Immigration rule changes

The following immigration rule changes took effect on 11 January:

Family members of Points-based System (PBS) migrants

Family members of PBS migrants applying in this category for the first time in the UK, will need to demonstrate their relationship with the main applicant. The guidance recommends the following documents as evidence of cohabitation with the main applicant.

  • Partners (including spouses and civil partners): marriage or civil partnership certificates, bank statements, council tax bills, medical registration documents, utility bills
  • Children: full birth certificate showing both parents names. If you are a child dependent over the age of 16 you will also need to include:
  • bank statements and/or
  • credit card bills and/or
  • driving licence and/or
  • NHS Registration document and/or
  • letter from your current school, college or university confirming your address. This must be on official headed paper and bearing the official stamp of that organisation. It must have been issued by an authorised official of that organisation

Residency requirement for settlement (main applicant)

  • Applicants applying for settlement, otherwise known as Indefinite Leave to Remain (ILR), must not be absent for more than 180 days during any 12-month period over the consecutive five-year period. This is a major change from the pre-11 January 2018 rules, which calculated absences over fixed 12-month blocks
  • This will affect Tier 2 high earners whom are expected to travel abroad for work on a regular basis
  • Furthermore, this is a retrospective change which will affect individuals who have travelled prior to 11 January 2018. It will ‘box in’ these individuals as the Tier 2 General route at present only allows six years total for this category. However, if they are unable to apply for ILR, they will need to return to their country of origin, wait 12 months for the ‘cooling off’ period before re-applying to return to the UK again for another five years before being allowed to apply for ILR

Residency requirements for settlement (PBS dependents)

  • A new introduction for PBS dependents whom must now declare any absences from the UK in the five consecutive years prior to applying for settlement
  • Previously, PBS dependents were not expected to provide their absence history. However from 11 January 2018 all absences will be taken into account
  • This has not been introduced retrospectively, and only applies from 11 January 2018

Students

  • The Home Office has taken a lenient approach towards Tier 4 (General) students switching to Tier 2 (General)
  • Previously students were expected to have obtained their degree certificate before applying for the switch into Tier 2 (General)
  • However, now they can apply to switch in country upon completion of their course without having to wait for their degree certificates

Our friends at Migrate UK can advise on all your immigration queries.