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Relaxation of Rules on Absences Calculation

Certain visa categories including Tier 1 entrepreneurs and  Tier 2 (General) workers require an Applicant to show “continuous residence” for a 5-year period when applying for indefinite leave to remain in the UK.

“Continuous residence” can be broken by absences of 180 days or more in 12 months. This used to mean that an Applicant should not have been out of the UK for more than 180 days in any of the 5 years preceding the date of their application.  A new rule brought in on 11th January 2018 meant that an application could be refused if at any point over the 5 years in question the limit was exceeded in any rolling 12 month period.

The new rule was applied retrospectively and has led to widespread condemnation. It has now, from 6th July 2018,  been relaxed, meaning that it won’t apply to absences occurring during leave granted prior to 11th January 2018.

For more information about this or for any question about applying for indefinite leave please contact Jenny Harvey on info@jennyharveyimmigration.co.uk.

Croatian Nationals – unrestricted rights to work in the UK

Croatian Nationals – unrestricted rights to work in the UK as of Sunday 1st July 2018.

 

From that date, employers may accept Croatian passports as proof of the right to work and Sponsors will need to update their systems as employees will no longer need authorisation to work.

Employers – a new guide on right to work checks

Employers – a new guide on right to work checks has been published.

 

Please see link below.

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/720858/29_06_18_Employer_s_guide_to_right_to_work_checks.pdf

Changes to minimum income rule for partners and children where there are “exceptional circumstances.”

The Home Office must now consider whether additional  sources of income , financial support or funds should be taken in to account when deciding whether to allow partners and children to enter or remain in the UK under “ Appendix FM “ of the immigration rules. Third party financial support could now be regarded as relevant , and so could future earnings from employment or self- employment. This long-awaited softening of the rules will be welcome to many but there is a lot of detail to consider before an application is made.

Are there “exceptional circumstances”?

Is an offer of financial support “credible and guaranteed”?

Is the prospect of employment or self-employment credible and sustainable”?

 

Leave granted under the new rules will mean an applicant waiting for ten years to settle rather than five years as normal and  it would be wise to  take legal advice before making an application.