Statement of Changes in Immigration Rules, HC 309—analysis
Statement of Changes in Immigration Rules, HC 309—analysis

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

  • Statement of Changes in Immigration Rules, HC 309—analysis
  • Implementation
  • Definitions
  • Electronic entry clearances
  • Criminal record certificates
  • Part 5 and PBS categories that lead to settlement
  • Family members of Part 5 and PBS migrants
  • Tier 1 (Entrepreneur)
  • Tier 1 (Exceptional Talent)
  • Tier 1 (Investor)
  • more

This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 309.

HC 309 was issued on 7 December 2017, along with an Explanatory Memorandum (EM). It covers:

  1. the electronic issuing of entry clearance

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

  3. substantial amendments to the Tier 1 (Entrepreneur) sub-tier

  4. amendments to Tier 1 (Exceptional Talent) including:

    1. increasing the Tier 1 (Exceptional Talent) limit to 2000 endorsements per year, with 1,000 of these to be allocated among the Designated Competent Bodies on a first-come first-served basis

    2. introducing provision for migrants endorsed under the exceptional talent criteria to apply for ILR after three years

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

    1. allowing Tier 4 (General) students to apply to switch into Tier 2 (General) following completion of their course, instead of being required to wait for final results

    2. relaxing the resident labour market test for certain supernumerary researchers and members of established research teams

    3. restricting prohibitions on start date delays so they only apply to Tier 2 (General) migrants and to changes made after leave has been granted

  6. various amendments to the Tier 4 (General) sub-tier, including:

    1. allowing sponsorship of part-time study in limited