Statement of changes into immigration rules presented to Parliament
In some circumstances, an applicant may challenge a decision on their application or in
respect of their leave by applying for administrative review.
This instrument mandates online applications for administrative reviews where the
original application was made online. This is in line with the Government’s wider
modernization programme of ‘digital by default’. Paper applications for administrative
review will remain possible for those who made their original valid application on
Minor amendments relating to the Start-up and Innovator categories
The Start-up and Innovator categories were introduced in March 2019. They are for
people seeking to establish an innovative, viable and scalable business in the UK,
whose business ideas are supported by an authorized endorsing body. The following
changes are being made to these categories:
• A change is being made to the Tier 4 (General) rules to allow students who have
submitted a Start-up application supported by an endorsing body to commence
their business activities whilst their application is being considered;
• An exemption from the requirement for ‘start-up’ applicants not to have
previously established a UK business is being added for Tier 4 (General) students
on the doctorate extension scheme;
Minor amendments to the Tier 1 (Investor) category
The Tier 1 (Investor) category is for high net worth individuals making an investment
of at least £2 million in the UK. The following changes are being made:
• The changes made in March 2019 to closing dates are being flexed to allow
applicants to make extension or settlement applications after these dates, provided
that they move their qualifying investments out of UK Government bonds before
either 6 April 2023 in the case of extension applications, or 6 April 2025 in the case
of settlement applications.
Minor amendment to Tier 1 rules – Exceptional talent criteria
The Tier 1 (Exceptional Talent) category is for talented individuals in the fields of
science, humanities, engineering, the arts and digital technology to work in the UK
without the need to be sponsored for employment in a specific post. Applicants must
be endorsed by a Designated Competent Body.
At the request of one of the Designated Competent Bodies, Tech Nation, a number of
changes have been made:
• There must be three, rather than just two, letters of support provided by established
organizations in the digital technology sector to permit more in-depth consideration
of an individual’s skills and the contribution they would make to the sector;
Minor amendment to update the accepted English language test providers and Exemptions
to the English language testing requirement.
An amendment is being made to Appendix B and Tier 2 (General) requirements to
exempt doctors, dentists and nurses and midwives, when making a Tier 2 (General)
application, from having to sit an approved English Language Test if they have already
passed an English test accepted by the relevant professional regulatory body 5. A
corresponding amendment is also being made to provide that Tier 2 doctors, dentists
nurses and midwives who have passed such a test are treated as having demonstrated
sufficient knowledge of the English language for the purpose of settlement.
Amendments are being made so that applicants are no longer required to provide
documents showing that they have sat an approved English Language Test but need
only to provide the English Language Test unique reference number for checking.
Minor amendment to Knowledge of language and Life (KOLL)
Amendments are being made to Appendix KOLL so that applicants are no longer
required to provide original documents as proof of passing the ‘Life in the UK’ test but
need instead only to provide the unique reference number for checking.
Tier 4: Switching into Tier 2
Tier 4 students studying at degree level or above are now permitted to apply to switch
into the Tier 2 route within 3 months of the expected end date of their course, to
facilitate such students taking up skilled work in the UK following the successful
completion of their studies. A corresponding change is being made to the Tier 4
conditions of leave to allow such students to commence work with their Tier 2 sponsor
if they have applied to switch into the Tier 2 route within 3 months of the expected end
date of their course.
Posted on Sep 08, 2019.
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