The new announcement of changes in the Immigration Rules launches several new business routes as well as making changes to the private life route as well as EU Settlement Scheme
15 March 2022
ERIN
A major, new announcement of modifications in this year’s Immigration Rules has been published today.
The statement of changes and the accompanying memorandum of explanation from this page. The statement of the amendments (HC 1118) is a massive page and can be accessible on this page.
Lord Sharpe of Epsom had informed the House of Lords earlier in the month that the changes implemented in the Immigration Rules today would officially introduce”the” Ukrainian Visa scheme for families; today’s announcement includes several other changes that aren’t directly related to Ukraine.
This includes the introduction of brand new Global Business Mobility, High Potential Individual (HPI), and Scale-up route.
Three new appendices were made Appendix Settlement Family Law Appendix Private Life Appendix Relationship with a Partner.
The changes are effective from 6 April 2022 until 22 August 2022.
Kevin Foster MP, the Parliamentary Under-Secretary of State for Safe and Legal Migration, stated in a schriftlich statement addressed to the House of Commons:
“My Rt Hon. Friend, the Home Secretary, will be present to the House an announcement of changes to Immigration Rules.
“The major modifications are:
“We have made some changes on our Immigration Rules which will implement the Plan for Growth measures, including the launch of newly created Global Business Mobility routes, High Potential Individual (HPI) route, and the Scale-up route.
“The funded Global Business Mobility routes will simplify the UK immigration policy for businesses by consolidating, reforming and expanding the business mobility options. It will offer ways to:
“• Senior managers and experts taking on short-term assignments at a UK affiliate or subsidiary company of the company they are employed by (replacing the route for intra-company transfers);
* Graduate trainees who have their placement at a location in the UK in the framework of an organized learning program (replacing the in-company Graduate trainee routes);
* Teams of employees sent to establish an office or subsidiary for an out of the country company (replacing only representative clauses of the representative of the overseas business route);
Service providers who perform tasks that are covered in one or more of the United Kingdom’s obligations on the trade of services (replacing the provisions for service suppliers on the Temporary Work International Agreement route) and
* A brand-new provision to allow assistance to UK companies as part of the contract of high value for investment or goods.
“The Global Business Mobility routes provide a world-class service for companies. For the first time, groups of employees can undertake tasks linked to an organization’s expansion into the UK, thereby encouraging inward investment. The new option for secondments is the first that allows cooperation between the UK and international companies. The new and improved routes will allow moving between that UK border as smooth as possible while ensuring that trade between the two countries serves the needs of British employees and our economy.
“Delivering on the Government’s promise to Build Back Better, we have launched two new immigration routes: the Scale-up as well as the High Potential Individual pathways. The routes give UK companies access to a broader pool of highly-skilled workers.
“The Scale-up approach recognizes the benefits that high growth businesses can provide for the UK and the necessity to ensure that they are supported to sustain this expansion at an important period of.
“Unlike other routes that are sponsored, the Scale-up route does not require anyone being sponsored during the first six months that the route is in operation. This will allow UK companies to compete for internationally sought-after highly skilled and skilled workers they require to build these vital high-growth businesses from upwards.
“To ensure that a Scale-up approach is a desirable option to this sought-after group and allow for an extension of stays and the settlement. To be eligible, applicants need to prove that they have a job in graduate-level positions with the minimum amount of earnings from PAYE.
“The New High potential individual route makes it easy as is possible for internationally mobile people who have the potential to move into the UK. The route is available to people from top global universities outside the UK and who have a recently conferred degree equivalent to a UK postgraduate or bachelor’s degree. It will allow individuals who have already shown their potential by achieving academic excellence to move to the UK without previous job acceptance. This is an extremely selective process that will only allow graduates from a select number of universities. It is expected that the Home Office will update the list of eligible universities annually. Candidates who are granted this visa will receive a two-year working visa (3-year for those who have PhDs) PhD) and can transition to other permanent employment opportunities provided they meet the requirements for eligibility. This will benefit UK employers by increasing the pool of skilled individuals available to UK companies and complement the Graduate route that permits post-study work for students from abroad who have graduated at UK universities.
“To make sure that the Global Talent visa continues to give those at the top of their field to have to apply with ease, in conjunction in conjunction with the Global Talent endorsing bodies, we have widened the number of highly coveted prizes that permit applicants to be considered without having to submit an additional endorsement decision.
“We have also introduced a new method that will allow for Settlement Family Life. This method applies to partners and parents who must be able to complete a qualifying period of 10 years in the UK before being eligible for settlement. Individuals with an eligibility period of 10 years for settlement as a parent or parent are eligible for settlement from July 2022 (the “10-year route” began in July 2012 when Appendix FM was made available), and the new rules ensure that they can benefit from simplified rules.
“We will also introduce a reform of the Private Life route. This route will bring a variety of new rules to children and young people and includes a concession of the early settlement announced on 20 October 2021 into the regulations. It will mean that children and young adults who have spent most of their time in the UK are eligible for settlement after a five-year qualifying period instead of being granted settlement after ten years. This allows children brought up to be in the UK and then live their first seven years in the UK to be eligible for settlement immediately. The new private life route clarifies that if an adult is allowed to go on the route, their child born outside of the UK during the time of their parents in the course can be eligible to be considered dependents. These rules permit greater flexibility for applicants to consider the time spent using other settlement options in their qualifying time, which means that if circumstances change, their eligibility to settle does not need to be re-established. These changes also ensure that anyone with a criminal conviction that results in a sentence of twelve months or more is not eligible for settlement. Additionally, they clarify that if an individual has violated other rules of suitability but has received permission to remain in the UK and remain in the UK, they must fulfil the qualifying period of 10 years in addition to at least five years of that they have complied since the incident before qualifying for settlement.
“The adjustments to private life routes will ensure that applicants are taking this route gain from simpler rules.
“Changes have also been made to the EU Settlement Scheme (USS) terms. EU Settlement Scheme (EUSS), which allows EEA as well as Swiss citizens who reside in the UK until the time the transition period is over as well as their families and relatives from certain British citizens who are returning out of their home countries, such as the EEA or Switzerland to gain the UK immigration status that they require to stay with the UK. Certain modifications are also being made regarding this permit, known as the EUSS family permits, permitting relatives of the affected family members to access the UK.
“In particular, these changes are a reflection of the concession arrangements that exist outside of the Rules to allow a EUSS family permit that can be granted in lieu that of the EEA family permit in certain situations. These arrangements result from the end of the EEA family permit option following the 30 June of 2021 and permit those covered by them to apply for the EUSS after their arrival to the UK.
“The changes also permit double British or EEA citizen to exercise their freedom of movement rights in the UK before acquiring British citizenship, and who kept the EEA nationality of birth – also known as”Lounes’ dual-national as per EU legal precedent – to sponsor relatives under a EUSS family permit or EUSS as well as a EUSS family permit in certain other situations. These are the circumstances in which the dual national obtained British citizenship, but not having fulfilled the free movement requirements and had complete health insurance coverage in the UK as self-sufficient or a student.
“There are also changes to the validity of applications as well as on variations in applications.
“And finally, the Seasonal Worker route is being expanded to include roles in ornamental horticulture, to support our distinguished flower growers in the UK. A new minimum hourly pay requirement has been added to the route to require all workers to pay at least PS10.10 per hour. This will be equal to the minimum hourly rate that those applying on the Skilled Worker route are required to meet to discourage poor conditions often seen in the sector.”
It is important to note that the Home Office said this week UK Visas and Immigration (UKVI) has been prioritizing the Ukraine Family Scheme application as a reaction to the humanitarian disaster caused through the incursion of Ukraine that means other visas are delayed.
UKVI stated that applications for studies or work visas and family visas could be more time-consuming to be processed. In addition, priority and super-priority visa services were temporarily suspended for all new studies work and families visa applications.
Michael Give, the Secretary of State for Levelling Up, Housing and Communities, said to the House of Commons yesterday that there was a rise in the number of cases being worked on.
