Immigration newsletter 26 Mar 2009

It is important to note that from 31 March 2009 there will be significant changes to Tier 1 and Tier 2 of the points based system:
 

• The academic and financial requirements for Tier 1 (General) and Tier 1 (Post-Study Work) will come into effect for all applications submitted on or after 31 March 2009. For Tier 1 (General) you will need to have at least a masters degree and have earned at least GBP20,000.
• The changes to Tier 1 (General) will apply to initial applications for entry from outside the UK and to applications to switch into Tier 1 (General) from another category.
• Applications for Tier 1 (General) extensions will be unaffected by the changes. 
• Changes to the resident labour market test for applications under Tier 2 will mean that skiled jobs will need to be advertised in the UK before being offered to migrant workers.
• Changes to the Tier 1 (Post-Study Work) category mean that applicants will not be awarded points for Postgraduate Diplomas or Postgraduate Certificates other than Postgraduate Certificates in Education.

The United Kingdom’s points based system is about to be expanded so that from the end of this month students both adults and children will need to come under Tier 4 of the points based system.

Changes to the Immigration Rules were published on 9 March 2009. From 31 March 2009 all long term students will need to come under the new UK Tier 4. In addition, the relevant University, college or other educational institution will need to be a licensed sponsor to sponsor the student.

It is a requirement for settlement (indefinite leave to remain) in certain categories that the applicant demonstrates that the Knowledge of Life in the UK (KOL) requirement is met. If all the requirements are met apart from KOL it is currently the case that applicants are automatically considered for grant of limited leave in the same category. The difference in the fee between the settlement application and the cost of an extension of stay is refunded.

From 31 March 2009 this arrangement will be coming to an end. Settlement applications submitted on or after this date in categories requiring KOL that do not meet this condition will be refused. Applicants will not have their fee refunded.

You will still be able to extend your stay if you do not meet the KOL requirement. However, from 31 March 2009 you will need to make sure that you apply specifically for limited leave on the relevant form, rather than submitting a settlement application.

The UK Border Agency is changing the rules for marriage visas. The UKBA says that this is to protect people against forced marriage and help newcomer integrate into British life.
An overseas national can apply for permission to enter or remain in the United Kingdom as the husband, wife, civil partner, fiancé(e), proposed civil partner or unmarried/same-sex partner of someone who is settled (also known as indefinite leave to remain) or applying for settlement in the United Kingdom. 

In December 2007 the UKBA published two consultation documents proposing new arrangements for marriage visas:
 

• Marriage to partners from overseas - this asked for views on proposed changes to the arrangements covering marriage visas and applications for permanent residence, and on how to ensure that we protect people at risk of being forced to marry a partner from overseas. 
• Marriage visas: pre-entry English requirement for spouses - this asked for views on whether people entering the UK on a marriage visa should have to demonstrate some knowledge of English before they arrive in the United Kingdom.

The Government responded to the two consultations in July 2008, in a document called Marriage visas: The way forward. On 27 November 2008 UKBA increased the minimum age for marriage visas from 18 to 21 years. This means you cannot sponsor or be sponsored as a husband, wife, civil partner, fiancé(e), prospective civil partner or unmarried/same-sex partner until you are 21 years old.