Statement of Changes in Immigration Rules, HC 1138—analysis
Statement of Changes in Immigration Rules, HC 1138—analysis

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

  • Statement of Changes in Immigration Rules, HC 1138—analysis
  • HC 1201
  • Implementation
  • Replacement of references to the UK Border Agency website
  • Fiancé/es and proposed civil partners of EEA nationals
  • General grounds for refusal, curtailment of leave and changes of employment
  • Tier 1 (Exceptional Talent)
  • Tier 1 (General)
  • Tier 1 (Entrepreneur)
  • Tier 1 (Investor)
  • more

This analysis covers the main changes to the Immigration Rules (the Rules) set out in HC 1138 that are likely to be of most interest to business immigration advisers.

HC 1201

This analysis incorporates subsequent amendments to HC 1138 that were set out in HC 1201. HC 1201 was issued on 1 April 2014, prior to the implementation of HC 1138, in order to correct minor errors in HC 1138, including typographical errors and several errors in the implementation dates. HC 1201 also contained two substantive corrections to HC 1138, as follows:

  1. the deletion of an amendment to Appendix A, para 111(d)(i)(2) that would have restricted roles in the Tier 5 (Temporary Worker) Religious Worker subcategory from including preaching or pastoral work

  2. the re-introduction of references to grants of leave for persons whose last leave was as a qualifying work permit holder to the relevant paragraph (245GE) relating to maximum leave grants for persons in the Tier 2 (Intra-Company Transfer) category

Implementation

Unless otherwise stated, the changes take effect for applications made on or after 6 April 2014.

Replacement of references to the UK Border Agency website

The UK Border Agency (UKBA) website was decommissioned on 26 February 2014. References to this website have been replaced across the Immigration Rules with references to the visas and immigration