality grounds. If applying for ‘permission to stay’ (as one now calls the ‘leave to remain’) the applicant must not be in breach of the immigration laws (subject to paragraph 39E) or on immigration bail. Eligibility Finally one has a points based element within a points based immigration system! For years the UK Points Based System has been points based in the name only: a Tier 2 visa application is made up of mandatory criteria that an applicant has to meet with, little variation allowed. The Skilled Worker route has more flexibility. It allows people with different qualifications, salaries and skills to obtain visas. Mandatory points – 50 First off an applicant needs to have 50 mandatory points from the following; Sponsorship – 20 points In simple terms: the applicant needs a job offer. That is, the applicant must have a valid certificate of sponsorship from an authorised sponsor who has paid the Immigration Skills Charge. There will be no need to meet the Resident Labour Market Test (the advertising process that the Home Office required employers to complete to show that there were no other settled workers who could do the job). This is a welcoming news to the businesses. This has, though, left some uncertainty as to how the Home Office would assess whether a job is “genuine”. Paragraph SW 5.5 gives a clue. This states that the decision-maker must not have “reasonable grounds to believe” that the job the applicant is being sponsored to do; - Does not exist - Is a sham; or - Has been created mainly so the applicant can apply for entry clearance or permission to stay Well, that is quite ambigous. What is unclear is how and when this will be assessed. One does not know if the evidence will need to be submitted as part of the visa application or if this is something that the Home Office will simply check on during an audit of the employer or via a certificate of sponsorship allocation process (as happens now with Tier 2). Paragraph SW5.1(b) does indicate that certificates of sponsorship will be allocated for entry clearance under the new system but one is not sure what degree of rigour this process will involve. Home Office guidance should reveal more but the one might end up missing the hectic days of the Resident Labour Market Test. Job at appropriate skill level – 20 points To sponsor a Skilled Worker visa application, the employer must match the role to a standard occupational code (SOC). From 1 December 2020, the standard occupational codes for the Skilled Worker route will be contained in Appendix Skilled Occupations. The minimum skill level will drop from RQF level 6 (degree level) to RQF level 3 (school leaver level), broadening out the range of roles which can be sponsored for a visa. Paragraphs SW 6.2 and 6.3 give the Home Office some power to refuse an application if the wrong choice of code is made. Again it is unclear for now when this assessment will take place, whether during the application process or as a spot check. Either way, the new system will certainly have its pitfalls and potential for refusals. How energetically the Home Office will exercise these powers remains to be seen. English language skills at level B1 – 20 points Tradeable points – 20 The applicant then needs 20 points related to their salary, for a total of 70. There are various ways to earn these final 20 points, which is why they are referred to as “tradeable”. The table below (adapted from Appendix Skilled Worker) shows the different ways in which they can be earned. - A - The applicant’s salary equals or exceeds both £25,600 and the ‘going rate’ for the job’sSOC code - 20 points - B - The applicant has a PHD in a subject relevant to the job (the sponsor must provide a “credible explanation” as to how it is relevant) and their salary equals or exceeds both £23,040 and 90% of the going rate for the SOC code - 20 points - C - The applicant has a PHD in STEM subject relevant to the job and the applicant’s salary equals or exceeds both £20,480 and 80% of the going rate for the SOC code - 20 points - D - The job is in a shortage occupation and the applicant’s salary equals or exceeds both £20,480 per year and 80% of the going rate for SOC code - 20 points - E - The applicant is a new entrant to the labour market and their salary equals or exceeds both £20,480 per year and 70% of the going rate for SOC code - 20 points - F - The job is in a listed health or education occupation and the applicant’s salary equals or exceeds both £20,480 per year and the going rate for SOC code - 20 points The government has indicated that it may amend the tradeable points criteria to benefit industries or sectors that are struggling to source labour. The hope is that the system can be much more responsive to market conditions. PART 2 Who is a ‘new entrant’? The new entrant salary levels are designed to give younger people or those at the start of their career a helping hand. As it is assumed their pay will be lower than for experienced workers, the minimum salary needed for the visa is reduced. The Skilled Worker route has widened the criteria for the new entrant rate to: - Those under the age of 26 at date of application - Those applying for a postdoctoral position in certain science roles - Those whose job offer is for a UK regulated profession and the applicant is working towards one of those professions - Applicants who are working towards full registration or chartered status with the relevant professional body for the job they are being sponsored for - Applicants who last had leave at a Tier 1 (Graduate Entrepreneur) - Applicants who last had leave as a student which expired up to two years before application and completed a Bachelor, Masters, PGCE or PHD in the UK The new rules also enable a new entrant to be granted up to four years’ permission to stay in the UK (previously the maximum was three years and one month). What counts as salary? In a departure from Tier 2, under the Skilled Worker route employment cash allowances, for example for accommodation, can’t be counted towards the salary threshold. There are transitional measures in place for people already in the UK on a Tier 2 (General) visa to allow them to rely on allowances up until 1 December 2026. Finances The traditional ‘maintenance’ requirement is carried through to the Skilled Worker route. Applicants must have held funds equalling £1,270 for 28 days as at the date of application. This can also be met by the employer certifying it on the certificate of sponsorship. If the applicant has held permission to stay in the UK for more than 12 months then they do not have to meet this requirement — a further relaxation in the rules. Criminal records Due to the expansion in the types of job that can be sponsored under the Skilled Worker route, there are more SOC codes that require an applicant to complete a criminal records check. This needs to be completed for each country where they have spent more than 12 months in the past ten years before they apply. Paragraph SW 16.1 has the full details. Period of grant Another major shift from Tier 2 is the fact that there is now no limit on the amount of time a Skilled Worker visa holder can spend in the UK. A Tier 2 (General) worker was only able to spend a maximum of six years in the UK. Now applicants can be granted permission up to a maximum of five years at a time, with unlimited extensions. In addition, the cooling-off period has been removed. This rule prevented people applying for another Tier 2 visa until 12 months had elapsed since they left the UK or moved onto another visa. All this will provide some relief for sponsored workers who travel frequently. Previously they have been unable to extend their visa or apply for indefinite leave to remain due to the strict absence criteria they had to meet to show they had been continually resident in the UK. A Skilled Worker visa holder will be able to spend as much time as they want abroad without jeopardising their ability to remain in the UK long term. Settlement An applicant will still be required to be employed by the sponsor for the ‘foreseeable future’ to be granted the Indefinite Leave to Remain (ILR) . Happily, though, the minimum income threshold for ILR has been reduced from its current level of £35,800. There is instead a general provision that an applicant must be earning at least £25,600, and the going rate for the job, when they come to apply for ILR. If they are working in a shortage occupation they will need to be paid above £20,480 and the going rate for the job. The Intra-Company Transfer (ICT) routes There has been a modest revamp for what are now known as the Intra-Company Transfer route and the Intra Company Graduate Trainee route. The new rules are contained within Appendix Intra Company Routes and are largely in line with the ICT visa process that exists at the moment. The main points are: - The Intra-Company routes will have the same flexibility as the Skilled Worker route in terms of switching from other visa categories from within the UK. - The eligibility requirements are in line with the present system, in that an applicant will need a certificate of sponsorship from a sponsor. They will still need to show they have previous overseas employment within the ‘sponsor group’ for at least 12 months unless they are a high earner with a salary of £73,900. In this case there is no minimum amount of employment required. A graduate trainee will only need to show three months of employment. - This overseas employment can be accumulated over any period provided the applicant is continuously working for the group both in and out of the UK from the start of the 12 months to the date of application. - The job needs to be at the appropriate skill level; the specific SOC codes which are eligible for the ICT routes are marked in Appendix Skilled Occupations. The minimum skill level is remaining at RQF level 6 for this visa. - The salary thresholds for the visa route have remained the same, so that the minimum is £41,500 for ICT and £23,000 for Intra Company Graduate Trainee. - The ICT routes also feature the same new financial requirement as the Skilled Worker visa. The key difference between this set-up and the current Tier 2 (Intra-Company Transfer) route is in the length of visa on offer. If the applicant is a “high earner” — i.e. their salary is above £73,900 — then they can get cumulative periods of permission in the ICT route of up to nine years in any ten-year period. If the applicant is not a high earner, they can stay in the ICT route for no more than five years in any six-year period. Plus, ICT visa holders will be able to switch into the Skilled Worker route once in the UK. As the ICT route still does not lead to settlement, this will allow an applicant to move onto a visa which will allow them to remain permanently in the UK. Global Talent The rules for this route will now be in Appendix Global Talent. There have been some amendments to this route to allow talented individuals who are more advanced in their career to apply as an “emerging leader” in their career. Previously this was limited to those who have “exceptional talent” or ‘exceptional promise’. There will also be an extension to the types of academic and research roles that qualify for the visa. Turkish workers and businesspersons A new Appendix ECAA Extension of Stay aims to enable Turkish workers, businesspersons and their existing family members to apply for ILR on the broadly the same criteria as now, with the exception that UK rather than EU deportation thresholds will apply for crimes committed after the end of the transition period. Other work categories Life will continue pretty much as normal for the categories listed below, albeit that the rules are all moving into shiny new appendices. - Tier 2 (Minister of Religion) - Tier 2 (Sportsperson) - UK Ancestry (note there does not seem to be provision for people to switch into UK Ancestry from inside the UK) - The Tier 5 Temporary Worker routes for seasonal workers, youth mobility, religious workers, charity workers, creative and sporting workers, and those coming to work in the UK under international agreements or government authorised exchange schemes - Start-up - Innovator This statement of changes is in many ways a positive step forward. The government is eliminating a number of annoying and pointless rules which have needlessly restricted sponsored migration. It will certainly make the system simpler, and the jobs that can be sponsored are broader and more inclusive. The system also has sufficient flex that it can be quickly adapted to support industries which are finding it difficult to fill vacancies. But the new Points-Based Immigration System is an inferior and costly replacement for EU free movement. Employers and workers are going to have to shoulder the high costs of sponsorship and get used to a system that requires a lengthy visa process to be completed before someone can begin work. What impact this will have on the UK economy and labour market is, as the government says itself, uncertain. The one is all about to take a giant leap into the unknown.

>>> The new SET and AN forms errors Please be aware that there is an error in some Home Office online applications relating to the English language requirements. The forms AN and SET LR are affected. The error is that the form incorrectly states that GCSEs, A levels and Scottish National Qualifications can be relied on as evidence of satisfying the English language requirements. The Home Office are aware of the problem and have stated that they are in the process of amending the relevant forms.

Вам нужно пойти по другой опции (не методом сканирования) получения Settled Status. Я здесь для детально обсуждения: https://legalcentre.org/Konsultacija-s-Advokatom.html

Хорошее начала дня: Одобрены заявления клиентов по категориям: - FLRM (продление визы супруга британской гражданки; клиент из России) - SETM (получено ПМЖ (ILR) для жены британского гражданина; клиентка из Украины) - SETLR (получено ПМЖ(ILR) на основании долгого пребывания в Великобритании; клиент из Белоруссии) Заявления рассмотрели относительно быстро.

Недавно одна клиентка Legal Centre из Украины получила ПМЖ(ILR) как вдова британского гражданина. Клиента приехала в Великобританию некоторое время тому назад. К сожалению, ее британский муж скончался. Подали заявление на ПМЖ (ILR) на основании смерти супруга (SETO - Bereaved Partner). Заявление положительно рассмотрели за несколько недель.

27 October 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber) >>> Court of Appeal U-turn on ten-year lawful residence gaps: https://www.bailii.org/ew/cases/EWCA/Civ/2020/1357.html In Hoque & Ors v SSHD [2020] EWCA Civ 1357 the Court of Appeal addressed the issue of gaps in lawful residence in ten-year long residence applications. It found that the previous authority of R (Masum Ahmed) v SSHD [2019] EWCA Civ 1070 – which held that any applicant who had overstayed for any period of time in between visas would be ineligible to apply for indefinite leave to remain after ten years of otherwise lawful residence – was incorrectly decided. In the course of making its decision, both the Secretary of State and the Immigration Rules in general come in for some pretty robust criticism. How did we get here? To get indefinite leave to remain (ILR) on the basis of long residence, the applicant must show that they have spent ten years continuously and lawfully resident in the UK. The relevant rule is 276B: "276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that: (i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom. … (v) the applicant must not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded. Any previous period of overstaying between periods of leave will also be disregarded where – (a) the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or (b) the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied." If, at some stage during the ten year period, the applicant had overstayed their visa by a short period of time before making a further (successful) application, the general view (and practice) was that this period of overstaying could be disregarded by virtue of paragraph 276B(v). That was until the Court of Appeal’s decision in Masum Ahmed. The "two Ahmeds" In Masum Ahmed (not to be confused with the related case of Junied Ahmed v SSHD [2019] UKUT 10 (IAC)), it was held that each of the limbs of 276B stood alone: 276B(v) could not be used to cure any previous overstaying in between periods of leave. This meant that an applicant who had overstayed their visa by a single day during an otherwise continuous and lawful ten-year period of residence would technically fall foul of 276B(i)(a)). At the relevant time this appeared to directly contradict the position the Secretary of State had always taken in deciding these applications, not only in practice but in her published guidance, and caused immense stress and anxiety to affected applicants. The correct interpretation of 276B Lord Justice Underhill gave the lead judgment of the court. He found that the part of paragraph 276B(v) allowing short periods of previous overstaying to be disregarded – referred to as ‘Element [C]’ – is flat-out in the wrong place, and should have been in paragraph 276B(i)(a). As he wrote in paragraph 35: "we are faced with a choice between, on the one hand, giving element [C] no effect and, on the other, treating its placing within paragraph 276B as a drafting error and applying it as if it qualified sub-paragraph (i) (a). In my view we should choose the latter. It is unfortunately not uncommon for tribunals and courts to have to grapple with provisions of the Immigration Rules which are confusingly drafted, but it is our job to try to ascertain what the drafter intended to achieve and give effect to it so far as possible. In this case it is clear from its terms what the intended effect of element [C] is, but it has been put in the wrong place. Treating it as if it appeared in sub-paragraph (i) (a) does violence to the drafting structure, but I do not believe that that is a sufficient reason not to give effect to it." Underhill LJ was persuaded to take this view having considered the history of amendments to the provision since its introduction in 2012 (paras 36-37), the Secretary of State’s own guidance on the point (citing Pokhriyal v SSHD [2013] EWCA Civ 1568 as authority to rely on guidance where the rules are ambiguous), and also by the Secretary of State’s own representative who appeared to concede at the last minute that Masum Ahmed had been wrongly decided (paras 41-43). It should be said that this construction was not accepted by all members of the court, with McCombe LJ taking a different approach (paras 60-96). Following argument, the other member of the panel (Dingemans LJ) appears to have initially thought Masum Ahmed was correctly decided before coming round to the construction adopted by Underhill LJ (see para 104). Which of course is nuts and entirely goes against the idea that the law should be accessible and readily understandable to the individuals it might affect — a point not lost on their lordships. What the Hoque? Underhill LJ did not hold back in his criticism of the confusing state of the Rules, and is worth quoting in full (para 59): "This Court has very frequently in recent years had to deal with appeals arising out of difficulties in understanding the Immigration Rules. This is partly a result of their labyrinthine structure and idiosyncratic drafting conventions but sometimes it is a simple matter of the confused language and/or structure of particular provisions. This case is a particularly egregious example. The difficulty of deciding what the effect of paragraph 276B (v) is intended to be is illustrated by the facts not only that this Court itself is not unanimous but that all three members have taken a different view from that reached by a different constitution in Masum Ahmed. Likewise, the Secretary of State initially sought to uphold Masum Ahmed – contrary, it would seem to her own Guidance – but, as we have seen, shortly before the hearing executed a volte face. (This illustrates a different vice, also far from unique, that the Home Office seems to have no reliable mechanism for reaching a considered and consistent position on what its own Rules mean.) Of course mistakes will occasionally occur in any complex piece of legislation, or quasi-legislation; but I have to say that problems of this kind occur too often. The result of poor drafting is confusion and uncertainty both for those who are subject to the Rules and those who have to apply them, and consequently also a proliferation of appeals. The Secretary of State has already taken a valuable first step towards improving matters by asking the Law Commission to report on the simplification of the Immigration Rules, and I hope that action will be taken on those recommendations. But the problem goes further than matters of structure and presentation, and I would hope that thought is also being given to how to improve the general quality of the drafting of the Rules." And despite disagreeing about the central issue in the case, McCombe LJ echoed these sentiments (para 96): "After many years of trying to understand and construe infelicitous drafting in various parts of these Rules and in simply trying to see how they are supposed to work in practice, I think that there may be no solution other than to discard the present Rules and to start again." Which will be cold comfort to the people whose appeals were dismissed in this case, but does at least leave other applicants with greater certainty on the issue of previous periods of overstaying.

Это уже к бухгалтеру.

Прогресс (С)

26 October 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber) >>> Appendix V: changes to UK visit visa rules from 1 December 2020: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules The changes The detailed rules for the visitor route are set out in Appendix V to the Immigration Rules. This currently contains a definitions section: Appendix 1 to Appendix V. Those visitor-specific definitions are being removed and the Interpretation section at Paragraph 6 of the Immigration Rules will now apply instead. This will change how certain terms are defined as there is some inconsistency when comparing Appendix 1 to Paragraph 6. For example, currently there are two definitions of a “parent”, one in Paragraph 6 and one in Appendix 1 to Appendix V. Paragraph 6 includes “a genuine transfer of parental responsibility on the ground of the original parent(s)’ inability to care for the child” in cases where the child was born in the UK, whereas Appendix V does not. Similarly, the definition of “deception” is currently inconsistent between Paragraph 6 and Appendix 1. Interestingly, though, the new-look Paragraph 6 appears to have removed the definition of “deception” completely. This leaves potentially concerning room for interpretation by caseworkers, who have a new power to refuse applications where they “can prove that it is more likely than not the applicant used deception in the application” (more on this below). Travel documents vs ID documents Currently, one of the validity requirements for a visitor application is for the applicant to provide a travel document. This means being in possession of a “valid passport or other document that allows the holder to travel internationally”. The requirement for a travel document is instead being replaced with a requirement for an applicant to provide a “passport or other document which satisfactorily establishes their identity and nationality”. This may allow for more flexibility in terms of the documents needed to visit the UK. On the other hand, it may have the opposite effect of giving more discretion to decision-makers to refuse entry to those who may in fact hold a travel document which allows international travel, but for which the UK does not itself consider sufficient to establish identity and nationality. For example, certain national identity cards may be considered more secure than others. Suitability requirements: cut down but toughened up Part V3 of the existing visitor rules contains lengthy paragraphs of “suitability requirements”. These set out the reasons why visitor applications may be refused due to, for example, adverse immigration history or criminal convictions. All this is to be replaced with a one-line reference to suitability: "The applicant must not fall for refusal under Part 9: grounds for refusal" At first glance, this appears to be a welcome step and includes some positive changes. For example, failing to provide required information, attend an interview, provide biometrics, undergo a medical examination or provide a medical report on request are now discretionary grounds for refusal rather than mandatory grounds. There is also some added flexibility on overstaying. Currently, an overstay of more than 30 days will result in a re-entry ban of at least 12 months. Under the new Part 9, any period of overstaying between 24 January and 31 August 2020 will be disregarded for the purpose of the re-entry ban or reference to breaches of immigration laws. This is a coronavirus concession, recognising the impact of Covid-19 on those unable to leave the UK in time. However, the new provisions do not appear to take into account those provided with coronavirus-related “exceptional assurance” from 1 September to 31 October 2020. Toughening up Some suitability provisions have been made more stringent, though, particularly the criminality thresholds. Applications must now be refused where the person has been convicted of a criminal offence for which they have received a custodial sentence of at least 12 months, irrespective of when this occurred, in which country or any compelling circumstances (such as age, the nature of the offence, or the exceptional nature of the visit; for example, to attend the funeral of a close family member). Currently the Rules provide a mandatory ground for refusal which takes into account both the length of sentence and the time which has passed since the end of the sentence. The amended Part 9 therefore signals a significant change in approach on criminality. Applications must also now be refused where the person has committed a criminal offence and is either considered to be a persistent offender who shows a particular disregard for the law or has committed a criminal offence which caused serious harm. This is currently a discretionary ground for refusal — “may” rather than “must” be refused — allowing the person to explain the nature of the offences, which may be particularly important for politically motivated offences in certain countries which would not constitute crimes in the UK. Some additional grounds for refusal have also been added to Part 9 which will impact those wishing to enter as visitors. Permission to enter as a visitor may be refused where the decision-maker considers a customs breach has been committed (for example, by carrying a prohibited item), whether or not a criminal prosecution is pursued. Applications may also be refused where the decision-maker considers the applicant has been involved in a sham marriage or civil partnership. Deception The provisions on deception are also changing. The current position is that permission as a visitor must be refused where: "(a) false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge); or (b) material facts have not been disclosed, in relation to their application or in order to obtain documents from the Secretary of State or a third party provided in support of their application" In the new Part 9, applications may now be refused for these reasons but must be refused where the decision-maker “can prove that it is more likely than not the applicant used deception in the application”. As deception would involve an intention to deceive, it will be important to review the approach taken on this point, and how deception will be clearly distinguished from a genuine oversight or inadvertent error in the application, or false information or documents being provided without the applicant’s knowledge. Permitted versus prohibited activities There is a list of activities that are permitted for people on a visit visa, currently in Appendix 3 to Appendix V. In the new rules, the list comes under the heading Appendix Visitor: Permitted Activities. Whilst there do not appear to be any major changes to the permitted activities as a visitor, a few points stand out. There is to be more flexibility for people to visit the UK for study. It will now be permissible for study to be the main purpose of the visit. In addition, the provisions allowing people to visit for up to 30 days for a short course at an accredited institution are being extended, permitting study as a visitor for a longer period of up to six months. People aged 16 or over who are enrolled on a course of study overseas may also now visit the UK to undertake research or have “research tuition” at a UK institution for up to six months. Their research or research tuition must be relevant to their course of study overseas. Academics can currently apply to visit the UK for up to 12 months. However, only certain academics in the UK can extend their permission to a total of 12 months, namely those on sabbatical leave in the UK undertaking their own research. The scope for an extension will be widened to include academic visitors taking part in formal exchange arrangements or who are eminent senior doctors or dentists taking part in research, teaching or clinical practice. Volunteering for up to 30 days can now be the main purpose of a visit and will no longer be required to be incidental to the visit. The reasoning provided for this is that “incidental” is ambiguous and can be interpreted in different ways, even though the Rules expressly state it is meant to mean that volunteering is not the main purpose of the visit. The revised visit provisions also clarify that drivers on an international route collecting goods or passengers will fall within the visitor provisions. Currently this only applies to those delivering goods or passengers from abroad to the UK. Finally, the “prospective entrepreneur” provision has been specifically removed. This allows visitors who can show support from an endorsing body under the Start-up or Innovator routes to enter the UK for “discussions to secure funding” to set up a business here. Arguably this was unnecessary duplication as such visitors can enter the UK anyway to attend meetings or to negotiate and sign deals and contracts. New Appendix Finance Visit visa applicants are required to show they have sufficient funds to cover all reasonable costs of the visit. From December 2020, any funds relied upon for the application must be held in permitted institutions under the new Appendix Finance. This Appendix excludes reliance on funds in financial institutions where satisfactory verification checks cannot be made, where the institution is not appropriately regulated or where the institution does not use electronic record keeping.

ПОЛУЧЕНИЕ ПМЖ ВНЕ ДЕЙСТВУЮЩИХ ПРАВИЛ Данный Email иллюстрирует сложные случаи, с которыми мы сталкиваемся. В данном случае Home Office согласился дать ПМЖ (ILR) человеку вне правил на основании смерти главного заявителя, кто находился в Великобритании по рабочей визе. Главный заявитель подал на ILR и, к сожалению, скончалась во время рассмотрения ее заявления. Иждивенец же только прожил в британии часть 5-и летнего срока, необходимого для получения ILR. После детального общения с Home Office и полагаясь на очень редкий судебный прецедент, Home Office согласился выдать этому иждивенцу ILR (ПМЖ). Обратите внимание, что главный заявитель не был британским гражданином и находился в Великобритании по рабочей визе.

Приветствую, Итак: 1. Нужно. Не Высылают. См. https://www.gov.uk/apply-for-a-uk-residence-card/replace + нужно выбрать правильную категорию, разумеется. Да, нужно платить. 2. Муж: пока нет, т.к. не прошел минимальный срок, но уже скоро. Вы - да (по указанным Вами срокам). Нет, не может. Не играет роли. 3. Можете. Не повлияет. Подаете на первый детский паспорт.

Контроль государства над иммигрантами ?

25 October 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber) >>> Supreme Court finds treatment of skilled worker unfair: https://www.bailii.org/uk/cases/UKSC/2020/41.html The Supreme Court held in R (on the application of Pathan) v Secretary of State for the Home Department [2020] UKSC 41 that the Home Office’s treatment of a Tier 2 skilled worker, Mr Pathan, was unfair. Mr Pathan had applied for an extension of his visa as a sponsored worker in good time but his application was refused several months later after the Home Office had, without telling him, revoked his employer’s sponsorship licence. This revocation meant that Mr Pathan’s application was, ultimately, doomed to fail. Mr Pathan was left unlawfully resident in the UK with no warning and, after reforms by Theresa May during her time as Home Secretary, no right of appeal. The Supreme Court has now, by a majority, quashed the decision to refuse Mr Pathan’s extension request. Notably, this is the second major case one has seen on access to justice in immigration cases in as many days. The formal outcome of the case was that Mr Pathan’s appeal was allowed. The Home Office decision to refuse his extension application was therefore unlawful and is quashed. In law, that decision has not formally yet been made, although Mr Pathan knows what the outcome is going to be. Mr Pathan’s residence since that non-decision was served on him on 7 June 2016 had seemed to be unlawful. It turns out that it was in fact lawful residence all along as leave was extended automatically by operation of law by section 3C of the Immigration Act 1971 while his valid and in-time application remains pending. No doubt the Home Office will shortly issue a new refusal. However, Mr Pathan might well now be eligible for settlement under the ten year rule given he first arrived in 2009 and it turns out now that he has been lawfully resident ever since. One can imagine he will already have varied his application by this time. Future cases It is clear that the decision not to inform Mr Pathan of the revocation of his employer’s sponsorship licence was unlawful. Given that the Supreme Court was split 2-2-1 on what should happen as a consequence, though, it is less immediately clear what this means for future cases. Lord Briggs, in his dissenting judgment, thought the appeal should be dismissed anyway because the refusal of the extension request was distinct from the procedural unfairness in failing to give notice of revocation of the sponsorship licence. Lady Arden and Lord Wilson agreed with one another that 60 days of leave should be granted, as occurs in student applications where the educational insti***ion loses its sponsorship licence. Lord Kerr and Lady Black agreed with one another that this was not necessary. They held instead that Mr Pathan should have been given sufficient notice of the revocation to give him time to do something about it: "The duty to act procedurally fairly comprehends an obligation to tell somebody such as Mr Pathan immediately about circumstances which doomed his current application so that he could avail of the full period which would then have become available to allow him to do something about it. Lord Kerr and Lady Black, paragraph 109" This would have given Mr Pathan a window of time in which to make an alternative application or, at least, pack his bags — and the bags of his family, who accompanied him in the UK — and avoid the fate of becoming an overstayer and thereby committing a criminal offence. The window in this case would, on the face of it, have been three months. Given that four members of the Court held that Mr Pathan was entitled to notice and to a chance to take action, it seems that in future cases a person in the same position as Mr Pathan will also need to be given notice and a chance to take action. The only sensible interpretation of the split outcome is that the opportunity to take action must be provided in the form of a delay between being informed of the revocation decision and refusal of the extension of leave. What period of time is necessary between these two events is unclear. In this case the period happened to be three months; that need not necessarily set a precedent for other future cases. In student cases a period of 60 days is considered adequate. The lack of agreement between the judges means one will need to wait for the Home Office, which was quite content to give no notice at all, to decide what period is reasonable. >>> UK visa fees (new): https://www.gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and-nationality-fees-12-november-2020 Updated Home Office immigration and nationality fees from 12 November 2020. >>> Home Office response to ILPA on the EU grace period regulations The Home Office confirmed that the grace period regulations will not provide a lawful basis for EEA or Swiss citizens or their family members to reside in the UK during the grace period who are resident in the UK at the end of the transition period but who do not have permanent residence and are not exercising Treaty rights. >>> Request personal information held in the borders, immigration and citizenship system: https://www.gov.uk/government/publications/requests-for-personal-data-uk-visas-and-immigration/request-personal-information-held-by-uk-visas-and-immigration Parts of the service previously closed to coronavirus (COVID-19) have now resumed: you can make a request by post. The service to provide paper records is still unavailable due to coronavirus. >>> Health and Care visa: guidance for applicants: https://www.gov.uk/government/publications/health-and-care-visa-guidance-for-applicants?utm_source=2084db9f-c0e6-483a-ac95-bedb7a31d291&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily First Guidance published >>> Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents?utm_source=93366226-2655-491a-8e29-05e948a18ceb&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily Updated concession on p 94 including: "any visitor whose period of leave expires beyond 31 August 2020, is still allowed to make their application from within the UK where they would usually need to apply for a visa from their home country on a limited, case by case basis. We will expect applicants to prove that their application is urgent and for them to provide a valid reason why they cannot apply from outside the UK as a result of COVID-19." >>> Appendix FM (Financial): https://www.gov.uk/government/publications/chapter-8-appendix-fm-family-members?utm_source=2c14fab8-9e2e-42f4-83c2-7915c1026e4b&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily Updated maintenance document in respect of the COVID-19 financial requirement concessions. >>> Human rights claims on medical grounds : https://www.gov.uk/government/publications/human-rights-claims-on-medical-grounds?utm_source=ab903c4c-5164-4228-bee4-32dade266e55&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily Changes in this version include: - amendments for clarification of caselaw in relation to mental health; and - amendments to the considering medical evidence section.

A follow-up re: Immigration Rules changes >>> New, improved English language requirements for immigration applications The new ‘Appendix English Language’ will take effect at 9am on 1 December 2020; any application made before this highly specific date will be treated under the old rules. Unlike the current (old) Appendix English Language, which only applied to the Appendix Student route, the new Appendix will apply to all applications made under the following routes: -Appendix Student -Appendix Skilled Worker -Appendix Representatives of an Overseas Business -Appendix T2 Minister of Religion -Appendix T2 Sportsperson -Appendix UK Ancestry -Appendix Global Talent -Appendix Start-up -Appendix Innovator -Appendix T5 (Temporary Worker) International Agreement Worker -Appendix Hong Kong British National (Overseas) -Appendix ECAA Extension of Stay The existing rules continue to apply to anyone applying under a different route so if you are not applying in one of the above categories, or you are applying before 1 December 2020, you may disregard the new (post December 1, 2020) Appendix English Language. For everyone else, here is a brief overview of the new rules. Exemptions Applicants are exempt from the English requirement if at the date of application they are aged 65 or over, under 18 or they have a physical or mental disability which prevents them from meeting this requirement. Presumably, anyone seeking to rely on the latter provision will be expected to provide strong medical evidence. Met in a previous application "EL 3.1. An applicant will meet the English language requirement if they have already shown they met the requirement, at the level required for their current application, in a previous successful application for entry clearance or permission to stay." Majority English country As usual, applicants can meet the English language requirement by being a national of a designated English-language country. The usual list applies, only now with the new addition of Malta. The additional of Malta to the list will apply across all categories in the Immigration Rules, not just the categories listed above. This is not particularly generous, of course: Maltese nationals are losing their free movement rights, under which there was also no English language requirement. Nor any other requirement for that matter, unlike the new rules they will have to meet in future. Academic qualification As before, applicants can meet this requirement by having a degree from: -a UK university; -a university in a designated English-majority country (except Canada) with evidence of equivalence from NARIC; or -a university in any other country that was taught in English with evidence of equivalence from NARIC as well as evidence that the degree was taught in English from NARIC. The only changes are that Malta will now be on the list of designated English-majority countries, and that the ‘degree from a designated English-majority country’ category will now include degrees from Ireland, meaning that Ireland will be treated as an honorary English-majority country for these purposes, despite not being added to the list. As above, these changes are pervasive across all immigration categories, not just the ones to which this Appendix applies. English language test As before, though please note there are now five authorised providers: https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt#approved-test-providers-and-approved-tests GCSE or A Level English From December 1, 2020, applicants applying under Appendix Student, Appendix Skilled Worker, Appendix Start-up and Appendix Innovator can meet the requirement if they have one of the following qualifications in English (language or literature), as long as they were under 18 and at school at the time and the qualification was awarded by an Ofqual, SQA, Qualification Wales or CCEA awarding body: -GCSE -A level -Scottish National Qualification at level 4 or 5 -Scottish Higher or Advanced Higher Please note that although Appendix English Language applies to a far wider range of routes, this provision only applies to the four routes specified above, though the Explanatory Memorandum does encouragingly refer to this provision as applying to only these four routes “initially”. It appears that whoever is in charge of keeping the naturalisation form AN up to date jumped the gun on these changes, as the form now asks, seemingly out of context, whether the applicant has previously met the English language requirement by submitting one of the above qualifications. Additional provisions for students Appendix Student applicants can alternatively meet the requirement if they are sponsored by a higher education provider with a track record of compliance that specifies on the CAS that they have assessed their English language ability to level B2 or above, and how they have assessed it. If an applicant in this route sat an approved English language test and was exempted from a component of the test by the provider on disability grounds, and the sponsor has confirmed that they are satisfied with the applicant’s level of English, they will meet the English language requirement. Finally, the requirement will also be met where an applicant is applying for a short-term programme of up to six months and the study programme is part of a degree-level or above programme in a US higher education institution and NARIC confirms that the overseas course of study will lead to an academic qualification that is equivalent to a UK Bachelor’s degree or above. Medical professional regulation for Skilled Workers An applicant in this route will meet the English language requirement if they are being sponsored to work as a dentist, doctor, nurse or midwife and they have been assessed by the relevant regulator as meeting the English language requirement for registration. As advertised by the Home Office, many of these changes do represent a very welcome simplification of the requirements, in particular the widely-drafted provision that means applicants no longer have to prove they meet the English language requirement if they have already met it in a previous application. Other changes, like the provisions that allow applicants to rely on GCSEs and other secondary education awards, are common sense additions that one hopes in the future to see applied across all immigration categories and — if the mysterious form AN update is any indication — citizenship applications. In-depth analysis of the recent immigration Rules changes - Part 1 The basics Timing First of all, what happens when? • Most changes take effect on 1 December 2020. • Most changes relating to provisions for Irish citizens, Appendix EU, Appendix ECAA and Appendix FM take effect on 31 December 2020. However, changes relating to cancellation, curtailment and revocation of leave to enter or remain for Appendix EU take effect on 1 December 2020. • Changes relating to Hong Kong British Nationals (Overseas) take effect on 31 January 2021. In addition, EU nationals cannot apply for leave to remain under routes other than Appendix EU, Appendix S2 Healthcare Visitor or Appendix Service Providers from Switzerland, before 11pm on 31 December. They can apply for any Entry Clearance before then, but any leave will be granted to start on 1 January 2021. Appendices and simplification Those words don’t go very well together. It seems that more Appendices are introduced by this Statement of Changes. That said, the Explanatory Memorandum does confirm that: “Where a route is being simplified, it is added to the rules as an Appendix. This avoids the need for complex cross-references where possible. This is a transitional measure and when the Immigration Rules are fully consolidated and simplified, the routes will be in the body of the rules as separate Parts changes.” In addition, some appendices will now go: Appendix W, replaced by Appendix Global Talent; Appendix Innovator and Appendix Start-Up. And - what a surprise - Appendix ATAS, Appendix English Language and Appendix Finance are replaced by… Appendix ATAS, Appendix English Language and Appendix Finance. Lastly, the length of the Statement of Changes is not as bad as it first looks. JUST 514 PAGES ! Some routes, including Tier 2 Minister of Religion, Tier 2 Sportsperson, UK Ancestry, Tier 5 (Temporary Worker) routes and Start-up and Innovators routes do not experience major changes, but they have been re-written (in Appendices, naturally) to, allegedly, make them easier to read. Overarching changes Changes to “validity” One big change to be aware of is the introduction of more “validity requirements” across the board. Some will be familiar, like the need to apply on a specified form and to pay the relevant fee. Others, though, are new, such as the need to provide written consent to the application from a government or scholarship agency which sponsored an applicant in the 12 months before the date of application. Other validity requirements are introduced depending on each route, such as the need to have a Certificate of Sponsorship for Skilled Workers; and the need to already be on an appropriate route. This is important to note because an application which is rejected as invalid rather than refused may interrupt the applicant’s section 3C leave, and therefore make them an overstayer. Hopefully the Home Office will continue its current practice to allow applicants to “validate” their applications after the facts, by asking for the relevant additional information or documentation. However, some will presumably be fatal, such as the need to already be on an appropriate route. Refusal grounds Major, and restrictive changes are made to the refusal grounds. Most changes, but not all, do not apply to applications under Appendix FM (Family Route), Appendix AF (Armed Forces), Appendix EU (EU Settlement Scheme), Appendix EU (Family Permit), Part 11 (Asylum) (except paragraph 352ZH, 352ZP, 352J and 352U), Appendix S2 Healthcare Visitor and Appendix Service Providers from Switzerland. • There are new discretionary grounds for refusal or cancellation for customs breaches, rough sleeping or being involved in a sham marriage. Rough sleeping is particularly nasty, considering that some end up rough sleeping as a direct result of Home Office hostile environment policies. • There is a mandatory ground of refusal for those who have been convicted and sentenced to 12 months or more imprisonment; those who are persistent offenders; and those who have caused serious harm, seemingly without time-limit. In the past, persistent offending and causing serious harm was a discretionary ground. In addition, those sentenced to 12 months or more imprisonment would have their applications refused for 10 years “only”. • Sentences of less than 12 months imprisonment, and non-custodial sentences and out-of-court disposals recorded on an applicant’s criminal records, will be fatal for a period of 12 months for visitors and others applying for entry for less than 6 months. For other applicants, those lesser sentences will be discretionary grounds for refusal. • On a more positive note, false representations are now discretionary, rather than mandatory, grounds for refusal, unless “the decision-maker can prove that it is more likely than not that the applicant used deception”. English language For the majority of routes, the English language requirement is amended to: • allow applicants to only prove the required level of English once • introduce Malta as a “majority speaking English language country” • allow people with a degree from Ireland to rely on that as proof of English language • allow applicants to rely on GCSE/A Level or Scottish Highers in English while at school in the UK to prove English language. This last change will, initially, only apply to applications for students, skilled workers, start-up and innovator migrants Finances Quite a few of the financial requirements of the immigration rules have been updated, although sadly not the Minimum Income Rule for spouses. Bizarrely, some figures differ between the Statement of Changes and the Explanatory Memorandum – make sure you are reading the Statement of Changes. Was this sheer carelessness at the Home Office, last minute decisions or both? Some positive changes to financial requirements include: • Students, Skilled Workers, Intra-Company Workers, Tier 2 Ministers of Religion, Tier 2 Sportpersons, Tier 5 (Temporary Workers), Start-up and Innovator applicants will not need to meet the maintenance requirement if they have been in the UK for more than 12 months. • Applicants can rely on electronic bank statements without needing to have the bank stamp every page (note that this does not apply to Appendix FM-SE applications) • Applicants will be able to rely on a wider range of accounts (not just cash or cash savings), so long as the funds can be accessed immediately • Most applicants will need to submit evidence ending within 31 days of the date of application. In terms of figures: • The maintenance requirement for Parents of a Child Student will be set at £1,560/month up to a maximum of 9 months; and an additional £625/month for any child other than the Child Student who will be under their care in the UK • The maintenance requirement for Skilled Workers, Intra-Company Workers, Tier 2 Minister of Religion and Sportpersons, Innovators and Start-Ups, Tier 5 (Temporary Workers), including Seasonal Workers, Religious Workers, Charity Workers, Creative and Sporting workers, International Agreement Workers and Government Authorised Exchange Workers will be increased from £945 to £1,270 and applicants are now required to show they have held the funds for 28 days • For most dependants, the maintenance requirement is reduced from £630 to £285 for a dependant partner, £315 for the first child applying and £200 for each subsequent child • The maintenance requirement for Youth Mobility Applicants will be increased from £1,890 to £2,530 and applicants are now required to show they have held the funds for 28 days The changes - PART 2 Continuous Residence A new Appendix Continuous Residence is introduced, to apply to most routes (but not Appendix FM and Appendix EUSS, for example). Many requirements will be familiar, including that continuity of residence is broken by absences of more than 180 days in any one year. Interestingly, it specifically refers to absences due to a “pandemic” as an exception to the rule. COVID-19 concessions In recent months, the Home Office has often repeated that those who did not have leave in the UK due to the pandemic would not be treated as overstayers. This has now made it into the rules, by amending paragraph 39E to allow caseworkers to disregard overstaying between 24 January 2020 and 31 August 2020. Visitors Visitors, who so far could only study for up to 30 days, will be allowed to study for up to six months. This also means that applicants who previously had to apply for a short-term student visa to study for a period of between 30 days and 6 months can now apply for a visit visa. There is still a short-term study route for those who want to study for a period of between 6 and 11 months. In addition, visitors who want to study recreational courses are still limited to 30 days. Volunteering no longer need to be “incidental to the main reason for the visit”, although it should be limited to 30 days. Academic visitors will have more liberty to apply to extend their permission to stay in the UK for up to 12 months. Students Students already had their “big moment” in the last Statement of Changes. However, one additional change brought by these rules is the maintenance level, which will now be £1,334/month for students inside London and £1,023 for students outside of London. In addition, students and their dependants who are allowed to work will now be able to work as postgraduate doctors or dentists in training. Lastly, parents of Child students will be granted leave to expire at the same time as the Child Student, or on the Child Student’s 12th birthday, whichever is sooner. This is a positive change as, with the current rules, a parent had to re-apply every twelve months instead. Skilled workers Reconfirming a lot of what had been announced already, the Tier 2 route is replaced by an Appendix Skilled Workers. The main changes include: • The minimum skill threshold is lowered from RQF level 6 to RQF level 3. • The general salary threshold is lowered from £30,000 to £25,600; with this salary being “exchangeable” when other requirements are met, including having a PhD qualification relevant to the job; a PhD qualification in a STEM subject relevant to the job; a job in a shortage occupation; being a new entrant (with this definition being amended to allow those sponsored in postdoctoral research position; those working towards professional qualifications; and those who were on the Student route up to 2 years before the application); or being in a job in a listed health or education occupation. • The current Tier 2 cap is suspended • Sponsors will no longer need to undertake a Resident Labour Market Test • The 12-month “cooling off period” and six-year maximum length of stay in the route are being removed. • The £35,800 salary threshold for indefinite leave to remain applications is being removed, and replaced with £25,600 or the going rate for the occupation Interestingly, the Home Office decided not to take into account the MAC’s recommended changes to the Shortage Occupation List yet. The justification is that the Government does not consider changes should be made at this time, before assessing how the UK labour market develops post-Covid 19 and in response to the introduction of the new Points-Based Immigration System. Intra-Company Transfers For this route too, the cooling-off period is removed. There will still be a time-limit on how long an applicant can be under this route, but it will be up to 5 years in any 6-year rolling period or, for high earners, up to 9 years in any 10-year rolling period. High earners will be those earning an annual salary above £73,900 (instead of £120,000). Those workers can have leave as Intra-Company workers for up to 9 years; and do not need to have been working for the business overseas for 12 months. There are more flexible “switching” provisions, although applicants still need have been working for the sponsor for 12 months at the date of application (except for high earners). EU, Swiss and Turkish nationals Aside from the fact that EEA and Turkish nationals arriving after 31 December 2020 will need to meet the “normal” Immigration Rules, the following changes are made: • Appendix ECAA Extension of Stay is introduced to replicate the existing ECAA arrangements so that Turkish workers, business persons and family members currently covered by those arrangements can continue to apply. However, suitability requirements are amended so that conduct committed before the end of the transition period is considered under the previous arrangements for restricting rights, whereas conduct committed after that date will be considered under the UK criminality thresholds. • Appendix Service Provides from Switzerland is introduced, creating a brand new immigration route for individuals employed by Swiss companies and Swiss self-employed individuals to come to the UK for up to 90 days/year to fulfil contracts in the UK. To be eligible, the contracts must have been signed and commenced before the end of the transition period. The route is expected to run for five years, until 31 December 2025. • Appendix S2 Healthcare Visitor is introduced to allow eligible patients, and those accompanying them to provide them with care or support, to come to the UK free of charge to receive a course of planned healthcare treatment provided by the NHS under the “S2 route”. • Appendix FM is amended to allow “new” family members of EU nationals with limited leave under Appendix EU; and of Turkish worker or business persons with limited leave to apply under those Rules. In other words, family relations which started before 31 December 2020 fall under Appendix EUSS and Appendix ECAA, while relations starting after that will fall under Appendix FM • The rules will provide for those who have not applied under the EUSS before 30 June 2021 to apply after that date if there are “reasonable grounds why they missed the deadline”. This is the rule that was mediatised last week. There is no definition of “reasonable grounds” so presumably the Home Office will issue guidance about it in due course. • The generous “assumed dependency” of a parent or grandparent of an EU national will be discontinued from 1 July 2021, at which point it will still be possible to apply, but dependency will no longer be assumed and will instead need to be evidenced. Afghan interpreters Amendments are made to the Afghan Interpreters ex-gratia relocation scheme, to allow Afghan interpreters who served for a minimum of 12 months to apply, whether they were made redundant or resigned. This is a time-limited amendment, and applications will need to be submitted between 1 December 2020 and 30 November 2022. Youth Mobility Scheme San Marino is being added to the Youth Mobility scheme country list as a country without Deemed Sponsorship Status with an allocation of 1,000 places. The Republic of Korea is being added to the list of countries where invitation to apply arrangements apply. Global Talent Changes are made to • the criteria for consideration of senior appointments • the definition of the types of academic and research roles that qualify, which is being expanded. Hong Kong British Nationals (Overseas) The Visa Scheme for Hong Kong British National (Overseas) citizens, details of which had been published in a policy statement, are now in the Rules. There are two routes: 1. The BN(O) Status Holder route, for BN(O) citizens ordinarily resident in Hong Kong or the UK and their dependent family members 2. The BN(O) Household Member route, for adult children, born on or after 1 July 1997, of BN(O) citizens; and their dependent family members, provided they form part of the same household as the BN(O) citizen. Overall, a lot of changes; some to look forward to, and others less. What is certain is that everyone concerned will need to get used to a significantly re-arranged set of Immigration Rules, with new Appendix names, new paragraphs numberings, new maintenance figures, new definitions, and, of course, some “points”.

A follow-up re: Immigration Rules changes >>> New, improved English language requirements for immigration applications The new ‘Appendix English Language’ will take effect at 9am on 1 December 2020; any application made before this highly specific date will be treated under the old rules. Unlike the current (old) Appendix English Language, which only applied to the Appendix Student route, the new Appendix will apply to all applications made under the following routes: -Appendix Student -Appendix Skilled Worker -Appendix Representatives of an Overseas Business -Appendix T2 Minister of Religion -Appendix T2 Sportsperson -Appendix UK Ancestry -Appendix Global Talent -Appendix Start-up -Appendix Innovator -Appendix T5 (Temporary Worker) International Agreement Worker -Appendix Hong Kong British National (Overseas) -Appendix ECAA Extension of Stay The existing rules continue to apply to anyone applying under a different route so if you are not applying in one of the above categories, or you are applying before 1 December 2020, you may disregard the new (post December 1, 2020) Appendix English Language. For everyone else, here is a brief overview of the new rules. Exemptions Applicants are exempt from the English requirement if at the date of application they are aged 65 or over, under 18 or they have a physical or mental disability which prevents them from meeting this requirement. Presumably, anyone seeking to rely on the latter provision will be expected to provide strong medical evidence. Met in a previous application "EL 3.1. An applicant will meet the English language requirement if they have already shown they met the requirement, at the level required for their current application, in a previous successful application for entry clearance or permission to stay." Majority English country As usual, applicants can meet the English language requirement by being a national of a designated English-language country. The usual list applies, only now with the new addition of Malta. The additional of Malta to the list will apply across all categories in the Immigration Rules, not just the categories listed above. This is not particularly generous, of course: Maltese nationals are losing their free movement rights, under which there was also no English language requirement. Nor any other requirement for that matter, unlike the new rules they will have to meet in future. Academic qualification As before, applicants can meet this requirement by having a degree from: -a UK university; -a university in a designated English-majority country (except Canada) with evidence of equivalence from NARIC; or -a university in any other country that was taught in English with evidence of equivalence from NARIC as well as evidence that the degree was taught in English from NARIC. The only changes are that Malta will now be on the list of designated English-majority countries, and that the ‘degree from a designated English-majority country’ category will now include degrees from Ireland, meaning that Ireland will be treated as an honorary English-majority country for these purposes, despite not being added to the list. As above, these changes are pervasive across all immigration categories, not just the ones to which this Appendix applies. English language test As before, though please note there are now five authorised providers: https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt#approved-test-providers-and-approved-tests GCSE or A Level English From December 1, 2020, applicants applying under Appendix Student, Appendix Skilled Worker, Appendix Start-up and Appendix Innovator can meet the requirement if they have one of the following qualifications in English (language or literature), as long as they were under 18 and at school at the time and the qualification was awarded by an Ofqual, SQA, Qualification Wales or CCEA awarding body: -GCSE -A level -Scottish National Qualification at level 4 or 5 -Scottish Higher or Advanced Higher Please note that although Appendix English Language applies to a far wider range of routes, this provision only applies to the four routes specified above, though the Explanatory Memorandum does encouragingly refer to this provision as applying to only these four routes “initially”. It appears that whoever is in charge of keeping the naturalisation form AN up to date jumped the gun on these changes, as the form now asks, seemingly out of context, whether the applicant has previously met the English language requirement by submitting one of the above qualifications. Additional provisions for students Appendix Student applicants can alternatively meet the requirement if they are sponsored by a higher education provider with a track record of compliance that specifies on the CAS that they have assessed their English language ability to level B2 or above, and how they have assessed it. If an applicant in this route sat an approved English language test and was exempted from a component of the test by the provider on disability grounds, and the sponsor has confirmed that they are satisfied with the applicant’s level of English, they will meet the English language requirement. Finally, the requirement will also be met where an applicant is applying for a short-term programme of up to six months and the study programme is part of a degree-level or above programme in a US higher education institution and NARIC confirms that the overseas course of study will lead to an academic qualification that is equivalent to a UK Bachelor’s degree or above. Medical professional regulation for Skilled Workers An applicant in this route will meet the English language requirement if they are being sponsored to work as a dentist, doctor, nurse or midwife and they have been assessed by the relevant regulator as meeting the English language requirement for registration. As advertised by the Home Office, many of these changes do represent a very welcome simplification of the requirements, in particular the widely-drafted provision that means applicants no longer have to prove they meet the English language requirement if they have already met it in a previous application. Other changes, like the provisions that allow applicants to rely on GCSEs and other secondary education awards, are common sense additions that one hopes in the future to see applied across all immigration categories and — if the mysterious form AN update is any indication — citizenship applications.

Ремарка: "Все новое - это забытое старое" Итак: Statement of Changes to the Immigration Rules (HC 813) The government has laid a new statement of changes to the Immigration Rules. The explanatory memorandum can be found here: https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-813-22-october-2020 The main changes relate to: 1. Visitors 2. Part 9 Refusal Grounds 3. Student and Child Student rules 4. The Short-term Study route 5. The Skilled Worker route 6. The Intra-Company Transfer route 7. Global Talent rules 8. English language, Finance and Knowledge of Life in the UK 9. Hong Kong British National (Overseas) route The Statement of Changes also includes changes to the EUSS and EUSS Family Permit. 1. Visitors The new rules: • permit study of up to six months under the standard visit route. All study must be undertaken at an accredited institution, except recreational courses undertaken for leisure that last no longer than 30 days; • allow drivers on international routes to collect as well as deliver goods and passengers in and out of the UK; and • remove the requirement for volunteering to be incidental to the main reason for the visit. 2. Part 9 Refusal Grounds Statement of Changes HC 813 amends: • the criminality thresholds by replacing the current thresholds with a single sentence based threshold of 12 months, applying to offences committed in the UK or overseas. And introduces: • new refusal and cancellation grounds on customs breaches, rough sleeping and being involved in a sham marriage. We are extremely concerned about the rough sleeping provisions and raised concerns around their introduction in a letter to the Home Office on 8 September 2020. We are yet to receive a response, but will engage further with the Home Office on this issue and will update you when we can. 3. Student and Child Student rules • The maintenance levels are being amended in line with the current home student maintenance loans. Minor corrections have been made to the rules as laid on 5 October 2020. 4. The Short-term Study route • This route is is being introduced for students who wish to come to the UK to study English language courses for between six and 11 months, replacing the current route. The study must be at an accredited institution. Students who wish to come to the UK to study for six months or less may now do so under the Visitor route. 5. The Skilled Worker route • The key characteristics of the new route are that an applicant must be sponsored to do a specific job, which meets skill and salary requirements, by an employer that has been licensed by the Home Office. 6. The Intra-Company Transfer route • Removing the 12 month cooling off period and introducing the cumulative period calculation (see IC 11); • Having a single high earner threshold of £73,900 (previously there was a second threshold of £120,000); and • The ability of people to move onto the route when already in the UK. 7. Global Talent rules • Changes have been made to the criteria for senior appointments and to the definitions of qualifying academic and research roles. 8. English language, Finance and Knowledge of Life in the UK The new rules: • ensure applicants only need to prove the required level of English language to the Home Office once; • update the majority speaking English language country list (where nationality is proof of English language ability) to include Malta and allow people with a degree from Ireland to rely on that as proof of English language ability; • allow applicants who have gained GCSE/A Level or Scottish Highers in English while at school in the UK to rely on this to prove their English language ability. Initially, this will apply only to entry clearance and permission to stay for Students, Skilled Worker, Start-up and Innovators; • allow applicants to rely on electronic bank statements without requiring that they be certified by the bank on each page; and • allow applicants to show they meet maintenance requirements by relying on a wider range of accounts. 9. Hong Kong British National (Overseas) route • New rules have been introduced to reflect the Government’s commitment to establish a Hong Kong British National (Overseas) route as set out in the Home Secretary’s Policy Statement on 22 July 2020.

Да. Я так и делаю.