On 6 September 2013, Mark Harper (the Minister of State for Immigration) laid before Parliament a Statement of Changes to the Immigration Rules. The Statement is largely positive and although the majority of changes represent small amendments to the Immigration Rules it does create more flexibility for the migrant and makes certain routes much more attractive for business in the UK. The Minister confirms that the “The UK is open for business: we are building an immigration system that works in the national interest and supports growth”. The majority of the changes will come into effect on 1 October 2013.
The changes include the following:
- Greater flexibility for tourists and business visitors to undertake some study where it is incidental to the main purpose of their visit. Visitors will soon be able to undertake up to 30 days of recreational, English language or academic study provided that is not the main purpose of their visit;
- Increasing the permissible activities a business visitor can undertake in the UK – employees will soon be able to undertake corporate training in the UK where it is delivered by an external company and global organisations will soon be able to bring their internal auditors to the UK on a business visitor visa to undertake short internal audits;
- New provision for Tier 1 migrants that fall under the exceptional talent route to reflect changes in the Arts Council's criteria for endorsing applicants in the arts with exceptional promise and a minor change is being made to the requirement for supporting letters in the criteria used by other Designated Competent Bodies;
- Removal of the English language requirement for Tier 2 intra-company transferees extending their stay beyond three years;
- Waiving share ownership restrictions for senior staff earning £152,100 or more under Tier 2 (General);
- Making it easier to graduate entrepreneurs to switch into Tier 2;
- Hong Kong will be added to the current list of countries participating in Tier 5 (Youth Mobility Scheme);
- Changes to the way in which applicants for Indefinite Leave to Remain are required to demonstrate their knowledge of the English language and of life in the UK. These changes will come into effect on 28 October 2013;
- New temporary Immigration Rules will be introduced to facilitate the entry and stay of certain Commonwealth Games participants and personnel during the 2014 Commonwealth Games to be held in Glasgow.
The Minister also seeks to expand the process of genuineness assessments and interviews to Tier 1 (General) extension applications, Tier 2 (Minister of Religion) and Tier 5 (Temporary Worker) entry clearance and leave to remain applications to ensure that applicants are genuine and that they intend to meet the conditions of leave they apply for.
For more information, please contact Lynn McCloghry.