Changes To The Immigration Rules To Come Into Force On 6th April 2016 banner


Changes To The Immigration Rules To Come Into Force On 6th April 2016

  • Posted on

- By Oshin Shahiean of OTS Solicitors

A large number of developments derived from the Statement of Changes HC877 are due to come into force on the 6th April 2016.

Some of the main revisions include:

  • steps to protect domestic workers from human trafficking and abuse
  • easing the obligations on high-value investors
  • more information required from self-employed visa applicants
  • the threshold for being refused entry for NHS debt has been lowered from £1,000 to £500
  • tighter restrictions on Tier 4 Student Visas
  • refusing visas to anyone with ‘litigation debt’ owed to the Home Office

Details of the above changes are summarised below.

Domestic workers

To protect domestic workers from exploitation, the Statement of Changes HC877 allows them to take on work other than that for which they were originally granted entry in to the UK. In addition, domestic workers who can prove they have been victims of slavery and/or human trafficking may be granted leave to remain for up to two years.

Good news for entrepreneurs

Entrepreneur Visa applicants whose funds come from a trusted source such as one or more UK Seed Funding Competitions or one or more UK Government Departments, or Devolved Government Departments in Scotland, Wales or Northern Ireland will only need to provide the UKBA with a letter stating that the money was transferred to them less than 90 days before their application. At present, applicants must supply legal confirmation and a third party declaration if they have held the funds for a shorter amount of time.

Applicants whose funds have been received from the above sources will be allowed to produce financial accounts showing that investment was made in the name of the source of the funds as long as a letter of confirmation is produced by the source.

However, applicants whose funds are sourced from venture capital firms will be required to produce more evidence regarding the legitimacy of the money.

Self-employed to endure more red-tape

Greater evidence requirements will be demanded of self-employed applicants including the telephone number of an authorising individual at the endorsing body and the name and contact details of someone in an administrative position within the body.

NHS debt

Since the 1st November 2011, the UKBA can refuse entry to anyone who owes £1,000 or more for treatment, to an NHS body. From 6th April 2016, this figure will be lowered to £500.

Tighter restrictions on Tier 4 Student applications.

Those possessing a Tier 4 student visa will be unable to extend their stay in the UK following the completion of a course by studying a new course which is at a lower level than the one previously completed. It will also be more difficult to switch courses without having to obtain a new visa.

Litigation Debt

Anyone with ‘litigation debt’ to the Home Office, (ie they have not paid the costs of a previous hearing) will be refused further visas. This includes costs made against legally aided applicants by the Upper Tribunal which are likely to be unlawful.

OTS Solicitors has a strong reputation for being one of the best Immigration law firms in London and we have years of experience in making visa applications to the UKBA. You can make an appointment with one of our experienced Immigration lawyers by phoning our London office on 0203 959 9123. We look forward to hearing more about how we can assist you with your Immigration concerns.

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