Changes To The Uk Immigration Rules

[ThaiVisaExpress]

Some more "minor" changes to the Rules. This is the link :

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2013/march/24-rules

The government describes the changes as "minor", but I think that rather depends on your perspective. There are some important changes to documentation required for self-employed sponsors. And, unless I'm mistaken, the Rules now mention, for the first time, sponsors who are working overseas as self-employed persons. I don't think they were able to qualify in meeting the financial requirement previously.

[Khonwan]

Changes to the Immigration Rules relating to family and private life

7.31 The following minor changes and clarifications are being made to the Immigration Rules relating to family life:

• To clarify that the transitional provisions for further applications made by those
granted entry clearance or limited leave to enter or remain under Part 8 of the Rules before 9 July 2012 can only be accessed by persons in the UK and subject to the requirements of Part 8 for such applications.

• To provide that a person may apply for further limited leave to remain as a partner under Part 8 within a period of 28 days of the end of their last such leave.

• To provide that the partner of a Points Based System migrant not on a route to settlement cannot switch into the partner route under Part 8 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement.

• To ensure that references to the UK National Recognition Information Centre are correct. (UK NARIC is the agency responsible for providing a comparison of international qualifications against UK qualification framework levels).

• In respect of the financial requirements for partners and dependent children under Appendix FM and Appendix FM-SE:

• To clarify the basis on which non-salaried employment income at the date of application is calculated. This will be done by calculating that income on the annualised basis of the gross monthly average in the period of 6 months prior to application.

• To clarify that those working in the UK at the date of application can include earnings from employment in the UK and overseas, where they are required to show the amount of their earnings from employment in the 12 months prior to application.

• To clarify that, where the applicant’s partner is self-employed overseas at the date of application, that partner may also rely on a confirmed offer of employment in the UK for the purposes of meeting the financial requirements.

• To clarify the evidence of self-employment to be provided.

• To clarify the company-based evidence to be provided by directors and/or shareholders in companies in sole or limited family ownership.

• To provide greater flexibility in meeting the financial requirements for those who are, or have in the previous 6 months been, in receipt of maternity, paternity, adoption or sick pay. To provide flexibility also for those who are or have been on parental leave.

• To provide that relevant cash savings held at the date of application by the applicant, their partner or the couple jointly can have been held by them as investment funds within the previous 6 months.

• To add Personal Independence Payment to the list of benefits and allowances received by the applicant’s partner which mean that the applicant has to meet an ‘adequate’ maintenance requirement. A joint review by the Department for Work and Pensions and the Home Office of the treatment of disabled people and carers as sponsors under the financial requirements under Appendix FM is ongoing and will be concluded shortly. An applicant who relies on this provision for ‘adequate’ maintenance cannot expect that they will necessarily be able to do so in any future application for leave to remain under Appendix FM.

• To clarify that, where the applicant and their partner are resident in the UK at the date of application, rental income from a property in the UK cannot be counted as income if that property will become their main residence if the application is granted.

• To confirm that cash income on which the correct tax has been paid may be counted as income.

• To confirm that, where an academic stipend or maintenance grant is or will be paid on a tax-free basis, the gross equivalent amount may be counted as income.

• To confirm that the UK Border Agency has discretion to contact the applicant to request further information or documents before making a decision on the application.

Copied from PDF pages 188/189, http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/statementsofchanges/2013/hc1039.pdf?view=Binary

[ThaiVisaExpress]

UKBA have slipped in a small amendment to paragraph 41(ii) of the Rules. Paragraph 41(ii) now reads ( my bold type) :

41. The requirements to be met by a person seeking leave to enter the United Kingdom as a general visitor are that he:

(i) is genuinely seeking entry as a general visitor for a limited period as stated by him, not exceeding 6 months or not exceeding 12 months in the case of a person seeking entry to accompany an academic visitor, provided in the latter case the visitor accompanying the academic visitor has entry clearance; and

(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him, and does not intend to live for extended periods in the United Kingdom through frequent or successive visits; and

(iii).............................

Tony M

[theoldgit]

Tony

In the same para it says that the person intends to leave the UK as stated. Do you think that means that if a person states in their application that they intend to stay for two weeks and then stay for two months, they could encounter a problem somewhere along the line?

Sent from my iPhone using ThaiVisa app

[Tony M]

Tony

In the same para it says that the person intends to leave the UK as stated. Do you think that means that if a person states in their application that they intend to stay for two weeks and then stay for two months, they could encounter a problem somewhere along the line?

Sent from my iPhone using ThaiVisa app

It has always been there, John. It's used more by immigration officers in the UK. For instance, when there is a discrepancy such as the arriving passenger stating that they are on a two-week holiday and the sponsor says the passenger is staying six months, or job references are found in the passenger's baggage. Easy to refuse.