It’s Halloween, should we be scared of the Immigration Rules changes?
A
fresh wave of ‘scary’ changes was announced on the 16th October 2014.
We are going to outline a few, which in our opinion affect the applicants in
our immigration practice.
Tier 4 Student category: applicants inside the UK will be able to request an Administrative Review if their application is refused – but not an appeal anymore – which is in- line with the rights of those applying outside the UK. This change was implemented almost immediately – to avoid the rush of applications before the changes come in force.
From 1 January 2015:
If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training
From 20 October 2014:
Tier 4 Student category: applicants inside the UK will be able to request an Administrative Review if their application is refused – but not an appeal anymore – which is in- line with the rights of those applying outside the UK. This change was implemented almost immediately – to avoid the rush of applications before the changes come in force.
Under
the Administrative Review process, a different UKVI caseworker will re-consider
the case. Additional documents won’t be allowed unless justified to show why it
was a mistake to refuse a visa at first place.
An
appeal would have taken several months (approx 12 weeks) while an Administrative
Review is expected to be taking 28 days. Less time for a maneuver for those
with visa refusals, thus making it harder to stay in the country. We think
there is going to be a high number of reviews and therefore, how the 28 days
promise is going to be adhered remains to be seen. (We have all seen what
happens if the Home Office receives an unexpectedly high number of
applications!)
This is the future of
the other categories too! Appeals will eventually become very limited
for the migrants in other categories too, making it harder to challenge a visa
refusal and thus ‘buy the time’ to extend your stay in the country.
And making it even
more important to get the application right from the start! We tend
to say this to the clients who seem to be keen on potential appeals: we work to
get your application right from the start because if your application is right you
normally don’t need an appeal (or challenge the decision otherwise). This motto
has served us well so far!
From 6th
November 2014:
Tier 1 (Investor)
category:
applicants will need minimum 2 million Pounds instead of ‘just’ 1 million. The
whole amount will have to be invested in the specified ways (no ¾ of it).
Tier 1 (Entrepreneur)
category:
those making an initial application (switching) inside the UK will have to have
the available funds in the UK. At the moment the funds can be abroad. So, it means
those applying outside the UK can hold the funds anywhere (including the UK)
but those who are applying inside the UK (initial application) can only hold
the money in the UK at the time of application.
From 1 January 2015:
Tier 5 (Youth Mobility
Scheme): a number of places will be changed, fewer places for Australians, more for New
Zealanders, for example (seems Halloween has worked well for the Kiwis).
For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com
