Statement of Changes in Immigration Rules, HC 1039—analysis
Statement of Changes in Immigration Rules, HC 1039—analysis

The following Immigration guidance note provides comprehensive and up to date legal information covering:

  • Statement of Changes in Immigration Rules, HC 1039—analysis
  • Visitors
  • Work permit holders
  • Work-related settlement—aggregating previous time spent in the Crown Dependencies
  • Tier 1 (Exceptional Talent)
  • Tier 1 (General)
  • Tier 1 (Graduate Entrepreneur)
  • Tier 1 (Entrepreneur)
  • Tiers 2 and 5—change of employment
  • Tier 2 (Intra-Company Transfer)—migrant eligibility
  • more

This analysis covers the main changes to the Immigration Rules that are set out in HC 1039 that are likely to be of most interest to business immigration advisers. The changes take effect from 6 April 2013 and will only be applied to applications submitted on or after this date, unless otherwise stated.

Visitors

Intention not to live in the UK for extended periods

There is an addition to the General visitor category, para 41(ii) to include a requirement for an applicant to not intend to live for extended periods in the UK through frequent or successive visits. Note that para 41(ii) applies to a range of other visitor categories, including child visitor, business visitor, sports visitor, entertainer visitor, parent of a child at school, visitor for marriage or to enter a civil partnership, visitor under the Approved Destination Status agreement and visitor undertaking permitted paid engagements. It does not affect the categories of visitor in transit, visitor for private medical treatment, student visitor or prospective entrepreneur.

Guidance is awaited regarding how entry clearance officers and immigration officers should apply the new requirement, in particular as it relates to business visitors, academic visitors and their families. It is also not clear why applying this to the parent of a child at school category is considered appropriate, since qualifying individuals may remain