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Topic: Changes to the Immigration Rules.  (Read 4126 times)

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Changes to the Immigration Rules.
« on: November 04, 2016, 10:39:26 PM »
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/564933/57079_-_HC_667_-_Web_Accessible.pdf

Lots of changes. Some small.


On page 14 of 16 (page 87 of 90)
The '28 days overstay not a ground for refusal;, is being abolished.

"This 28 day period was originally brought in so that people who had made an innocent mistake were not penalised, but retaining it sends a message which is not consistent with the need to ensure compliance with the United Kingdom's immigration law."

The 28 days is being abolished. It's being replaced with "where the Secretary of State considers there is good reason beyond the control of the applicant" and "provided the application is made within 14 days of the expiry of leave".

So no more people using this 28 days just as an addition to the end of their stay, to make a new application.
« Last Edit: November 05, 2016, 11:46:16 AM by Sirius »


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Re: Changes in the Immigration Rules.
« Reply #1 on: November 04, 2016, 11:29:23 PM »
It's reading like those who put in an in county and in date application but are refused after the expiry of their visa, will just get 14 days to get a new application in.



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Re: Changes in the Immigration Rules.
« Reply #2 on: November 05, 2016, 11:23:05 AM »
The already announced Tier 2 changes are there i.e.
General - expereinced rate to be a minimum of 25k or their code rate, whichever is the higher, rising to 30k minimum experienced rate in the spring. Who will get transitional protection from this and who won't. Exemption for a while just for the teachers the UK wants, maths, physics etc

Nurses still on the shortages list but RLMT to be carried out.

ICT - all the annouced changes, with start date. It seems to be 41 minumum salary for an ICT visa? This will catch those in that loophole we found before when their dependants can work, get sponsored as a Tier 2 and then the ICT holder becomes the dependant: then both on a route to settlement on a T2 General visa. The UK seems to be saying they can do this but it is now only when both partners are high skilled as the ICT visa holder must now earn at least 41k.

It is easier for graduates, to get an ICT visa as their salary requirment has been lowered.

Changes to those using the Tier 1 Entrepenuer route i.e. on what documents they must now provide for visas and renewals.

NHS - Family route now have the £500 limit too. Apparantly this lower limit of £500 from April was just for visitors to be refused, but now family visas are included too.

Higher level of English required for visas.



« Last Edit: November 05, 2016, 11:38:43 AM by Sirius »


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Re: Changes to the Immigration Rules.
« Reply #3 on: November 05, 2016, 11:54:13 AM »
Sirius, a big thank you for always keeping us posted about the latest changes to the rules.
I for one, really appreciate it!  ;D
March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.


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Re: Changes to the Immigration Rules.
« Reply #4 on: November 05, 2016, 03:10:39 PM »
I think the reason for having any "cushion" at all for overstayers is for cases like flight delays/cancellations and other unforeseen situations that would prevent one from leaving as originally planned by the visa expiration date.


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Re: Changes to the Immigration Rules.
« Reply #5 on: November 05, 2016, 04:01:05 PM »
I think the reason for having any "cushion" at all for overstayers is for cases like flight delays/cancellations and other unforeseen situations that would prevent one from leaving as originally planned by the visa expiration date.

AFAIK, their was never 28 days grace for these people and not the new 14 days either. They must always leave by their end date and if they don''t, then they are overstayers. That overstay will have to be declared on future applications to enter most countries.

The 28 days was for those with a LLR visa who forgot to renew their visas to remain in the UK, on time. i.e. someone who is married to a Brit, but forgot the date they had to renew their LLR visa and missed that date. As long as they were within 28 days, they were not overstayers. This is changing as per the quote in the first post.

It was also for those who applied with a valid, in time, visa to remain just before their visa expired and were then refused. Meaning that by the time they heard they had been refused their visa had expired. To avoid them being an overstayer, they had up to 28 days to pack up and leave the UK, now 14 days. Or if allowed, up to 28 days to get another visa application in: of course if that was refused too, then they were an overstayer as they didn't have an in date visa when they applied. Those in this situation who would have got the 28 days, will get the 14 days in the interest of fairness, so that they don't end up being overstayers.

For the Good Character rules for settlement, at the moment, any overstay of less than 28 days does not mean a fail of GC. I assume this will change to 14 days in future? Or because this new 14 days is not for everyone who is late with a visa application and involves the consideration of the Secretay of State, they could change the wording for overstaying and being of good character.
« Last Edit: November 05, 2016, 04:37:50 PM by Sirius »


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Re: Changes to the Immigration Rules.
« Reply #6 on: November 05, 2016, 04:13:00 PM »
Sirius, a big thank you for always keeping us posted about the latest changes to the rules.
I for one, really appreciate it!  ;D

Thank you larrabee. I know these changes won't affect your spouse, but you are such a kind person that you had to post with thanks. You are one of the best.

TBF, I was sent this link by email from a mod on one of the largest immigration sites: another kind person. Then we spent hours reading them together.
« Last Edit: November 05, 2016, 04:16:37 PM by Sirius »


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Re: Changes to the Immigration Rules.
« Reply #7 on: November 05, 2016, 04:39:28 PM »
Aw, shucks Sirius, you make me blush!  :D  Thank you!
March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.


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Re: Changes to the Immigration Rules.
« Reply #8 on: November 08, 2016, 08:52:26 PM »
I'll be interested to see what the Secretary of State deems to be a good reason for lateness. It should be noted that the Rules now include the representative in that 14 day rule. So if your rep has been naughty and not got it in, you might suffer for it.

Personally I can't see anything short of 'hit by a bus the day before' being a good reason for being late. I think it'll just be another way for applications to be refused so they can force people to pay an £800 appeal fee.
There are two things in life for which we are never truly prepared:  twins.


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Re: Changes to the Immigration Rules.
« Reply #9 on: November 10, 2016, 12:15:36 PM »
I am glad to see someone else is reading all this, Ashley.

Things that were meant to help those that just made a mistake, are now being widely abused. It's that constant abuse from those who think that UK immigration rules don't apply to them/they don't have to follow the Directive of being a Qualified Person for Free Movement to be in the UK, work when not allowed to/not allowed to anymore etc  that have brought about these changes.

Even those who abuse the UK as visitors (say they are only staying for a few weeks but had already decided to change the date of their return ticket to extend their visit, but keep to the six months) are having problems when they try to visit the UK again as they lied when they last visited.

The Immigration Act 2014 and the new Immigration Act 2016, also has far reaching powers to stop the abuse.
http://www.legislation.gov.uk/ukpga/2014/22/contents

http://www.legislation.gov.uk/ukpga/2016/19/contents/

If you don't understand these then you can google as there are plenty of solicitor sites who have explained what these laws will mean for immigrants who have not been granted settlement (ILR or British citizenship). You can also google to see what you must comply with to be legally in the UK as: an EEA citizen; Family Member or Extended Family Memebr of an EEA citizen.


It's those who look to abuse the UK that parliament are shutting down. However, these changes might affect a few genuine people too who forgot to renew their visa on time, or don't to fill in their applications correctly. Put a reminder on your calender and check your applications carefully before you send them.


I think it'll just be another way for applications to be refused so they can force people to pay an £800 appeal fee.

From 1st December 2016 there are no in country appeals, under the Immigration Act 2016

http://www.legislation.gov.uk/uksi/2016/1037/made

It will then be up to the Home Office to decide if they will allow the applicant and in county appeal or whether they will have to go home to their own country and appeal from there.

According to those who have been refused on the points based or student visas (their change came in earlier) details of where they can apply from (inside or outside the UK) is given in their refusal letter.

« Last Edit: November 10, 2016, 01:17:27 PM by Sirius »


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Re: Changes to the Immigration Rules.
« Reply #10 on: November 10, 2016, 12:34:15 PM »
It's that constant abuse from those who think that UK immigration rules don't apply to them/they don't have to follow the Directive of being a Qualified Person for Free Movement to be in the UK, work when not allowed to/not allowed to anymore etc  that have brought about these changes.

These new regulations are actually a misunderstanding of Treaty, perhaps intentional. It's almost as if they don't want to be in the EU anymore.
I just hope that more people will ignore the fatalism of the argument that we are beyond repair. We are not beyond repair. We are never beyond repair. - AOC


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Re: Changes to the Immigration Rules.
« Reply #11 on: November 10, 2016, 03:13:05 PM »
Some of you might remember I almost used the 28-days thing last year when I was in a bit of a tight spot. A lawyer told me I could use it while I got my fiancée visa together. She was so wrong. When I confronted the company they told me they staid that because it was in my best interest so I could stay with my partner for as long as possible! I would've been in more trouble now for sure (and a lot more in debt for paying them for it!)


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Re: Changes to the Immigration Rules.
« Reply #12 on: November 10, 2016, 03:19:04 PM »
Some of you might remember I almost used the 28-days thing last year when I was in a bit of a tight spot. A lawyer told me I could use it while I got my fiancée visa together. She was so wrong. When I confronted the company they told me they staid that because it was in my best interest so I could stay with my partner for as long as possible! I would've been in more trouble now for sure (and a lot more in debt for paying them for it!)

I remember. So happy things went the way they did for you Bri.
March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.


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Re: Changes to the Immigration Rules.
« Reply #13 on: November 10, 2016, 03:57:31 PM »
Some of you might remember I almost used the 28-days thing last year when I was in a bit of a tight spot. A lawyer told me I could use it while I got my fiancée visa together. She was so wrong. When I confronted the company they told me they staid that because it was in my best interest so I could stay with my partner for as long as possible! I would've been in more trouble now for sure (and a lot more in debt for paying them for it!)

The big thing is the current tightening of "good character" requirement for citizenship.  That 28 day overstay may have been okay for the visa, but possibly not for citizenship.  And an extra 5 year wait IS a big deal!  I'm glad you followed our advice and have nothing to worry about!


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Re: Changes to the Immigration Rules.
« Reply #14 on: November 10, 2016, 04:43:05 PM »
The big thing is the current tightening of "good character" requirement for citizenship.  That 28 day overstay may have been okay for the visa, but possibly not for citizenship.  And an extra 5 year wait IS a big deal!  I'm glad you followed our advice and have nothing to worry about!

I think you could be right. And isn't GC something like, 10 years from when they became legal?

I think I read in this document that the 28 days will still be allowed for visas if it happenened before the new rules come in???

When that 28 days max was brought in for the changes for GC in December 2014(?) it was for all applications from that date. Meaning that those who had overstayed longer than that before the new 28 day rule and would have have been granted BC before under the rules when they overstayed, now failed the Good Character requiement for BC if their application was decided from the new GC rules date. This included those who got their BC application in months before the new GC rules started.

Things like Cautions were added to the GC too and immigration crimes such as illegal entry to the UK, for all BC application granted from that date.
« Last Edit: November 10, 2016, 05:35:06 PM by Sirius »


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