Home Office publishes new Statement of Changes HC 1118
16 March 2022
On Tuesday 15 March 2022, the Home Office published its latest Statement of Changes in Immigration Rules, with an accompanying Explanatory Memorandum. The Statement of Changes set out a number of new immigration routes and appendices, as well as amendments to existing routes and appendices. In this article, we provide an overview of the changes which are set to come into force between 6 April and 22 August 2022.
NEW ROUTES AND APPENDICES
Overview of new immigration routes
Global Business Mobility – 11 April 2022
The Global Business Mobility (GBM) visa consolidates (and replaces) four existing immigration routes and introduces one new category. The five GBM routes are as follows:
Senior or Specialist Worker
This route replaces the Intra-Company Transfer (ICT) route and is available for overseas senior managers or specialist employees who are assigned to a UK business linked to their overseas employer. The salary requirement is the higher of £42,400 (up from £41,500) per year or the “going rate” for the relevant occupation code. The high earner salary has been maintained at £73,900 per annum.
Graduate trainee
This route replaces the Intra Company Graduate Trainee route. It is for overseas workers who undertake a temporary work assignment in the UK on a graduate training course that leads to a senior management or specialist role. The salary requirement has been increased from £23,000 per year to £23,100 per year
UK Expansion Worker
This route replaces the Sole Representative in the Representative of an Overseas Business route. It is for senior managers or specialist employees of an overseas organisation who are assigned to the UK to undertake work in relation to an expansion into the UK. Unlike the Sole Representative, more than one person can travel to the UK as part of the expansion project. However, they must now be sponsored. Further guidance on how the sponsorship process will operate is expected before the route comes into effect. The salary requirement is the higher of £42,400 per year or the “going rate” for the relevant occupation code.
Service Supplier
This route replaces the Contractual Service Supplier and Independent Professional provisions in the Temporary Work – International Agreement route. It is available to overseas workers who are assigned to the UK to provide services covered by one of the UK’s international trade agreements. Service Suppliers can be employed by an overseas service provider or self-employed overseas.
Secondment Worker
This is a new route for overseas workers who are temporarily assigned to the UK as part of a high value contract or investment by their overseas employer. Further guidance on the meaning of “high value contract or investment” should be published before the route comes into force, but it is expected to be a deal worth at least £50 million in accordance with the recommendation by the Migration Advisory Committee (MAC).
All five routes are sponsored and none lead to settlement, contrary to the MAC’s recommendation. The routes do not allow supplementary work (with limited exceptions).
High Potential – 30 May 2022
The High Potential is a new route for graduates who have been awarded a degree equivalent to a UK bachelor’s degree level or higher at an institution listed on the new Global Universities List. This list of “top 50 universities” will be compiled on an annual basis. High Potential is an unsponsored route that does not lead to settlement; however dependants are allowed.
Individuals will be granted two years permission (or three years if they have a PhD) and will be eligible to work and study (subject to limitations). They will not be able to access public funds.
The advantages of this route over the Graduate route are that (i) there is no requirement to be a Student in the UK; (ii) individuals can apply up to five years after the date they obtained their degree; and (iii) the rules for dependants are less restrictive.
Scale-up – 22 August 2022
This a new route for individuals recruited by a UK Scale-up Sponsor. It is a route to settlement and dependants are allowed.
First-time applicants must make a sponsored application. This means they must obtain a Certificate of Sponsorship (CoS) from a UK Scale-up Sponsor that confirms that they will work for the Sponsor for at least the first six months of their permission. The CoS must also confirm that they will be paid £33,000 per year, £10.58 per hour and the going rate the occupation code. Sponsored applicants will be granted two years permission.
Individuals who are applying to extend their stay as a Scale-up worker must make an unsponsored application. They must be able to demonstrate that they have earned monthly PAYE earnings of at least £33,000 per annum during at least 50% of their permission under the route. Successful applicants will be granted three years permission to stay.
To apply for settlement, applicants must show that they earned PAYE payments of at least £33,000 in the two years of the three-year period immediately prior to their application.
It is unclear how this new route would be an attractive alternative to the Skilled Worker route, from an employer’s perspective. The salary threshold is higher and Scale-Up workers are free to leave their sponsored role after six months. It is potentially a useful route for a start-up that is at the early stages of development and does not want to commit beyond six months’ employment. If the start-up proves successful, the employer may consider sponsoring Scale-Up workers on the Skilled Worker route (after their initial six months), assuming the Scale-Up worker wishes to stay.
Overview of new appendices
In addition to the new routes described above, the Home Office is introducing a series of new appendices. These include:
Private Life – 20 June 2022
This appendix introduces new rules for children and young adults who have been granted permission to stay in the UK based on private life. Children who have been resident in the UK for seven years and young adults (aged 18 to 25) who have spent at least half their life resident in the UK may be able to apply for settlement after a continuous five-year period (instead of 10).
Settlement Private Life – 20 June 2022
This appendix replaces some provisions in Appendix FM and includes new rules for partners and parents (and their child dependants) on the family route who must complete a qualifying period of 10 years in the UK to settle.
Relationship with Partner – 20 June 2022
Initially, this appendix only applies to Appendix Settlement Family Life, however, the Home Office has said that it will be extended to other routes to ensure that the requirements are consistent. It outlines the requirements for applicant’s partners (with no significant policy changes) and includes a new provision for polygamous and polyandrous marriages.
EXISTING ROUTES AND APPENDICES
Overview of changes to existing routes
Global Talent – 6 April 2022
Changes have been made to the endorsement and evidential requirements under the digital technology field. In addition, the list of Prestigious Prizes is being expanded.
EUSS – 6 April 2022
Numerous concessions are being incorporated into the Rules, including the concession for an EUSS family permit to be issued instead of an EEA family permit where an extended family member or a person with a derivative right to reside made a valid application by 31 December 2020 but was not issued a permit by 30 June 2021. They can start the continuous qualifying period upon arrival.
Lounes dual nationals (ie EU citizens who are naturalised British citizens but kept their original citizenship) will also be able to sponsor relevant family members under the EUSS, despite not having Comprehensive Sickness Insurance (CSI) in the past.
Student – 6 April 2022
Individuals who have applied to move to the Skilled Worker route or Graduate route will no longer be required to wait for an outcome from their application to start working.
Seasonal Worker – 6 April 2022
This route is being expanded to include roles in ornamental horticulture. A new minimum hourly pay requirement of at least £10.10 per hour is also being introduced.
Innovator – 6 April 2022
The provisions for invalid applications for settlement are being amended. Where an applicant does not meet the settlement requirements, their application will no longer be refused. Instead, their application will be varied (provided they pay the required IHS) and they will be granted permission to extend.
Hong Kong BN(O) – 6 April 2022
The provisions for settlement applications outlined above (see Innovator route) are also being introduced to the Hong Kong BN(O) route.
Overview of changes to existing appendices and Rules
Para 33A – 6 April 2022
Paragraph 33A is being deleted, removing the possibility of varying an application for permission to stay from overseas.
Para 34BB – 6 April 2022
Paragraph 34BB is being amended to clarify the rules for multiple applications in the case of applications made under Appendix EU (rules of variation do not apply) and human rights applications.
English language – 20 June 2022
A new exemption is being added to the Immigration Rules for individuals who are applying for settlement as a partner, parent or dependant child over 18. They will not need to meet the English language requirement provided they:
- have spent a continuous 15 years in the UK with permission;
- can demonstrate an English language and speaking qualification at level A2 CEFR; and
- provide confirmation from an English language teacher that they attended 75 hours of supervised learning in the past 12 months and are unlikely to obtain a level B1 through further study.
KOL UK – 20 June 2022
Individuals who qualify for the new English language exemption are not required to complete the Knowledge of Life in the UK test as part of settlement applicants.
Dependants
Across the routes, the Rules for dependant applications are changing. Dependants cannot apply unless the main applicant:
- has made a valid application that has not yet been decided;
- has been granted clearance or permission in the relevant route; or
- is already a settled or British citizen and the applicant had permission as their dependant when they settled on the route to which the applicant is applying.
Get in touch
To learn more about forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.
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