The government has announced a new statement of changes to the Immigration Rules along with the customary explanatory memorandum. For those, unlike me, who do not spend their spare time scouring the Rules on an almost daily basis, what this means is that the government has published the changes it plans to make to the rules that govern what applicants need to do to qualify for various types of visas to the UK.
The changes are extensive and will require detailed consideration by those planning to apply to come to and remain in the UK from December 2020 onwards. They are too complex to explain in detail in this blog, but it is worth summarising what is changing and when:
- There are more validity requirements introduced for most visa routes.
- There are extensive changes to the general grounds for refusal.
- Amendments are made to the English language requirement, including that applicants only need to prove the required level of English once.
- Changes are made to some of the financial requirements (but not to the minimum income threshold for spouses).
- Overstaying between 24 January 2020 and 31 August 2020 (i.e. the first period where the country was in the grip of COVID-19) is disregarded under paragraph 39E.
- A new Appendix Continuous Residence is included which specifically refers to absences due to the pandemic.
- There are substantive changes for visitors, including that visitors can now study for up to six months (previously 30 days).
- The announcement that the Tier 2 route is to be replaced by a new Skilled Worker route is formalised. This includes the lowering of the minimum skill threshold, the general salary threshold, the removal of the Tier 2 cap and the Resident Labour Market Test.
There are a number of other changes that have been announced but most of these are relatively fiddly and have not been addressed above.
Most of the above changes take effect on 1 December 2020.
At Elaahi & Co Solicitors, we specialise in understanding complex legal rules and providing you with clear, straightforward advice on how they apply to your case. If you need advice on how the newly announced changes to the Immigration Rules affect you, contact our expert team of immigration lawyers a call on 020 3930 3831. We are here to help you.
