Подробнее об изменениях в Иммиграционных Правилах с 6 апреля 2013 г?
Подробнее об изменениях в Иммиграционных Правилах с 6 апреля 2013 года:
(комментарии во время встречи UK BA с представителями ILPA)
На мой взгляд, самое интересное:
Visitors
In addition to the genuine visitor intention to leave requirements we shall now have a
requirement that you are not using visits to make the UK your main place of residence: “does not intend to live for extended periods in the UK through frequent or
successive visits”. It is a discretionary rule. Paragraph 41.
ILPA:You have burned every bridge for elderly relatives, why take this one away? UK BA: Apparently to protect the NHS.
ILPA: Since when was that a government priority?
Provisions re sponsor declarations for visitors so that 41(iv) reads “by relatives or
friends who can demonstrate that they are able and intend to do so and are legally
present in the United Kingdom at the time of their visit”. It seems that if you have a
sponsor declaration, Agency want entitlement to investigate it.
Graduates doing unpaid clinical attachments and dental observations – will get visas
for six months, because Department of Health has made the periods of these
placements longer. Paragraphs 75H and 75L.
Settlement
So that residence in the Isle of Man/channel Islands counts as residence for Tier 2 purposes when combined with leave granted under the UK rules (most recent period
of leave must have been granted under the UK rules) . I queried purpose of original
distinction and Ms Smith and Mr Barrett did not know. I said I assumed it was to do
with tax and had they checked consequence of what they were doing with HMRC?
Presumably if you are resident in one of the UK’s tax havens this has tax advantages? Not my area of expertise. Affects leave as work permit holder, leave under a UK Ancestry visa and points-based system.
As to permitted absences, documents are being specified – letters from employer in
some cases, applicants in others. Also want to see e.g. medical certificates, death
certificates in evidence.
Points Based System
“Clarification to say overdraft cannot count toward meeting maintenance req.
Royal Yachting Association added to the list of Sports Governing Bodies. Heaven
knows how it was overlooked in the first place.
We also finally have some provision for taking into account maternity, paternity or
adoption leave in calculating rates of pay. Provided you have saved payslips and
bank statements and that you were paid at the appropriate rate before the grant of
leave.
323AA (prohibited changes to employment) which is substituted in its entirety in the
new rules. As far as I can see the changes are to make provision to allow salaries to
fall.
Tier 1 (Exceptional Talent)
Any Tier 2 can switch into Tier 1 ET
Tier 1 (Investors)
Tier 1 I - Investors – new provisions as to maintaining the investment at the specified level throughout.
Tier 2
Re transitional provisions– date certificate of sponsorship was assigned is what will
matter.
Minimum threshold wage increase.
There is also a new “rich and thick” get-out – those earning over £152,100 in tier 2
will be exempt from the English language requirement when they apply to extend
their stay beyond three years. I take it no one is bothered whether they integrate or
not as long as they shop.
Cap will continue in perpetuity at current level unless amended. Sponsorship
assigned to Croatians post accession will count toward the cap.
Changes are being made to the post-study work provision. The existing rules require
students still to have valid leave and to have graduated during a period of continuous
leave including their current grant of leave. The changes will permit breaks of up to
28 days (same as for HC 194). It is also stated that they will clarify that
“undergraduate Masters degrees” are eligible under the provisions.
Reductions in salary (within the band for the occupation) will now be permitted
alongside grants, without a fresh application being required. What is described as a “clarification” is being made to say that Tier migrants may apply for an extension to work in the same “occupation” rather than job, without a resident labour market test being required. In Appendix A, table 11A is substituted in its entirety (well, it was a very little table) in consequence.
Tier 4
A doctorate extension scheme. For those who obtain their doctorate, a year after
completion. They remain in Tier 4. They have free access to the labour marker. It is
envisaged as a bridge into Tier 2 or a chance for a person with a doctorate to establish themselves in business. But don’t think about being a doctor or dentist in training or a professional sportsperson. Yes, it looks like Post -study work, it smells like post-study work, it tastes like post-study work (but only for graduates).
Points-Based Dependants
A post Alvi correction to move the evidence the over 16s not l iving an independent
life must provide from guidance into the rules (paragraph 319H-SD).
(комментарии во время встречи UK BA с представителями ILPA)
На мой взгляд, самое интересное:
Visitors
In addition to the genuine visitor intention to leave requirements we shall now have a
requirement that you are not using visits to make the UK your main place of residence: “does not intend to live for extended periods in the UK through frequent or
successive visits”. It is a discretionary rule. Paragraph 41.
ILPA:You have burned every bridge for elderly relatives, why take this one away? UK BA: Apparently to protect the NHS.
ILPA: Since when was that a government priority?
Provisions re sponsor declarations for visitors so that 41(iv) reads “by relatives or
friends who can demonstrate that they are able and intend to do so and are legally
present in the United Kingdom at the time of their visit”. It seems that if you have a
sponsor declaration, Agency want entitlement to investigate it.
Graduates doing unpaid clinical attachments and dental observations – will get visas
for six months, because Department of Health has made the periods of these
placements longer. Paragraphs 75H and 75L.
Settlement
So that residence in the Isle of Man/channel Islands counts as residence for Tier 2 purposes when combined with leave granted under the UK rules (most recent period
of leave must have been granted under the UK rules) . I queried purpose of original
distinction and Ms Smith and Mr Barrett did not know. I said I assumed it was to do
with tax and had they checked consequence of what they were doing with HMRC?
Presumably if you are resident in one of the UK’s tax havens this has tax advantages? Not my area of expertise. Affects leave as work permit holder, leave under a UK Ancestry visa and points-based system.
As to permitted absences, documents are being specified – letters from employer in
some cases, applicants in others. Also want to see e.g. medical certificates, death
certificates in evidence.
Points Based System
“Clarification to say overdraft cannot count toward meeting maintenance req.
Royal Yachting Association added to the list of Sports Governing Bodies. Heaven
knows how it was overlooked in the first place.
We also finally have some provision for taking into account maternity, paternity or
adoption leave in calculating rates of pay. Provided you have saved payslips and
bank statements and that you were paid at the appropriate rate before the grant of
leave.
323AA (prohibited changes to employment) which is substituted in its entirety in the
new rules. As far as I can see the changes are to make provision to allow salaries to
fall.
Tier 1 (Exceptional Talent)
Any Tier 2 can switch into Tier 1 ET
Tier 1 (Investors)
Tier 1 I - Investors – new provisions as to maintaining the investment at the specified level throughout.
Tier 2
Re transitional provisions– date certificate of sponsorship was assigned is what will
matter.
Minimum threshold wage increase.
There is also a new “rich and thick” get-out – those earning over £152,100 in tier 2
will be exempt from the English language requirement when they apply to extend
their stay beyond three years. I take it no one is bothered whether they integrate or
not as long as they shop.
Cap will continue in perpetuity at current level unless amended. Sponsorship
assigned to Croatians post accession will count toward the cap.
Changes are being made to the post-study work provision. The existing rules require
students still to have valid leave and to have graduated during a period of continuous
leave including their current grant of leave. The changes will permit breaks of up to
28 days (same as for HC 194). It is also stated that they will clarify that
“undergraduate Masters degrees” are eligible under the provisions.
Reductions in salary (within the band for the occupation) will now be permitted
alongside grants, without a fresh application being required. What is described as a “clarification” is being made to say that Tier migrants may apply for an extension to work in the same “occupation” rather than job, without a resident labour market test being required. In Appendix A, table 11A is substituted in its entirety (well, it was a very little table) in consequence.
Tier 4
A doctorate extension scheme. For those who obtain their doctorate, a year after
completion. They remain in Tier 4. They have free access to the labour marker. It is
envisaged as a bridge into Tier 2 or a chance for a person with a doctorate to establish themselves in business. But don’t think about being a doctor or dentist in training or a professional sportsperson. Yes, it looks like Post -study work, it smells like post-study work, it tastes like post-study work (but only for graduates).
Points-Based Dependants
A post Alvi correction to move the evidence the over 16s not l iving an independent
life must provide from guidance into the rules (paragraph 319H-SD).
Войдите или Зарегистрируйтесь чтобы комментировать.