UK: Changes to Immigration Rules and Guidance

Recent months have seen a flurry of changes to the rules and guidance issued by the Home Office. Therefore we have put together a quick summary of some significant changes  that might be useful as we approach the New Year.

1. As previously reported, Sponsor”s in many of the streams of the Points Based System will be required to keep on file evidence of the qualifications, skills or experience that made them eligible for the position they are taking. Please refer to our previous update.

2. EEA nationals are now required to obtain Permanent Residency (PR) certification prior to making an application for Citizenship.

3. From April 2016 Tier 2 applicants will be required to earn in excess of a minimum threshold of £35,000 per annum.  In addition to proving the employees continued requirement by the employer,  and the employees compliance with the job description and financials of their particular Standard Occupational    Classification (SOC) code.

4. The Home Office have issued internal guidance to cut down on applications made without a genuine vacancy. The Home Office, in their own words, will be looking to particularly target applications:

  • Which contain an exaggerated or incorrect job description, to deliberately make it appear to meet the requirements of the Tier 2 (ICT): short and long term staff subcategories when they do not.

  • For a job or role that does not exist in order to enable a migrant to come to, or stay in the UK.

  • Advertisements with requirements that are inappropriate for the job on offer, and have been tailored to exclude resident workers from being recruited.

If you have any questions on these or any other recent changes please do not hesitate to get in touch.

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