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Published 4 November 2021
On 10 September 2021, the Home Office published a significant set of changes to the Immigration Rules amounting to 192 pages. Our summary below highlights some of these changes.
Tier 1 (Entrepreneur)
Tier 1 (Entrepreneur) migrants benefited from special concessions during Covid-19 if their business was disrupted by the pandemic. For example, they did not need to employ two settled, British or EEA workers for at least 12 consecutive months in order to extend their visas. Instead, they could have simply shown that the jobs were created and this would have allowed them to extend their visa provided their inability to employ the workers for 12 months was due to coronavirus.
From 6 October 2021, a change in the Immigration Rules means that those applying to settle in the UK will have to demonstrate that the jobs did exist for 12 months otherwise they will not qualify for settlement. This is in addition to all the usual requirements being met around job creation.
Migrants on the Skilled Worker route applying for indefinite leave to remain can now include time from another route provided they were waiting for a decision on their Skilled Worker application and the following conditions were met:
The long delays that applicants experienced whilst waiting for a decision on their application should not therefore hinder them from applying for indefinite leave to remain.
A number of changes have been made to the Global Talent route:
EU Settlement Scheme
The temporary concession allowing joining family members to apply for status whilst in the UK as a visitor has now been made permanent. This means that joining family members of qualifying EEA nationals can apply under the EU Settlement Scheme from within the UK even if they entered the UK as a visitor.
Youth Mobility Scheme
In 2022 Iceland will be added to the list of countries without deemed sponsorship status. What this means is that nationals of Iceland aged between 18 and 30 will become eligible to apply for a visa to come and work in the UK for 2 years.
Hong Kong BN(O) nationals
Children born in the UK to a BN(O) national or their partner will be able to regularise their stay in the UK under the BN(O) route. This extends to children born to a BN(O) household member or their partner i.e. adult children of BN(O) nationals who are part of the same household.
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