Statement of Changes in Immigration Rules, HC 1154—analysis
Statement of Changes in Immigration Rules, HC 1154—analysis

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

  • Statement of Changes in Immigration Rules, HC 1154—analysis
  • Implementation
  • Definitions
  • Returning residents
  • Part 5 and PBS categories that lead to settlement
  • Family members of Part 5 and PBS migrants
  • Tier 1 (General)
  • Tier 1 (Entrepreneur)
  • Tier 1 (Investor)
  • Tier 1 (Exceptional Talent)
  • more

This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 1154.

HC 1154 was issued on 15 June 2018, along with an Explanatory Memorandum (EM). It covers the following changes of interest to business immigration advisers:

  1. amendments to Tier 2 (General), including:

    1. exempting doctors and nurses from having to apply for a Tier 2 (General) restricted certificate of sponsorship (RCoS)

    2. prohibiting Tier 2 migrants from holding more than 10% of the shares in their sponsor indirectly

    3. adding references to the Find a Job service, which has replaced the Universal Jobmatch service for the purposes of satisfying the resident labour market test (RLMT)

  2. changes to the Rules relating to indefinite leave to remain (ILR) for main applicants and their dependants in work categories on how absences from the UK are to be treated, including:

    1. introducing a transitional arrangement for the new calculation of the absences rule set out in HC 309 (see Practice Note: Statement of Changes in Immigration Rules, HC 309—analysis—Part 5 and PBS categories that lead to settlement), so that the new calculation does not apply to absences occurring during leave granted under the Immigration Rules in place before 11 January 2018—this has been put in place following extensive lobbying from advisers and other immigration system users

    2. amendments to the Rules on when continuity of