Immigration Solicitors Guide to the October 2022 Immigration Rule Changes
On 18 October 2022, the Home Office published a new Statement of Changes to the immigration rules. With the news focusing on the mini-budget and the consequent political turmoil there has been limited reporting on the Home Office immigration rule changes and how they will impact on UK business owners and applicants for UK work visas and business visas. In this article, our immigration solicitors look at the 18 October 2022 immigration rules changes and what they mean for sponsoring employers and visa applicants.
UK Online and London-Based Immigration Solicitors
For advice on immigration law call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
Immigration rule changes
There are 6 main changes introduced by the Home Office Statement of Changes to the immigration rules dated 18 October 2022, namely:
- Expansion of the seasonal worker route
- Cessation of the police registration scheme
- Changes to the global talent visa
- Changes to the British national (overseas) visa or Hong Kong visa
- Changes to the Ukraine Extension Scheme
- Changes to the visa requirements for some nationalities
The seasonal worker route expansion
The government has expanded the jobs eligible for the seasonal worker route by including jobs in the poultry production industry. The expansion is time limited as it covers the period 18 October to 31 December but importantly the Statement of Changers says that the inclusion of poultry workers in the seasonal worker route is an annual event until a further change in immigration rules cancels the seasonal worker expansion.
The expansion changes make it clear that poultry workers will be considered skilled workers and that salaries will need to reflect this.
Cessation of the police registration scheme
The ending of the police registration scheme had already been announced and implemented but the October 2022 Statement of Changes to the immigration rules officially formalises the position by confirming the police registration scheme is abolished. There is therefore no longer a need for some visa holders to register with the police. This does not increase the security risks as the information previously collected by the police is now obtained by the Home Office when a visa applicant applies to the Home Office for their visa. Front loading the provision of the data makes sense as the Home Office has the information before the visa application is processed and the police have reduced their administrative burden.
Changes to the global talent visa
The global talent visa route is being tweaked rather than massive changes made. The intention is that the global talent visa will continue to attract talented and promising visa applicants with a specialist subject area of science, digital technology, or arts and culture who want to move to the UK and use their talents. The global talent visa remains limited to applicants who are either leaders in their fields or who show the promise or potential to become a leader in their chosen fields.
The key changes to the global talent visa are:
- Changes made to the prizes on the global talent visa prestigious prize list – if an applicant has received a price on the list, they do not require endorsement by an endorsing body
- For global talent visa applicants in the field of arts and culture, the evidential rules are changed so an applicant needs a reference or letter of support from a person, business, or organisation that has had the experience of working with them. A letter of support will not qualify if it simply refers to the visa applicant’s reputation rather than their direct knowledge of working with the talented individual
- For global talent visa applicants in the field of digital technology the immigration rules are being tightened to say that a person providing a letter in support needs to have had detailed knowledge of the visa applicant’s work for at least 12 months so that they can say from their own experience that the visa applicant has either talent as a leader in their field or shows the necessary promise
Changes to the British national (overseas) or Hong Kong visa
With all the focus on the Ukraine visa scheme, it is easy to forget about the Hong Kong visa and the reasons behind it but the Statement of Changes announces changes to the British national (overseas) visa. This visa route opened in January 2021 for those from Hong Kong with British national (overseas) status.
The immigration rule changes will allow children of those with BNO status to apply for a Hong Kong visa without them having to make an application at the same time as their parents. To qualify to make an application for a Hong Kong visa as an adult child of a parent with British national (overseas) status the applicant needs to be 18 or over and be born after 1 July 1997 and live in Hong Kong, the UK, or one of the Crown Dependencies.
Changes to the Ukraine Extension Scheme
The Ukraine extension scheme immigration rules changes will allow Ukrainian nationals who entered the UK between 18 March 2022 and 16 May 2023 under the leave outside the rules provisions or other routes to apply for 36 months of leave to remain in the UK. The deadline to make an application under the Ukrainian extension scheme is 16 November 2023.
Additional non-visa countries
Nationals of Colombia, Guyana, and Peru will no longer require a visitor visa to visit the UK so this makes visits to the UK more straightforward. However, immigration officials still have the power to refuse entry on arrival in the UK as is the case for any visitor to the UK.
How can OTS Solicitors help?
The individual immigration and business immigration lawyers at OTS Solicitors can help you or your business with all your immigration law needs, including the latest advice on immigration rule changes. Our immigration solicitors can assist with:
- Work visas including the skilled worker visa and health and care worker visa and scale-up visa
- Business visas such as the start-up visa, innovator visa, and global talent visa
- Specialist visas such as the British national (overseas) or Hong Kong visa
- Settlement applications including indefinite leave to remain and British citizenship
- Sponsor licenses to sponsor employees on sponsored visa routes such as the skilled worker visa or the global business mobility visa
- Sponsor licence management for your business
UK Online and London-Based Immigration Solicitors
For advice on immigration law call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
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