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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.

Some Positive Changes for Students

  • As of 6th July 2018, students from an additional 11 countries including China, Japan, South Korea and Thailand will be able to produce a reduced level of documentation when applying for Tier 4 Visas.
  • The minimum length that a postgraduate course needs to be in order for a Tier 4 student to bring dependents to the UK has been reduced from  12 months to 9 months.
  • And evidence of previous qualifications now includes print-outs from awarding bodies’ online checking services.

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

Details of new post-Brexit Settlement Scheme published

The Home Office has published a “Statement of Intent” outlining its planned “Settlement Scheme” for when the UK leaves the EU. It is not set in stone but gives some strong indications of what the scheme will involve.

Read more here.

The new Settled Status will apply to EU citizens and family members who have lived continuously in the UK for five years (Similarly to the current status of permanent residence).

It may be easier to acquire than permanent residence for certain groups of EU nationals who currently need to have held comprehensive medical insurance for the relevant five years. This should be good news for students and stay-at-home parents.

An application for Settled Status will cost £65 but will be free for those who already have confirmation of permanent residence or indefinite leave to remain.

Children will need to apply at a cost of £32.50 for those under 16 years old.

It will be an online application and it is hoped that it will be “short, simple and user-friendly”- (Let’s wait and see!!)

The scheme is not yet open although the Home Office expect it to be by the end of 2018. There will be no immediate requirement to apply.

Further details of the scheme will be outlined on this website once we know more.

Resident Labour Market Test and “Find a Job”

As of today, “Universal Jobmatch” will be replaced by a new service called “Find a Job”.

Employers will usually need to advertise their vacancies on “Find a Job” in order to meet the Resident Labour Market test.

Employer accounts with “Universal Jobmatch” can be accessed until 17 June 2018 and job applicants who view advertisements and who apply for vacancies before that date will still meet the requirements of the Resident Labour Market Test.

https://www.gov.uk/government/news/new-find-a-job-service-to-support-thousands-of-jobseekers-into-work

Undocumented Commonwealth Citizens – new guidance for employers

The Home Office has published new guidance for employers dealing with undocumented Commonwealth Citizens in light of the recent revelations about the “Windrush Generation”.

https://www.gov.uk/government/publications/undocumented-commonwealth-citizens-resident-in-the-uk/guidance-for-employers-conducting-right-to-work-checks-on-undocumented-commonwealth-citizens

For questions on the guidance or on any aspect of “Right to Work Checks” please contact me on info@jennyharveyimmigration.co.uk

Undocumented Commonwealth Citizens – new guidance for landlords

The Home Office has published new guidance for  landlords dealing with undocumented Commonwealth Citizens in light of the recent revelations about the “Windrush Generation.”

https://www.gov.uk/government/publications/undocumented-commonwealth-citizens-resident-in-the-uk/guidance-for-landlords-conducting-right-to-rent-checks-on-undocumented-commonwealth-citizens

For questions on the guidance or on any aspect of “ Right to Rent Checks” please contact me on info@jennyharveyimmigration.co.uk

Approved English Language Tests for Immigration Applications

The list of approved tests and providers has been updated as per the link below.

 

https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests?utm_source=40cbbd53-08c8-4535-9ada-c360e7fba9b4&utm_medium=email&utm_

 

It’s also useful to note the guidance on Identification Requirements for Test Candidates.

New Home Office Forms Introduced on 6th April 2018

You will need to check that you have completed the most recent version of your application form.

 

For assistance with this or any aspect of your application please contact me on info@jennyharveyimmigration.co.uk