The Home Office Statement of Changes to the Immigration Rules HC1078 which was enforced on 6 April 2017 is the latest Individual Immigration Rules update. Changes introduced include relate to family and private life. This Statement of Changes is supplemented by an explanatory memorandum to assist in the understanding of some of the reports complexities; however successful applications will still require guidance by our expert Immigration Solicitors.
Individual Immigration Rules Update Relating to Tier 4 Visa Applicants
The latest individual Immigration Rules update has brought many changes to the Tier 4 Points Based System. This is the route used by non-EEA nationals who are wishing to study in the UK. Tier 4 consists of two categories, Tier 4 (General) and Tier 4 (Child). One of the changes that have been made to Tier 4 are that Tier 4 (General) applicants and Tier 4 (Child) applicants who are under the age of 18 must provide confirmation from a parent or guardian that they consent to the arrangements for the child’s travel to, and reception and care in the UK. The amendment is being made to require evidence of the relationship between the applicant and the person providing consent. Moreover, under Tier 4 (General), all applicants aged 16 and over are required to verify to the Secretary of State that they are a genuine student. To ensure consistency between the routes, an amendment is being made to Tier 4 (Child) to apply the Genuine Student Rule to those applicants who are aged 16 and over.
A minor change in the individual Immigration Rules update relating to Tier 4 applicants is that the language has been simplified when referring to an applicant’s valid passport. An amendment has also been made to clarify that where an applicant is applying for leave to undertake an intercalated Bachelor’s or Master’s degree course or PhD where they are studying Medicine, Veterinary Medicine and Science, or Dentistry as their principal course of study, or to complete their principal course, having completed a period of intercalation, they are exempt from the requirement to show academic progression.
With regards to applicants who have a younger sibling who is being accompanied by their parent(s) on the Parent of a Tier 4 (Child) route, a revision is being made to provide for the applicant to show maintenance on the basis that they will reside with their parent(s).
Individual Immigration Rules Update Relating to Visitor Rules
There have been amendments to visitor rules in the most recent Statement of Changes, to make clear that visit visas can be made at any post in the world that is designated by the Home Secretary to accept such applications.
Appendix 5 to Appendix V of the Immigration Rules comprises a list of events that are Permit Free Festivals. Permit Free Festivals are events that are assessed as contributing to the cultural heritage of the UK and at which performers can, exceptionally, be paid for their participation as visitors. Visitors cannot normally receive payment from a UK source for any permitted activities which they carry out here. The list has now been updated for 2017/18 and is part of the individual Immigration Update.
Individual Immigration Rules Update Regarding Private and Family Life
Police Injury Pension has been added to the list of specified benefits received by the Sponsor, alongside the Armed Forces equivalents. This means that an applicant is exempt from the requirement to meet the minimum income threshold.
In addition, the latest individual Immigration Rules update provides clarity to applicants who wish to enter the UK as a fiancé or proposed civil partner, to enable them to marry or form a civil partnership here must be free to marry or form a civil partnership at the date of application. It has also been clarified that a marriage in the UK must be recognised under Marriage Law in the relevant part of the UK.
A minor change found in the individual Immigration Rules update is that Limited Leave to Remain that is granted to a child in line with the leave granted to their parent has been amended to be subject to the same condition as to recourse to public funds.
Individual Immigration Rules Update Relating to Overstayers
Amendments have been made to Paragraph 320(7B)(i) and Appendix V paragraph 3.9(a), which has reduced the period of overstaying which is permitted before a re-entry ban is imposed on those individuals who have remained in the UK after their Leave to Enter or Leave to Remain has expired. Previously, anyone who had overstayed for more than 90 days was subject to a 12 month re-entry ban; however the amendment means it has now been reduced to 30 days which is a key individual Immigration Rules update.
Using Legal Representation for Individual Immigration Visa Applications
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an individual application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
The full Statement of Changes can be found at: Statement of Changes to Immigration Rules LEXVISA Solicitors.
The Memorandum to the Statement of Changes can be found at: Memorandum to the Statement of Changes to Immigration Rules LEXVISA Solicitors.
Successful Individual Immigration Visa Applications
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.