Изменения в Иммиграционных Правилах от 11-12-2018

[British Lawyer]

11 December 2018 – Just useful and interesting UK & EEA Immigration Law news and up-dates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

>>> Statement of changes to the Immigration Rules: HC 1779, 11 December 2018 (11 December 2018): https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1779-11-december-2018?utm_source=fba24dd8-3e3b-4e9d-a166-02c7dee5486b&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

The main changes:

•Introduce a new seasonal workers scheme; and
•Expand protection offered to victims of domestic abuse, to include partners of
refugees who have not yet gained indefinite leave to remain, as a result of the
judgment in the case of A v Secretary of State for the Home Department (2017).

Changes relating to Tier 1 of the Points-Based System

Tier 1 (Exceptional Talent)

•    The endorsement of arts applicants is being widened to include those in the
field of architecture. These applicants will be assessed by the Royal Institute
for British Architects operating within the endorsement remit of Arts Council
England;

•For consistency, the grant periods for entry clearance applications have been
amended to include an addition 4-month period for each potential grant of
leave. This provides applicants with extra time to meet the qualifying period
for settlement and reduces the likelihood that they would have to apply for
further extension applications. Currently only applicants who request 5 years’
leave qualify for the additional 4-month period;

•Other changes are being made to the criteria for endorsement by each
Designated Competent Body, at those bodies’ requests. These include changes
to the evidential requirements for digital technology applicants who, as a result
of the Tech Nation online application form, are no longer required to supply
paper copies of their specified evidence to the Home Office; and amendments
within Arts Council England rules to ensure consistency across its subendorsers

Changes relating to Tier 2 of the Points-Based System (PBS)

•A change is being made to include the Academic Technology Approval
Scheme (ATAS) requirement for Tier 2 (ICT) applicants extending
leave in the United Kingdom. Applicants in all PBS routes are required
to obtain an ATAS certificate before studying a postgraduate
qualification in certain sensitive subjects, knowledge of which could be
used in programmes to develop weapons of mass destruction (WMDs)
or their means of delivery. The requirement for ICT extension
applications had previously been excluded in error;

•Remove references to ‘Universal Jobmatch’ from the Rules covering
the Resident Labour Market Test (RLMT). Universal Jobmatch (UJM)
was replaced by the ‘Find A Job’ service on 14 May 2018, with UJM
permanently closing on 17 June 2018;

•Changes to fix incorrect cross references in paragraph 78C(g) relating
to inward investment requirements, and in table 11B, relating to the
RLMT for creative occupations;

•Including reference to the appropriate salary to be paid to nurses or
midwives who are undertaking the Observed Structured Clinical
Examination (OSCE) to obtain Nursing and Midwifery Council
registration.

Changes relating to Tier 4 of the Points-Based System

•    The definitions of “degree level study", “foundation degree” and "post-graduate level
study" are being updated to replace the references to the "National Qualifications
Framework" with "Regulated Qualifications Framework" as the latter is now the
framework used to determine levels of study in the UK.

•    A definition of a “higher education provider” is being added to the introduction
section of the rules to reflect the changes to Tier 4 arising from the higher education
reform in England, including the introduction of the Office for Students, and so that
institutions in the Devolved Administration have the same ability to offer privileges to
their students as institutions in England. Accordingly, references to “higher education
institutions”, where appropriate, are being changed to “higher education provider”.

•    A definition of a “track record of compliance” is being added to the introduction
section of the rules. Changes are being made to Parts 6A and 8 of the Immigration
Rules, to set out when a student who is sponsored by a higher education provider with
a track record of compliance will receive conditions of leave which entitle them to
work, apply for further Tier 4 leave in the UK, and bring dependants. These changes
will come into effect on 1 August 2019 and are being made in support of the changes
to Tier 4 arising from the higher education reform in England.

•    A change is being made to Appendix C to make clear that Tier 4 applicants, who rely
on student loans or funds from official financial sponsors, are not required to
demonstrate that the funds have been held for a period of 28 consecutive days. A
minor change is being made to clarify that a Tier 4 migrant must have the funds
available to them on the date of application, except where the funds are being
provided as a financial loan and the student separately confirms when the funds will
be available to them.

•    In Appendix C, a change is being made to clarify that if the applicant is a Tier 4
(Child) Student the specified documents submitted with their application must
confirm who is providing the maintenance funds for their use in studying and living in
the UK and that the funds will remain available to them unless used to pay for course
fees and living costs.

•    Amendments are being made to the rules in Appendix C to make them gender neutral

Changes relating to Tier 5 of the Points-Based System

•    General quota related changes

•    Introduction of a 12-month cooling off period for charity and religious workers

•    Introduction of the new seasonal workers pilot scheme - the formal date of implementation for this pilot will be announced in due course

Minor changes to the Visitor, Ancestry and the Electronic Visa Waiver visa routes

Changes to domestic violence provisions

•    The case of A v the Secretary of State for the Home Department ruled that the
definition of ‘settled person’ in Appendix FM should be expanded, for the purposes of
domestic abuse policy, to include people with refugee status who have not yet
completed the five-year period required to be granted indefinite leave to remain. The
judge held that because 95% of refugees gain indefinite leave to remain following the
end of the five-year period, indefinite leave to remain can be considered a legitimate
expectation. The effect is that a sponsored partner should have the same expectation
of settlement and therefore of protection under domestic abuse provisions.

•    As a result, the eligibility for indefinite leave to remain, as a victim of domestic abuse
under paragraph E-DVILR.1.2 and 1.3, is being clarified to include partners of people
with refugee status who have not yet been granted ILR. E-DVILR.1.2 is also being
amended to include partners granted leave under paragraph 352A where their sponsor
has not yet gained indefinite leave to remain.

•    To clarify, only one grant of leave can be made under paragraph 352A. There is
therefore no reference in E-DVILR.1.2.(a) to a subsequent grant of leave being made
under this section.