New Changes to Immigration Rules
02 November 2014
As well as the changes to the Tier 1 Investor route (see our previous article), a number of amendments have been made to other visa routes.
One positive change is that, from 6 November, applicants will be able to correct errors or omissions in their applications that would have made their applications invalid.
The specific changes to the different visa routes are outlined below.Tier 2
The following changes will apply from 6 November:
- Tier 2 applications may be refused if Home Office officials have reasonable suspicion that there is no genuine vacancy.
- The Home Office will undertake more checks to ensure that Tier 2 migrants working on third-party sites are undertaking project-based, rather than routine, work.
- Tier 2 (General) extension applications will be accepted if they are out of time but no more than 28 days after the expiry of the previous visa.
Since 20 October, the option of an Administrative Review application has been offered to Tier 4 (General) applicants who have had a Leave to Remain application refused. Applicants can make this application within 14 calendar days of their refusal.Tier 1 (Entrepreneur)
From 6 November:
- Tier 1 (Entrepreneur) applicants who are making initial applications within the UK must prove that they hold the necessary funds within the UK.
- If a Tier 1 (Entrepreneur) migrant applies for Indefinite Leave to Remain and has not previously provided the evidence above, they must show that they have invested the funds in a UK business.
From 1 January 2015, the number of places on the Youth Mobility Scheme for citizens of New Zealand will increase to 11,000.Visit visas
From 6 November, the following changes will apply:
- Lawyers travelling to the UK for business purposes may advise clients in the UK, provided that they are employed by an international law firm that has offices in the UK. They must continue to be paid overseas.
- Private medical visitors will be able to apply for an initial visa of up to 11 months and an extension of up to 6 months at a time, if they have an ongoing need.
- If a Home Office official has reasonable grounds to believe that an overseas domestic worker on a visitor visa is effectively living in the UK, the worker may be refused entry. This applies to such visas issued after 5 April 2012.
- Regarding the English language requirement, the Home Office may disregard test results submitted with an application for Indefinite Leave to Remain if an interview with the Home Office indicates that the applicant does not meet the knowledge of life in the UK requirement. The applicant may be required to retake the relevant test.