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Changes to the Immigration Rules

immigration

Today, the Home Office has published a Statement of Changes in Immigration Rules. Apart from changes in relation to the EU Settlement Scheme that shall take effect on 24 August 2020, all other changes shall take effect on 4 June 2020.

Changes to the EU Settlement Scheme (EUSS)

  1. Eligible family members of the people of Northern Ireland will be able to apply for UK immigration status under the EUSS.
  2. On the condition of satisfying continuous residence in the UK, any family member whose relationship with an EEA citizen has broken down permanently due to domestic violence or abuse will be able to apply for status under the EUSS.

Changes to the Start-up and Innovator categories

  1. It was made clear that applicants must be founders of their businesses and be relying on their own business plans in order for them to be endorsed. Also, an innovator applicant’s business may be already trading, given that s/he was one of its founders.
  2. If decision-makers have concerns that an endorsement has been issued inappropriately, they could request further information/ evidence from applicants or their endorsing bodies. They may even refuse applications if they are not satisfied the endorsement criteria have been met.
  3. Without having to make a fresh application or obtain a fresh endorsement, applicants may change their business venture given that their endorsing body is satisfied the new venture meets all of the criteria for endorsement.
  4. Further to the point above, applicants who have changed their business venture could still apply under the “same business” criteria in their next Innovator application.
  5. Higher Education Providers could become Innovator endorsing bodies, where Government Departments could also become endorsing bodies.

For students sponsored for their studies in the UK by a government or international scholarship agency

Written consent must be obtained from the relevant organisation. Such requirement applies to both entry clearance and leave to remain applications in the categories listed in Appendix W in the Immigration Rules.

Global Talent

  1. Applicants who currently hold leave under Tier 1 (Exceptional Talent) and would like to extend their stay must apply under the extension requirements for the Global Talent category.
  2. Applicants may be allowed to provide evidence of awards from 10 years rather than 5 years before the date of application.
  3. If requested by endorsing bodies, letters of recommendation will be restricted to 3 sides of A4, excluding the credentials of the author.
  4. You can read more about the small technical changes made under this category in the Statement of Changes.

Representative of an Overseas Business

  1. It was made clear that a branch of an overseas business must not be established in the UK solely for the purpose of facilitating the entry and stay of the applicant.
  2. It was clarified that applicants must be senior employees and cannot engage in their own business or represent any other business in the UK.
  3. An amendment was made to prevent majority owners from entering as the dependent spouse, civil partner, unmarried or same-sex partner of a representative of their own business. 

Changes relating to family life

10 more accounting organisations will be included to enable an accountant to provide evidence under the rules.

You can read more about the statement of changes to the Immigration Rules via the link below:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/885017/CCS207_CCS0520583832-001_Statement_of_changes_in_Immigration_Rules_CP_232_Web_accessible.pdf

Should you have any questions about the changes to the Immigration Rules, please do not hesitate to contact our professional team of Immigration Solicitors at Barar and Associates at barar.london@bararassociates.co.uk or call us on 020 7487 8370. You can access more information about us via https://bararassociates.com/.