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PRACTICE NOTES
This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 1534. HC 1534 was issued on 11 October 2018, along with an Explanatory Memorandum (EM). It covers the following changes of interest to immigration advisers: • expansion of the EU Settlement Scheme pilot, and introduction of the Administrative Review scheme for refusals made under Appendix EU • removes mention of Premium Service Centres ahead of the roll out of the new Sopra Steria contract • changes to the requirement to provide original documents, so that these are no longer mandatory for most applications • changes to evidential flexibility, enabling the Home Office to use this more flexibly and in a wider range of applications, and • new Rules for unaccompanied children who were transferred to the UK following closure of the Calais camp to apply for limited and indefinite leave to remain It is possible to navigate to specific topics quickly using the Contents bar on the left side of the screen. Implementation Unless otherwise
PRACTICE NOTES
This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 1779. HC 1779 was published on 11 December 2018 with an Explanatory Memorandum (EM). It covers: • removing the requirement to submit specified documents in relation to absences (exceeding 180 days) due to compelling and compassionate circumstances for settlement applications under the Ancestry route • amendments to the Tier 1 (Exceptional Talent) category, including: ◦ a four-month additional grant for entry clearance applications ◦ widening the scope of the category to include architects ◦ amendments to the qualifying criteria for endorsement • amendments to Tier 2 of the Points-Based System (PBS), including: ◦ introducing an Academic Technology Approval Scheme (ATAS) certificate requirement for Tier 2 (ICT) migrants when studying certain ‘sensitive’ courses ◦ updating the wording in the Rules to refer to Find a Job instead of Universal Jobmatch for the Resident Labour Market Test (RLMT) ◦ inserting a salary threshold for nurses or midwives in training who are undertaking the Observed
PRACTICE NOTES
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: • the electronic issuing of entry clearance • 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 • substantial amendments to the Tier 1 (Entrepreneur) sub-tier • amendments to Tier 1 (Exceptional Talent) including: ◦ 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 ◦ introducing provision for migrants endorsed under the exceptional talent criteria to apply for ILR after three years • amendments to Tier 2 (General), including: ◦ allowing Tier 4 (General) students to apply to switch into Tier 2 (General) following completion of their course, instead of being required
PRACTICE NOTES
HC 535 was issued on 29 October 2015, along with an Explanatory Memorandum (EM). In addition to the previously trailed measures of temporarily placing nurses on the shortage occupation list and introducing the Tech Nation visa scheme into the Tier 1 (Exceptional Talent) category, the Statement makes quite a number of technical changes across the Immigration Rules. It also makes some more substantive changes in relation to the Immigration Rules covering asylum (which is beyond the scope of Lexis+® UK Immigration). This summary provides a bullet point list of the key changes of relevant to business practitioners, according to category, including links to relevant News Analysis pieces which deal with particular issues in more detail. The EM can be found at the end of p. 57 in the Statement. Implementation Unless otherwise stated, the changes take effect for applications made on or after 19 November 2015. Applications made before this date will be decided in line with the Rules in force as at 18 November 2015. Changes • returning residents—minor change
PRACTICE NOTES
This analysis covers the main changes to the Immigration Rules (the Rules) set out in HC 628 that are likely to be of most interest to business immigration advisers. The changes relating to Knowledge of Language and Life in the UK (KoLL) take effect from 28 October 2013, however applications submitted before this date will be decided in line with the Rules in force on 27 October 2013. The changes relating to the countries and territories participating in the Tier 5 (Youth Mobility Scheme) and their allocation of places for 2014 take effect from 1 January 2014. The other changes take effect from 1 October 2013. In most cases, where an applicant has made an application before this date, it will be decided in line with the Rules in force on 30 September 2013. Where the change affects applications decided on or after 1 October 2013, this will be highlighted below. Knowledge of Language and Life in the UK As previously announced in the government's Statement of Intent of April 2013, any applicant
PRACTICE NOTES
This analysis covers the main changes to the Immigration Rules (the Rules) set out in HC 667 that are likely to be of most interest to business immigration advisers. HC 667 was issued on 3 November 2016, along with an Explanatory Memorandum (EM).The Statement of Changes was widely anticipated in advance, as the government had announced on 24 March 2016 that it would implement its first tranche of Tier 2 changes in 'Autumn 2016', following its consideration of the Migration Advisory Committee's reports on its review of Tier 2 and partial review of the shortage occupation list: Review of nursing. HC 667 implements these changes to Tier 2, together with a raft of technical changes in numerous categories, including significant changes to the Rules on validity of applications for leave to remain, overstaying and evidential flexibility in Points-Based System (PBS) applications. Also, a new A2 English language requirement being introduced from 1 May 2017 for those who, having been granted an initial period of leave to enter or remain as a partner or
PRACTICE NOTES
This analysis covers the main changes to the Immigration Rules (the Rules) set out in HC 693 that are likely to be of most interest to business immigration advisers. It is possible to navigate to specific topics quickly using the Contents bar at the bottom of the page. HC 693 was issued on 16 October 2014 and covers a wide range of new measures including: • the introduction of new procedural rules and Appendix AR, which covers the administrative review (AR) procedure which replaces appeal rights for Tier 4 students and their family members, who have not made a human rights or protection claim • substantive changes to the Tier 1 (Investor) category, further to the government's consideration of a related report from the Migration Advisory Committee which was published earlier in the year • what many commentators are calling the 'final death knell' of the Points-Based System (PBS), with the introduction of genuineness and related subjective tests into various of the remaining PBS categories that were previously unaffected • specific provisions
PRACTICE NOTES
This analysis covers the main changes to the Immigration Rules (the Rules) set out in HC 877 that are likely to be of most interest to business immigration advisers. HC 877 was issued on 11 March 2016, along with an Explanatory Memorandum (EM). This statement does not include changes to Tier 2 of the Points-Based System (PBS) following the recommendations of the Migration Advisory Committee (MAC) in its report published in January 2016, as the Home Office is yet to respond formally to the MAC review. Changes to the Immigration Rules relating to Tier 2 are anticipated in the summer or autumn. Note that two sets of corrections were added to the preliminary pages of HC 877 in March 2016, prior to implementation of the Statement. It is possible to navigate to specific topics quickly using the Contents bar. Implementation Unless otherwise stated, the changes take effect for applications made on or after 6 April 2016. Applications made before this date will be decided in line with the Rules in force as at
PRECEDENTS
TO: [insert full name of tenant] of [insert address] (the ‘Tenant’) [and [insert full name of recognised tenant’s association] of [insert address] (the ‘RTA’)] FROM: [insert full name of landlord] who is the [ freehold OR long leasehold] owner of the building known as [insert address] (the ‘Landlord’) RE: NOTICE OF INTENTION DATED [DATE OF NOTICE OF INTENTION] (the ‘Notice of Intention’) [THE LANDLORD OR WE [NAME OF SOLICITORS OR AGENTS] AS [SOLICITORS AND] DULY AUTHORISED AGENTS FOR AND ON BEHALF OF THE LANDLORD] GIVE[S] NOTICE AS FOLLOWS: 1 The relevant period specified in the Notice of Intention expired on [insert date].
GLOSSARY
Statements to regulate the conduct of insolvency practitioners. Departure from the standards established in SIPs is a matter that may be taken into account by regulatory bodies in the event of disciplinary or regulatory action. They are commissioned by the Joint Insolvency Committee (JIC), produced by the Association of Business Recovery Professionals (R3), approved by the JIC and then adopted by each of the regulatory bodies.
GLOSSARY
Statements to regulate the conduct of Insolvency Practitioners. Departure from the standards established in SIPs is a matter that may be taken into account by regulatory bodies in the event of disciplinary or regulatory action. They are commissioned by the Joint Insolvency Committee (JIC), produced by the Association of Business Recovery Professionals (R3), approved by the JIC and then adopted by each of the regulatory bodies.
PRACTICE NOTES
This Practice Note considers Statement of Insolvency Practice 16 (SIP 16) requirements for pre-packaged (pre-pack) sales in administration, including preparatory work, marketing, valuations and connected person sales.It also covers the SIP 16 statement and disclosure within seven days of the transaction, and monitoring of SIP 16 compliance. Insolvency practitioners (IPs) are required to comply with both legislation and Statements of Insolvency Practice (SIPs). SIPs are a series of guidance notes issued by the Joint Insolvency Committee. See Practice Note: Statements of Insolvency Practice—a quick guide for more details on the SIPs available. SIP 16 was introduced to prevent perceived possible misuse of pre-pack administration sales and requires an administrator to take various actions in relation to preparatory work, marketing and disclosure. When does SIP 16 apply? SIP 16 states that it applies to all pre-pack sales in administrations, irrespective of who the purchaser may be. A pre-pack sale is a sale negotiated before appointment and effected immediately or shortly after appointment (for further information, see Practice Note: What is a pre-pack administration sale?). Where a sale involves a substantial