Changes To Uk Immigration Rules

[VisasPlus]

The amended immigration rules, that went before parliament recently, came into force today ( HC 760 ). Amazingly, the government placed even more rules before parliament yesterday ( HC 820), and they come into force today. What is amazing is that new rules usually introduce something into law from the date they are passed. The rules passed yesterday, which are now law, seem to say that, even if you applied for your wife's settlement visa two months ago, the decision will be made in accordance with the laws that came into force today, and not in accordance with the laws that were in place when you applied. This could mean that you will now be asked to provide documents that you never even knew you were going to need when you applied. Of course, it could also mean that you get away with not providing some documents. For instance, the old rules required you to produce a contract of employment and P60s. The new rules don't, so if you applied two months and didn't provide those documents, then you possibly won't have to provide them now. Confused ? Me too. Here is the relevant section of the new rules introduced today :

EXPLANATORY MEMORANDUM TO

THE STATEMENT OF CHANGES IN IMMIGRATION RULES

PRESENTED TO PARLIAMENT ON 12 DECEMBER 2012 (HC 820)

1. This explanatory memorandum has been prepared by the Home Office and is laid

before Parliament by Command of Her Majesty.

2. Purpose of the Instrument

2.1 The purpose of these changes is:

• To apply most of the changes to the Immigration Rules on family and private life

contained in the Statement of Changes in Immigration Rules laid on 22 November

2012 (HC 760) to all applications decided on or after 13 December 2012, rather

than only to applications made on or after that date. This will provide greater

clarity for applicants and for UK Border Agency caseworkers as to the

requirements in respect of family and private life applicable to all applications

decided from 13 December 2012.

[Kiggs]

Bottom line:

should I worry ?

[VisasPlus]

Bottom line:

should I worry ?

I don't think so. I think what they have done is realise that the first lot of requirements was crap, and they have amended them. Those amendments came into force today. They are now saying that the amendments ( which are better than the original) can be applied to applications such as yours, by making the amendments retrospective.

[Kiggs]

This could be the reason why nothing seems to have happened over the last few weeks. I hope there sat on all our applications knowing this would take affect and they release them tomorrow.

I know I'm dreaming but I / we need some hope atm . Its going to be a piss poor Christmas for a few of us if they don't turn up soon.

[JusticeFT96]

What were the actual changes? I didnt bother applying for a settlement visa recently as I didnt meet the financial requirements, has there been any changes to this?

[VisasPlus]

What were the actual changes? I didnt bother applying for a settlement visa recently as I didnt meet the financial requirements, has there been any changes to this?

The financial requirements remain the same, unfortunately. It is the specified documents that has changed a little, to make it possible to provide the required evidence !

[jimyoung]

Has there been any changes regarding self-employed sponsers? Do they still want a tax return and 12 months worth of bank statements?

[VisasPlus]

Has there been any changes regarding self-employed sponsers? Do they still want a tax return and 12 months worth of bank statements?

The changes for self-employed are pretty minor : These are the revised requirements :

In respect of self-employment in the UK as a partner, as a sole trader or in a franchise all of the following must be provided:

(a) Evidence of the amount of tax payable, paid and unpaid for the last financial year.

(b ) The latest:

(i) annual self-assessment tax return to HMRC ( a copy or print out);

(ii) Statement of Account (SA300 or SA302); and,

(iii) the same for the previous financial year if the latest return does not show the necessary level of gross income, but the average of the last 2 financial years does.

(c ) Proof of registration with HMRC as self-employed if available. This evidence must be either an original or a certified copy of the registration documentation issued by HMRC.

(d) Each partner's Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business.

(e) Where the person holds or held a separate business bank account(s), monthly bank statements for the same 12-month period as the tax return(s).

(f) Monthly personal bank statements for the same 12-month period as the tax return(s) showing that the income from self-employment has been paid into an account in the name of the person or in the name of the person and their partner jointly.

(g) Evidence of ongoing self-employment through:

(i) evidence of payment of Class 2 National Insurance contributions (for self-employed persons); or,

(ii) current Appointment Reports from Companies House (for Directors).

(h) One of the following documents must also be submitted:

(i) The organisation's latest annual audited accounts with:

(1) the name of the accountant clearly shown; and,

(2) the accountant must be a member of an accredited accounting body specified in paragraph 19 (g)(ii) of Appendix A of these rules;

2]

(i) (aa) If the applicant’s business is a registered company that is required to produce annual audited accounts, the latest such accounts; or

(bb) If the applicant’s business is not required to produce annual audited accounts, the latest unaudited accounts and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006);”.

(ii) A certificate of VAT registration and the latest VAT return ( a copy or a print-out) confirming the VAT registration number, if turnover is in excess of £73,000;

(iii) Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement); or

(iv) A franchise agreement signed by both parties.

(i) The document referred to in paragraph 7(h)(iv) must be provided if the organisation is a franchise.

The main change, I guess, is that the requirement for audited accounts has been amended

Edited December 14, 2012 by VisasPlus