Дайджест изменений в Законе с 06 сентября 2012 года
Дайджест изменений в Законе с 06 сентября 2012 года
Есть интересные изменения. Например, ребенок PBS мигрантов получает ILR если оба родителя подают на ILR (но читайте все в контексте Правил; как всегда есть transitional arrangements).
New Statement of Changes in Immigration Rules HC 565 into force 6 September
Family Immigration
Extends Appendix FM-SE (inserted by Cm 8423) in the words of the Explanatory note "clarifies the drafting of some aspects", and applies the evidential requirements "where relevant" to family route applications under Part 8 of the Immigration Rules.
Again to quote the Explanatory note "clarifies the drafting" of some aspects of
Appendix FM and makes additional transitional provisions, in particular as to the operation of Part 8 of the Rules
Long residence and private life
You've guessed it - "clarifies the drafting" of paragraphs 276A-276BE of the Immigration Rules as they deal with applications for leave to remain on the basis of private life and makes additional transitional provisions as to the operation of Part 7 of the Rules.
Overseas Domestic Workers in private households
( Paragraphs 159A-EA) Evidential requirements.
Private servants in diplomatic households
The Tier 5 International Agreement category.(Paragraphs 245ZO and 245ZQ)
Specify the form in which evidence is to be produced.
Life in the UK Test
Specify the current approved provider as being Learndirect limited.
Points-Based System – General
The mandatory information that Sponsors of Tier 4 (General) Students must provide on a Confirmation of Acceptance for Studies (the electronic document that provides evidence of sponsorship) is being incorporated into the Rules.
Other finickity detail on maintenance is incorporated into the Rules.
Appendix J
Error corrected, to confirm that jobs with a salary of £70,000 or above are exempt from the requirement to be advertised in Jobcentre Plus (or JobCentre Online in Northern Ireland), not £150,000 or above as stated in Cm 8423.
Appendix I
Which contains rules which it is planned will apply to applications for settlement made in the Tier 2 general and sportpersons categories from April 2016. The Rules are being amended to make it explicit that the requirement to be met is that the applicant is earning £35,000 or the appropriate rate at the point they apply for ILR.
Changes are being made to the table of Government Authorised Exchange Schemes within Tier 5 (Temporary Worker). A new Korean Teacher Exchange Programme has been added to the list of approved schemes, and the overarching sponsor which operates the Mandarin Teachers Programme has changed.
We are informed that "Corrections are being made to paragraph numbering and cross-referencing within the Rules."
Amendments to Tier 1 of the Points-Based System
Changes described as minor to the Exceptional Talent category. Also allowing for in-country applications from those in the UK under Tier 2 general or Tier 5 (Temporary Worker) who are sponsored researchers. No longer any requirement for a unique reference nuimber. This is feted as reducing bureaucracy, which is a bit hard to stomach in the context of this set of rule changes.
Also addresses being economically active and evidence of earnings.
Tier 4 of the Points Based System Annexe H
Revisions to list of countries needing higher levels of compliance: Botswana and Malaysia. (Yes, you can cross refer to reducing bureaucracy above. But you may get upset.
Dependants of Points Based System Migrants
Partners of Points Based System migrants who entered the UK after 9 July 2012.
Where the main Points Based System migrant obtains settlement prior to
their partner, these changes will enable the dependant to obtain a grant of further leave to remain in the Points Based System dependant category, rather than requiring the partner to apply for leave to remain as the partner of a person who has subsequently settled.
Where the Points Based System migrant has obtained settlement and their partner applies for further leave to remain as a Points Based System dependant, the duration of any leave will be for three years at a time to allow for the possibility that the partner will not meet the requirements for settlement on completion of the five year probationary period.
These changes also allow the Points-Based System migrant’s partner to amalgamate leave granted to them as the dependant of a Relevant Points Based System Migrant, together with any leave granted to them as the spouse, civil partner, unmarried or same-sex partner of that same person when they held leave under another category of these Rules, and count that towards the probationary period for settlement.
Changes are also being made to the rules for children of Points Based System
Migrants (paragraphs 319F to 319J) to enable a child to join their parents in the UK after the relevant Points Based System migrant has been granted settlement and to provide that, unless the Relevant Points Based System Migrant has sole parental responsibility, a child should not be granted settlement in the UK until both his parents are settled or about to become settled.We are told " These changes close a lacuna in the existing provisions and ensure consistency with the Family rules (Appendix FM)." We are not told "We forgot".
We are told "A minor, technical change is being made to the transitional provisions in HC 194 to make absolutely clear the interaction between Part 8 of the Rules and the new Family Migration Rules which came into force on 9 July. The change makes it clear to applicants that paragraphs 319AA-319J in Part 8 of the Rules continue to apply, to applications made on or after 9 July 2012, by persons who have made an application for entry clearance, leave to enter or remain as the spouse, civil partner, unmarried partner, same sex partner, or child of a Relevant Points Based System Migrant and that those Rules are not subject to any additional requirements listed in Appendix FM." Those who sweated blood over what this meant may not regard the change as so very minor.
Visitors
The conditions of leave for all categories of visitors have been amended to reflect that where stated, they have restrictions on taking up employment, study and accessing public funds.
Child visitors
The Rules have been amended to include the list of UK Border Agency
approved accreditation and inspection bodies for insti***ions where a child visitor has been accepted for a course of study. They also contain a requirement for an insti***ion to hold a valid and satisfactory full insti***ional inspection, review or audit from one of the specific inspection and audit bodies. The Rules also set out the types of schools where child visitors are permitted to undertake an exchange or educational visit.
Business visitors
The Rules have been amended to set out the permissible activities that business visitors can undertake in the UK. They also clarify that business visitors may carry out corporate training in the UK where it is delivered by an outside provider to overseas and UK employees of the same group of companies.
7.25. For individuals seeking leave to enter or to extend their leave as a Graduate undertaking the Professional and Linguistic Assessment Board (PLAB) Test, the Rules have been amended to specify the evidence required.
Sports visitor
The Rules have been amended to list the activities that a sports visitor may undertake during and in the margins of a sporting event, series of events and sports tournament.
Entertainer visitor
The Rules have been amended to list the cultural events and festivals that professional and amateur entertainers may take part in, this having previously been set out in guidance.
Student visitors
The Rules have been amended to list the UK Border Agency approved accreditation, inspection and audit bodies for insti***ions offering a course of study to student visitors. They also contain a requirement for an insti***ion to hold a valid and satisfactory full insti***ional inspection, review or audit from one of the specific inspection and audit bodies.
Visitors undertaking permitted paid engagements
The Rules have been amended to "clarify" that for professionals coming to undertake lectures in their area of expertise, they may do so only in as much as it does not extend to lecturing which replaces a formal teaching role. You call that a clarification?
Tuberculosis screening
Entry clearance applicants intending to come to the UK for over six months from countries where pre-entry screening is available will be required to present a certificate from a designated screening provider confirming that screening has been conducted and that the applicant is not suffering from active pulmonary tuberculosis.
Есть интересные изменения. Например, ребенок PBS мигрантов получает ILR если оба родителя подают на ILR (но читайте все в контексте Правил; как всегда есть transitional arrangements).
New Statement of Changes in Immigration Rules HC 565 into force 6 September
Family Immigration
Extends Appendix FM-SE (inserted by Cm 8423) in the words of the Explanatory note "clarifies the drafting of some aspects", and applies the evidential requirements "where relevant" to family route applications under Part 8 of the Immigration Rules.
Again to quote the Explanatory note "clarifies the drafting" of some aspects of
Appendix FM and makes additional transitional provisions, in particular as to the operation of Part 8 of the Rules
Long residence and private life
You've guessed it - "clarifies the drafting" of paragraphs 276A-276BE of the Immigration Rules as they deal with applications for leave to remain on the basis of private life and makes additional transitional provisions as to the operation of Part 7 of the Rules.
Overseas Domestic Workers in private households
( Paragraphs 159A-EA) Evidential requirements.
Private servants in diplomatic households
The Tier 5 International Agreement category.(Paragraphs 245ZO and 245ZQ)
Specify the form in which evidence is to be produced.
Life in the UK Test
Specify the current approved provider as being Learndirect limited.
Points-Based System – General
The mandatory information that Sponsors of Tier 4 (General) Students must provide on a Confirmation of Acceptance for Studies (the electronic document that provides evidence of sponsorship) is being incorporated into the Rules.
Other finickity detail on maintenance is incorporated into the Rules.
Appendix J
Error corrected, to confirm that jobs with a salary of £70,000 or above are exempt from the requirement to be advertised in Jobcentre Plus (or JobCentre Online in Northern Ireland), not £150,000 or above as stated in Cm 8423.
Appendix I
Which contains rules which it is planned will apply to applications for settlement made in the Tier 2 general and sportpersons categories from April 2016. The Rules are being amended to make it explicit that the requirement to be met is that the applicant is earning £35,000 or the appropriate rate at the point they apply for ILR.
Changes are being made to the table of Government Authorised Exchange Schemes within Tier 5 (Temporary Worker). A new Korean Teacher Exchange Programme has been added to the list of approved schemes, and the overarching sponsor which operates the Mandarin Teachers Programme has changed.
We are informed that "Corrections are being made to paragraph numbering and cross-referencing within the Rules."
Amendments to Tier 1 of the Points-Based System
Changes described as minor to the Exceptional Talent category. Also allowing for in-country applications from those in the UK under Tier 2 general or Tier 5 (Temporary Worker) who are sponsored researchers. No longer any requirement for a unique reference nuimber. This is feted as reducing bureaucracy, which is a bit hard to stomach in the context of this set of rule changes.
Also addresses being economically active and evidence of earnings.
Tier 4 of the Points Based System Annexe H
Revisions to list of countries needing higher levels of compliance: Botswana and Malaysia. (Yes, you can cross refer to reducing bureaucracy above. But you may get upset.
Dependants of Points Based System Migrants
Partners of Points Based System migrants who entered the UK after 9 July 2012.
Where the main Points Based System migrant obtains settlement prior to
their partner, these changes will enable the dependant to obtain a grant of further leave to remain in the Points Based System dependant category, rather than requiring the partner to apply for leave to remain as the partner of a person who has subsequently settled.
Where the Points Based System migrant has obtained settlement and their partner applies for further leave to remain as a Points Based System dependant, the duration of any leave will be for three years at a time to allow for the possibility that the partner will not meet the requirements for settlement on completion of the five year probationary period.
These changes also allow the Points-Based System migrant’s partner to amalgamate leave granted to them as the dependant of a Relevant Points Based System Migrant, together with any leave granted to them as the spouse, civil partner, unmarried or same-sex partner of that same person when they held leave under another category of these Rules, and count that towards the probationary period for settlement.
Changes are also being made to the rules for children of Points Based System
Migrants (paragraphs 319F to 319J) to enable a child to join their parents in the UK after the relevant Points Based System migrant has been granted settlement and to provide that, unless the Relevant Points Based System Migrant has sole parental responsibility, a child should not be granted settlement in the UK until both his parents are settled or about to become settled.We are told " These changes close a lacuna in the existing provisions and ensure consistency with the Family rules (Appendix FM)." We are not told "We forgot".
We are told "A minor, technical change is being made to the transitional provisions in HC 194 to make absolutely clear the interaction between Part 8 of the Rules and the new Family Migration Rules which came into force on 9 July. The change makes it clear to applicants that paragraphs 319AA-319J in Part 8 of the Rules continue to apply, to applications made on or after 9 July 2012, by persons who have made an application for entry clearance, leave to enter or remain as the spouse, civil partner, unmarried partner, same sex partner, or child of a Relevant Points Based System Migrant and that those Rules are not subject to any additional requirements listed in Appendix FM." Those who sweated blood over what this meant may not regard the change as so very minor.
Visitors
The conditions of leave for all categories of visitors have been amended to reflect that where stated, they have restrictions on taking up employment, study and accessing public funds.
Child visitors
The Rules have been amended to include the list of UK Border Agency
approved accreditation and inspection bodies for insti***ions where a child visitor has been accepted for a course of study. They also contain a requirement for an insti***ion to hold a valid and satisfactory full insti***ional inspection, review or audit from one of the specific inspection and audit bodies. The Rules also set out the types of schools where child visitors are permitted to undertake an exchange or educational visit.
Business visitors
The Rules have been amended to set out the permissible activities that business visitors can undertake in the UK. They also clarify that business visitors may carry out corporate training in the UK where it is delivered by an outside provider to overseas and UK employees of the same group of companies.
7.25. For individuals seeking leave to enter or to extend their leave as a Graduate undertaking the Professional and Linguistic Assessment Board (PLAB) Test, the Rules have been amended to specify the evidence required.
Sports visitor
The Rules have been amended to list the activities that a sports visitor may undertake during and in the margins of a sporting event, series of events and sports tournament.
Entertainer visitor
The Rules have been amended to list the cultural events and festivals that professional and amateur entertainers may take part in, this having previously been set out in guidance.
Student visitors
The Rules have been amended to list the UK Border Agency approved accreditation, inspection and audit bodies for insti***ions offering a course of study to student visitors. They also contain a requirement for an insti***ion to hold a valid and satisfactory full insti***ional inspection, review or audit from one of the specific inspection and audit bodies.
Visitors undertaking permitted paid engagements
The Rules have been amended to "clarify" that for professionals coming to undertake lectures in their area of expertise, they may do so only in as much as it does not extend to lecturing which replaces a formal teaching role. You call that a clarification?
Tuberculosis screening
Entry clearance applicants intending to come to the UK for over six months from countries where pre-entry screening is available will be required to present a certificate from a designated screening provider confirming that screening has been conducted and that the applicant is not suffering from active pulmonary tuberculosis.
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