The latest Statement of Changes to the Immigration Rules HC 813 was published last night on 22 October 2020 and contains 514 pages of details on the up and coming changes to the UK’s immigration system. Thankfully the Home Office has also released a 52-page Explanatory Memorandum explaining the key changes for anyone who wants to know of the amendments but doesn’t want to read the entire Statement. Most of the changes are resulting from Brexit, as EU nationals entering the UK from 1 January 2021, will be subject to stricter immigration rules in that they will have to make visa applications in similar ways to non-EEA nationals currently if they wish to enter the UK to live, work, study and visit. Whilst we will go into more detail for all of the changes to each visa route, this article will provide an overview as to the main changes that are expected to happen over the next few months.
Statement of Changes October 2020: Changes for skilled workers
The new skilled worker route is a new points-based route replacing the Tier 2 route for workers who wish to come to the UK for the purpose of undertaking skilled work for which they have received a job offer for. The job offer must be from a UK employer that has been licensed by the Home Office to sponsor non-British and settled workers. Applicants will come to the UK to do a specific skilled job which meets salary requirements. On the Intra-Company Transfer route changes are being made to the cooling-off period which exists under the current Tier 2 routes. The provision for high earners and the ability of people to move onto the route when already in the UK has been changed.
Statement of Changes October 2020: Changes to student routes
The maintenance levels for the student and child student visa routes are being amended in line with the current home student maintenance loans.
The current short-term student visa will be replaced by a new short-term study route for non-British or settled students who wish to come to the UK to study an English language course between 6 and 11 months at an accredited institution. Students who wish to come to the UK to study for 6 months or less may now do so under the visit visa route (as mentioned below).
Statement of Changes October 2020: Changes to the EU Settlement Scheme (EUSS)
The EUSS is for EEA and Swiss citizens (and their family members) to continue living in the UK by the end of the Brexit transition period by obtaining immigration status in the UK. Those who want to to remain in the UK after 30 June 2021 with the same rights to work, study and access benefits and services as they had before the UK left the EU will need to either have pre-settled or settled status under the EUSS. EUSS Family Permits can be used for the non-EEA national family members of EEA and Swiss nationals who are currently outside the UK but wish to live in the UK with their family member. Amendments are being made to the rules for non-EEA family members under the Immigration Rules Appendix FM. This is to enable an EEA or Swiss citizen with limited leave under the EUSS on the basis of being resident in the UK before the end of the transition period to sponsor new family members who are not covered by the EUSS to come to or remain in the UK after.
Statement of Changes October 2020: Changes for visitors
As mentioned above, the latest changes to the visitor rules include allowing study of up to 6 months on the standard visit visa route. These studies must be undertaken at an accredited institution except recreational courses undertaken for the purposes of leisure that last no longer than 30 days. The requirement for any volunteering to be related to the main purpose for the visit has been removed.
Statement of Changes October 2020: Changes to the right to Administrative Review
Amendments to Appendix AR: Administrative Review mean that refusals under the following visa routes carry the right to administrative review:
- Student and Child student;
- Short-term Study visa;
- the Parent of a Child Student visa;
- Skilled Worker visa;
- Intra-Company routes Worker;
- Tier 2 Minister or Religion and Tier 2 Sportsperson visa;
- Representative of an Overseas Business;
- UK Ancestry visa;
- Global Talent visa;
- Start-up and Innovator visa;
- Tier 5 Seasonal Worker visa;
- Tier 5 Youth Mobility Scheme;
- Tier 5 Temporary Worker visa categories;
- Tier 5 Government Authorised Exchange Worker visa;
- Hong Kong British National (Overseas); and
- EU Settlement Scheme.
The Home Office decision letter will inform the Applicant how they are able to challenge or review the decision if the decision is able to be challenged or reviewed.
Using our Immigration Solicitors in London to submit a successful UK Visa application in light of the recent Statement of Changes
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a new Student Visa. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
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, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successful UK Visa applications with our Immigration Solicitors in London
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 prospects of submitting a UK Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a UK Visa application.
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 to discuss an application to the Home Office.
Contact our London immigration solicitors on 02030110276 or complete our contact form.