The following Immigration practice note provides comprehensive and up to date legal information covering:
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:
amendments to Tier 2 (General), including:
exempting doctors and nurses from having to apply for a Tier 2 (General) restricted certificate of sponsorship (RCoS)
prohibiting Tier 2 migrants from holding more than 10% of the shares in their sponsor indirectly
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)
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:
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
amendments to the Rules on when continuity of leave will not
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BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
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