Lewis Silkin – Home Office announces autumn updates to immigration rules


This article summarizes some of the changes most likely to be of interest to employers. Unless otherwise specified, the changes in HC 719 will enter into force on November 9, 2022.

No Innovator Road Reform

In February 2022, following the closure of the Tier 1 road (Investor), the government announced an intention to launch a pathway for qualified and experienced professional angel investors to invest in innovative businesses in the UK. This was not included in the Fall Changes Statement. Following the appointment of Grant Shapps as Home Secretary on October 19, 2022, further confirmation is expected on whether and when this reform will be brought forward.

A skilled worker

A significant change is made to calculate whether wage requirements are met as part of the route. For claims submitted on or after November 9, 2022, guaranteed payments other than base salary will be accepted provided they are treated exactly the same as gross base salary for tax, pension and insurance purposes. national insurance.

This more clearly allows payments such as London weighting and other high cost area supplements to be included in the salary calculation.

A technical change is also made to clarify that the authorization to enter or the authorization to stay will be granted for 14 days after the end date of the sponsorship certificate, and that a sponsorship certificate can only be granted for a maximum duration of five years.

The current fee for Specialist Registrar Doctors at CT3/CT3-5 level has been increased from £56,077 to £51,057, to correct a previous error in the rules.

Global Labor Mobility Routes

New rules have been added to cover trade deals the UK has with Australia and New Zealand. These allow citizens and permanent residents of Australia and New Zealand to qualify under the service provider route to provide services in accordance with trade agreements. In the case of individuals applying under the Australian Trade Agreement, immigration clearance will be available for a maximum of 12 months. For the New Zealand trade agreement, it will be a maximum of six months.

Minor edits have also been made to correct previous editorial errors on Global Business Mobility routes. Specifically, it is clarified that only A-rated sponsors can certify the financial requirement under these routes.

creative workers

In a significant change, Standard Visitors and Visitors for Authorized Paid Engagements will no longer be allowed to upgrade to the Creative Worker route from the UK.

The change takes effect for applications for authorization to stay made using a sponsorship certificate issued on or after November 9, 2022. This will need to be considered by the industry when planning moves to the UK.

Codes of practice for opera and theater performers are separated, updated and made more specific to their respective fields. Sponsors should review the changes for workers they intend to sponsor starting November 9, 2022.

Seasonal workers – poultry workers

This amendment is effective as of 4:00 p.m. on October 18, 2022.

It allows poultry production workers to obtain immigration clearance under the Seasonal Worker Track, which begins no earlier than October 18 and ends no later than December 31 each year. Applications must be submitted by November 15 each year.

The following occupation codes are covered:

  • SOC 5433 – Bird/Game Trainer; Killer and gatherer; picker; Poultry; Poultry processor; poultry sticker; Trussier
  • SOC 8111 – Food Operator
  • SOC 9111 – Poultry catcher/handler
  • SOC 9119 – Poultry vaccinator
  • SOC 9134 – Poultry meat packer

Applicants must also:

  • Be paid at least £10.10 for each hour worked;
  • If you hold a SOC 5431 or 5433 position, get paid at least £25,600 per year on a pro rata basis; and
  • Work on a paid basis at least 30 hours per week.

Work routes – pay cuts

An amendment is being made to allow for the temporary removal of a sponsored worker’s wages when their hours have been reduced due to individual health reasons or a phased return to work. An occupational health assessment must justify the reduction in working hours and the person must still be paid the hourly rate or higher that applied when the person obtained their last immigration permit.

Employment in elective positions in local or devolved government

Immigration categories, including work limitations, are being changed to allow individuals to run for and hold elected office in local or devolved government where they are otherwise eligible to do so.

Ukraine Extension Program

Eligibility for the scheme is extended to include individuals who have been granted UK immigration clearance for any period between 18 March 2022 and 16 May 2023. Successful applicants are granted a period of stay of 36 months in the program.

This option may be relevant for some employees who are in the UK and who prefer not to extend their authorization within their current route for cost or other reasons. They should, however, be aware that authorization under Ukraine’s extension program does not currently lead to installation and cannot count towards the qualification period in other installation pathways.

An application deadline is being introduced, to require applications to be made by 16 November 2023. This is to encourage those eligible to maintain regular status in the UK.

Children of British Nationals in Hong Kong (Overseas)

Eligible adult children of British nationals in Hong Kong (Overseas) will be allowed to apply (as well as their partner, dependent children and adult dependent parents) independently of the British national in Hong Kong (Overseas) , and without having to be part of their parents’ household.

Formal abolition of the obligation to register with the police

The immigration rules are amended to remove Part 10, which sets out police registration requirements, and Schedule 2, which lists the nationalities subject to these requirements. Other changes are also being made to remove the requirement as an immigration condition for individual visa itineraries.

These changes represent the formal end of the regime, which has been suspended since August 2022. The practical implications of this are discussed in our previous article.

English language requirement

The British Overseas Territories are included in the list of majority English-speaking countries, which means that nationals of these territories will be deemed to meet the English language requirements for the purposes of applying for immigration to the UK.

Visitors

Changes are made to the Visitor Rules for:

  • To enable sports officials to support tournaments and sporting events in the UK without having to attend the same event as a sportsperson who engages in permitted sporting activities; and
  • Allow midwifery students on degree-equivalent courses abroad to come to the UK for unpaid internships with a UK training provider, with the stipulation that they must not treat patients .

Changes are also being made to the route for international athletes to allow visiting sports officials to pass on the route without having to leave the UK.

List of visa nationals

Citizens of Colombia, Guyana and Peru have been removed from the list of visa nationals, so they will no longer need a visa to come to the UK for visits and other short-term purposes. term of up to six months.

Applications from people who have exceeded the length of stay

Section 39E allows applications for leave to be granted in certain circumstances where the applicant has overstayed.

The scope of this paragraph is expanded to include persons who have overstayed as a result of the rejection of an application they attempted to make before their previous immigration authorization expired. Currently, only people whose application has been refused are covered.

Null requests

A new paragraph 34KA is inserted into the immigration rules, which covers void applications. This is currently only contained in the policy guidelines of the Ministry of the Interior.

He defines a null request as a request that the Home Office cannot grant and confirms that such a request will not be considered.

Examples of null maps are shown as follows:

  • Applications submitted by persons exempt from immigration control, unless they are applying under the EU Settlement Scheme;
  • Applications for temporary immigration authorization submitted by persons settled in the United Kingdom;
  • New applications submitted by persons with legal immigration authorization during a period when they are within the time limit to appeal a refusal decision, unless this application falls under the EU settlement program or is a request for human rights or protection; and
  • Applications in which the applicant died before a decision was made.

Our Immigration Law Academy on November 9-10, 2022 will cover these changes while delving deeper into immigration categories for work, sponsorship, and right to work. Click here to more information and to register. If you have specific questions about these developments, please get in touch with a member of our immigration team.

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