In this blog we will be talking about the new Statement of changes to the Immigration Rules which was published on 22 October 2020.

The UK Home Office has put before the UK Parliament a Statement of Changes to the UK Immigration Rules. This document presents the new UK Immigration Rules for the post-Brexit immigration system in hopes of the termination of the transition phase on 31 December 2020.

Previously we have published greatly about what to expect on your channel and the modifications are roughly in line with the previously published UK policy guidelines, but today we have a lot more information.

Generally, the modifications reveal the predicted liberalisation of the UK immigration system and overturns many of the limitations that had been in regular stages presented over the last couple of years.

The great majority of the new UK rules will come in to effect to any application submitted after 9am on 1 December 2020. There are few minor modifications to other visa categories which come into force on 31 December 2020.

Please note that the new British Nationality Overseas Visa will commence on 31 January 2021.

A number of important new specifics in the new UK Rules are:

    1. No modifications to the Tier 1 (Investor) category have been published.
    2. Present and upcoming Intra-Company Transfer (ICT) visa holders will be allowed to switch from inside the UK into the new Skilled Worker visa (which substitutes Tier 2 (General)) – this is an exhilarating progress for Tier 2 ICT visa holders as it offers a path to settlement. On the other hand, time spent in Tier 2 ICT in the past will not count towards the five year residence period obligated for settlement. In the past, Tier 2 ICT visa holders were required to leave the UK for 12 months and apply for fresh Entry Clearance except if they were a high earner.
    3. Current Dependant visa holders will now be able to substitute from inside the UK into the new Skilled Worker visa. In the past, Dependant visa holders were required to leave the UK and apply for fresh Entry Clearance.
    4. Holders of Tier 5 visa will ultimately be able to switch into the new Skilled Worker route from inside the UK. In the past Tier 5 visa holders were required to depart from the UK and apply for fresh Entry Clearance and this was above all upsetting for those Youth Mobility Scheme visa holders from Australia and New Zealand.

  1. The cooling-off period (where applicants had to wait 12 months before applying for another Tier 2 visa) has been eliminated for Tier 2 General/Skilled Worker.
  2. The six year residence restriction on Tier 2 General/Skilled Workers has been stopped, so permits can be extended now for an indefinite period.
  3. The cooling-off period for ICT migrants has been reviewed and they can now only stay in the UK for a maximum of five years in a six year period or nine years within a 10 year period if they have a high income (the high earner limit in this context has been lessened from £120,000 to £73,900);
  4. You are no longer required to take into account guaranteed annual allowances/benefits for the purposes of calculating the minimum earnings for the Skilled Worker category (you can still do so for ICT if they would also be paid to a local worker in comparable conditions). Basically, this denotes that only base salary will be valid towards the salary threshold obligations.
  5. The minimum salary obligation for Tier 2 General/Skilled Workers applying for settlement has been stopped.
  6. The new UK rules bring EEA nationals into line with non-EEA nationals for first time in years, but the modification should reduce the administrative load on employers recruiting from outside the UK.

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