Важные изменения в иммиграционных Правилах Великобритании (май 2020)
Part 1
>>> Statement of Changes to the Immigration Rules CP 232 (14 May 2020:https://www.google.com/url?sa=t&rct=...eurMAGLVgpdXa5
This makes a variety of changes to the EU settlement scheme, the representative of an overseas business category and the Start-up and Innovator categories, among others.
Most important updates in more details, below.
<> Sole Representative route changes:
- An amendment is being made to prevent an overseas business sending a representative to facilitate their entry to the UK when there is no genuine intention for them to establish a branch or subsidiary in the UK;
- Clarification is being added to reflect that overseas businesses must be active and trading and intend to maintain their principal place of business outside the UK;
- An amendment is being made to reflect that applicants must have the skills, experience, knowledge and authority to represent the overseas business in the UK;
- Clarification is being added to reflect that applicants must be senior employees and cannot engage in their own business or represent any other business in the UK;
- An amendment is being made to reflect that the ownership of overseas businesses is not limited to businesses that issue shares. Where the Rules used to say that a sole representative should not be “a majority shareholder in the overseas business”, they now say the sole representative should not “have a majority stake in, or otherwise own or control, that overseas business, whether that ownership control is by means of shareholding, partnership agreement, sole proprietorship or any other arrangement”.
- An amendment is being made to prevent majority owners from entering as the dependent spouse, civil partner, unmarried or same-sex partner of a representative of their own business. This will prevent owners circumventing the rules intended to prevent them relocating their business to the UK under this route.
- An amendment is being made to the extension criteria to clarify that the branch or subsidiary must have been established in the UK, and not overseas.
<> Changes to the Start-up and Innovator categories
- Changes are being made to make it clearer that, to be endorsed, applicants must be founders of their businesses and be relying on their own business plans. These changes also clarify that an Innovator applicant’s business may be already trading, providing they were one of its founders.
- A provision is being added for decision makers to request further information or evidence from applicants or their endorsing bodies, if they have concerns that an endorsement has been issued inappropriately, and to refuse applications if they are not satisfied the endorsement criteria have been met.
- The “viability” criteria are being amended to also require that a business plan must be realistic and achievable based on the applicant’s available resources.
- The policy around applicants who wish to change their business venture, previously only set out in guidance for endorsing bodies, is being added to the Immigration Rules. This sets out that applicants may change business venture, providing their endorsing body is satisfied the new venture meets all of the criteria for endorsement. The applicant does not need to obtain a fresh endorsement or make a fresh application.
- A provision is being added so that if an applicant has changed business venture in this way, it will not prevent them applying under the “same business” criteria in their next Innovator application. This is particularly important for applicants switching from Start-up to Innovator, as they would otherwise need to meet the £50,000 funding threshold for “new business” applications.
- Changes are being made to the criteria for becoming endorsing bodies in both categories. The criteria for Start-up and Innovator endorsing bodies are being made consistent, the main effect of which is to enable Higher Education Providers to become Innovator endorsing bodies. A further change is being made to enable Government Departments to become endorsing bodies.
<> Global Taent route changes
- Applicants who already hold leave under Tier 1 (Exceptional Talent) who want to extend their stay must apply under the extension requirements for the Global Talent category, rather than obtaining a new endorsement from an Endorsing Body. Changes have been made to the Immigration Rules to clarify this.
- The criteria for consideration by the Producers Alliance for Cinema and Television (PACT) allows some applicants to provide evidence of awards from the 10 years before the date of application. An erroneous requirement limiting evidence to being from the last five years has therefore been removed.
- At the request of the endorsing bodies, letters of recommendation have been restricted to three sides of A4, excluding the credentials of the author. This prevents applicants providing lengthy letters of recommendation to circumvent other restrictions on the amount of evidence which can be provided and ensures that evidence focuses on the key skills and contributions of applicants to aid consideration of applications. The requirement is being applied to all endorsing bodies for consistency.
- A small number of technical changes applying to digital technology applicants have been made at the request of Tech Nation, including increasing the length of documents allowed to demonstrate key and qualifying criteria from two A4 sides to three A4 sides. This ensures consistency with the maximum length of a curriculum vitae.
- Two amendments have been made at the request of UK Research and Innovation (UKRI), adding a further acceptable host organisation under its endorsed funder route, and clarifying that the confirmation of the award must come from the endorsed funder rather than the host organisation.
- An amendment has been made at the request of the Royal Society, British Academy and Royal Academy of Engineering, to clarify that research experience equivalent to a PhD, includes industrial and clinical research for both exceptionally talented and exceptionally promising applicants.
- A number of technical changes applying to arts and culture applicants, including fashion design, have been made at the request of Arts Council England and their sub-endorser, the British Fashion Council. This includes clarification that the British Fashion Council consider applications specifically for those involved in fashion design rather than the wider industry, and minor amendments to the evidential criteria for letters of support.
>>> Statement of Changes to the Immigration Rules CP 232 (14 May 2020:https://www.google.com/url?sa=t&rct=...eurMAGLVgpdXa5
This makes a variety of changes to the EU settlement scheme, the representative of an overseas business category and the Start-up and Innovator categories, among others.
Most important updates in more details, below.
<> Sole Representative route changes:
- An amendment is being made to prevent an overseas business sending a representative to facilitate their entry to the UK when there is no genuine intention for them to establish a branch or subsidiary in the UK;
- Clarification is being added to reflect that overseas businesses must be active and trading and intend to maintain their principal place of business outside the UK;
- An amendment is being made to reflect that applicants must have the skills, experience, knowledge and authority to represent the overseas business in the UK;
- Clarification is being added to reflect that applicants must be senior employees and cannot engage in their own business or represent any other business in the UK;
- An amendment is being made to reflect that the ownership of overseas businesses is not limited to businesses that issue shares. Where the Rules used to say that a sole representative should not be “a majority shareholder in the overseas business”, they now say the sole representative should not “have a majority stake in, or otherwise own or control, that overseas business, whether that ownership control is by means of shareholding, partnership agreement, sole proprietorship or any other arrangement”.
- An amendment is being made to prevent majority owners from entering as the dependent spouse, civil partner, unmarried or same-sex partner of a representative of their own business. This will prevent owners circumventing the rules intended to prevent them relocating their business to the UK under this route.
- An amendment is being made to the extension criteria to clarify that the branch or subsidiary must have been established in the UK, and not overseas.
<> Changes to the Start-up and Innovator categories
- Changes are being made to make it clearer that, to be endorsed, applicants must be founders of their businesses and be relying on their own business plans. These changes also clarify that an Innovator applicant’s business may be already trading, providing they were one of its founders.
- A provision is being added for decision makers to request further information or evidence from applicants or their endorsing bodies, if they have concerns that an endorsement has been issued inappropriately, and to refuse applications if they are not satisfied the endorsement criteria have been met.
- The “viability” criteria are being amended to also require that a business plan must be realistic and achievable based on the applicant’s available resources.
- The policy around applicants who wish to change their business venture, previously only set out in guidance for endorsing bodies, is being added to the Immigration Rules. This sets out that applicants may change business venture, providing their endorsing body is satisfied the new venture meets all of the criteria for endorsement. The applicant does not need to obtain a fresh endorsement or make a fresh application.
- A provision is being added so that if an applicant has changed business venture in this way, it will not prevent them applying under the “same business” criteria in their next Innovator application. This is particularly important for applicants switching from Start-up to Innovator, as they would otherwise need to meet the £50,000 funding threshold for “new business” applications.
- Changes are being made to the criteria for becoming endorsing bodies in both categories. The criteria for Start-up and Innovator endorsing bodies are being made consistent, the main effect of which is to enable Higher Education Providers to become Innovator endorsing bodies. A further change is being made to enable Government Departments to become endorsing bodies.
<> Global Taent route changes
- Applicants who already hold leave under Tier 1 (Exceptional Talent) who want to extend their stay must apply under the extension requirements for the Global Talent category, rather than obtaining a new endorsement from an Endorsing Body. Changes have been made to the Immigration Rules to clarify this.
- The criteria for consideration by the Producers Alliance for Cinema and Television (PACT) allows some applicants to provide evidence of awards from the 10 years before the date of application. An erroneous requirement limiting evidence to being from the last five years has therefore been removed.
- At the request of the endorsing bodies, letters of recommendation have been restricted to three sides of A4, excluding the credentials of the author. This prevents applicants providing lengthy letters of recommendation to circumvent other restrictions on the amount of evidence which can be provided and ensures that evidence focuses on the key skills and contributions of applicants to aid consideration of applications. The requirement is being applied to all endorsing bodies for consistency.
- A small number of technical changes applying to digital technology applicants have been made at the request of Tech Nation, including increasing the length of documents allowed to demonstrate key and qualifying criteria from two A4 sides to three A4 sides. This ensures consistency with the maximum length of a curriculum vitae.
- Two amendments have been made at the request of UK Research and Innovation (UKRI), adding a further acceptable host organisation under its endorsed funder route, and clarifying that the confirmation of the award must come from the endorsed funder rather than the host organisation.
- An amendment has been made at the request of the Royal Society, British Academy and Royal Academy of Engineering, to clarify that research experience equivalent to a PhD, includes industrial and clinical research for both exceptionally talented and exceptionally promising applicants.
- A number of technical changes applying to arts and culture applicants, including fashion design, have been made at the request of Arts Council England and their sub-endorser, the British Fashion Council. This includes clarification that the British Fashion Council consider applications specifically for those involved in fashion design rather than the wider industry, and minor amendments to the evidential criteria for letters of support.
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<> EU Settlement Scheme changes:
- In line with ‘New Decade, New Approach’ published by the UK and Ireland on 9 January 2020 ahead of the restoration of devolved government in Northern Ireland,1 to bring family members of the people of Northern Ireland within the scope of the EUSS (and of the EUSS family permit and travel permit). This will mean that eligible family members of the people of Northern Ireland will be able to apply for UK immigration status, under the EUSS, on the same terms as the family members of Irish citizens in the UK. This immigration status will be available to the family members of all the people of Northern Ireland, no matter whether the person of Northern Ireland holds British or Irish citizenship or both, and no matter how they identify;
- To extend the scope for victims of domestic violence or abuse to apply for status under the EUSS. In line with the Withdrawal Agreement and the Free Movement Directive, this is currently limited to a former spouse or civil partner whose marriage or civil partnership has been legally terminated and who was a victim of domestic violence or abuse while the marriage or civil partnership was subsisting. Consistent with the Government’s wider commitment to tackling domestic violence or abuse and protecting victims of it, the changes will mean that any family member within the scope of the EUSS (a spouse, civil partner, durable partner, child, dependent parent or dependent relative) whose family relationship with a relevant EEA citizen (or with a qualifying British citizen) has broken down permanently as a result of domestic violence or abuse will have a continued right of residence where this is warranted by domestic violence or abuse against them or another family member. They will be able to rely on this, together with their own continuous residence in the UK, in applying for status under the EUSS;
- To provide scope, consistent with the Free Movement Directive, for their children and other family members, as well as their spouse or civil partner, to have a continued right of residence in particular circumstances following the legal termination of the marriage or civil partnership of a relevant EEA citizen (or of a qualifying British citizen). Those circumstances will include where the marriage or civil partnership had lasted for at least three years prior to the initiation of proceedings for its termination and the couple had lived together in the UK for at least a year during its duration. The family member will be able to rely on this continued right of residence, together with their own continuous residence in the UK, in applying for status under the EUSS;
- To provide scope for a family member applying under the EUSS or for an EUSS family permit, where this is necessary for the purposes of deciding whether they meet the eligibility requirements, to be required to provide a certified English translation of (or a Multilingual Standard Form to accompany) a document submitted as required evidence of the family relationship (or as certain required evidence of qualification for an EUSS family permit) on which their application relies;
- To refer to scope for an EUSS application made on a paper application form to be submitted by e-mail rather than by post, where a Home Office e-mail address is specified on the form; and
- To clarify the circumstances in which a continuous qualifying period of residence on which an applicant relies for their eligibility for status under the EUSS does not have to be continuing at the date of application
Appendix FM
Two final welcome amendments to the rules on family migration.
The first is on criminal convictions. Where an applicant was sentenced to a period of imprisonment of between 12 months and four years, their application for limited leave to remain should only be refused for ten years after the end of the sentence. It was always bizarre, and probably an oversight, that Appendix FM allowed decision-makers to refuse an application forever in those circumstances. By contrast, the general grounds for refusal, which are traditionally stricter than the suitability requirements of Appendix FM, limited the refusal to a period of ten years.
When relying on self-employment to meet the financial requirements, applicants must submit accounts signed by accountants from specified accounting organisations. The rules relating to which organisations were acceptable were stricter under Appendix FM-SE compared to the rules for economic migrants. They have now been expanded to be consistent. I emailed the Family Policy department on at least three occasions about this, and I like to think they made the change because they were tired of me!
Finally, the rules relating to fiancé(e) visas confirm that the purpose of the route is to allow couples to get married in the UK.