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The latest changes to the UK immigration rules

XXIPHIAS16 Sept 2023

The UK announced changes to its immigration rules on the 9th of September 2019. Below are the most significant changes the UK made to its immigration rules.

Tier2 (General)

Employers in the UK can sponsor talented skilled laborers and workers outside of the European Economic Area on Tier 2 (General) Visa. There are 20,700 visa places available every year which are additionally divided into month-wise allotments.

The most important changes that employers should remember are:

  • Ph.D. level jobs won't be allowed in the annual quota of Tier 2 (General). From the 1st of October 2019, these jobs won't require a restricted certificate of sponsorship. Because they will be removed from the annual quota, more visa places will be free for other skilled jobs.

  • Ph.D.-level migrants on Tier 2 visas who carry out research abroad connected to their jobs will not have those absences counted against them when they apply for ILR (Indefinite Leave to Remain). This will also apply to dependants travelling with them.

  • The UK has extended its Shortage Occupation List. The new list includes occupations such as web designers, engineers and veterinarians, which were previously excluded. There is one occupation list which covers the whole UK and a different one for Scotland. Starting from the 6th of October 2019, the new Shortage Occupation List (SOL) will be put into practice.

  • Immigrants on a Tier 2 visa won’t be penalized for certain absences from work, such as parental leave, sickness, or helping with a national or international environmental or humanitarian crisis. This means Tier 2 visa holders won’t be refused ILR if their salary falls below the threshold because of these absences.

EU Settlement Scheme

Swiss and EEA nationals will need to apply under this scheme to live in the UK after December 2020. These changes will take effect from 1st October 2019:

  • Under the EUSS scheme, close relatives of UK residents, who are living in the UK but not citizens, can apply till the 29th of March, 2022.

  • Non-EEA family members who hold EUSS status but have lost their biometric residence card will be able to travel to the UK free of charge. They can then apply for a replacement biometric residence card.

  • Individuals whose EUSS status is cancelled at the border will be eligible for an administrative review.

Startup and Innovator

Under rules announced in March 2019, the Start-up and Innovator routes together form the entrepreneur category. The following changes will come into effect from 1st October 2019:

  • Changes will be made to the requirements for an organisation to become an endorsing body.

  • Students on a Tier 4 (General) visa who have applied for the Start-up visa with an endorsement from an endorsing body may be allowed to start their business activities while their application is being processed.

  • A new requirement that students must not have already set up a business in the UK will be added to the Start-up visa rules. This will also apply to Tier 4 visa holders on the doctorate extension scheme, according to The Guardian.

Tier 1 (Exceptional Talent)

Tier 1 (Exceptional Talent) candidates must be endorsed by a designated competent body in the UK. The following changes will apply from 1st October 2019 to people who apply for endorsement from The Royal Academy of Engineering, The Royal Society, and The British Academy:

  • The list of peer-reviewed fellowships will be extended. It will also include fellowships awarded by the National Institute for Health Research.

  • Candidates who have held an eligible peer-reviewed fellowship in the past 12 months will also be included.

  • A wider range of research positions and senior academics will now be eligible.

The following changes will apply to people applying for endorsement through Tech Nation from 1st October 2019:

  • Candidates will now need three letters of recommendation rather than two. These must come from established organisations in the digital technology sector. This will give a more thorough assessment of the candidate’s skills.

  • The criteria will now refer to “product-led” digital technology businesses, so that the route is used only by migrants with the right skills.

Several of these routes have since been replaced: Tier 1 (Exceptional Talent) became the Global Talent visa in February 2020, Tier 2 (General) became the Skilled Worker visa on 1 December 2020, and the Start-up and Innovator visas were replaced by the Innovator Founder visa on 13 April 2023.

XIPHIAS Immigration, the top immigration firm, can help you choose the right UK route and prepare your application carefully.

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The latest changes to the UK immigration rules | XIPHIAS Immigration