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The UK’s choice to exit the European Union has made a comprehensive reassessment of the country’s immigration framework necessary. On 18 September 2018, the Migration Advisory Committee (MAC) released its final report on European Economic Area (EEA) migration in the UK, designed to provide an evidence base for shaping a new migration system to operate after the end of the implementation period from 1 January 2021. The report sets out multiple conclusions on the effects of EEA migration to the UK, together with a series of proposals which, if taken forward, would have a significant bearing on the way EEA nationals are permitted to participate in the UK labour market once Brexit has taken effect. However, the document does not tackle whether EEA nationals ought to be treated differently within the family migration system, observing only that there could be large effects which should be taken into account. The key findings The report considered a vast body of evidence on the impact of migration from the EEA...
This review outlines the key amendments to the Immigration Rules contained in HC 1039, most relevant to advisers on business immigration. These amendments take effect on 6 April 2013 and, unless specified otherwise, apply only to applications lodged on or after that date. They are expected to be of particular interest to business immigration advisers. Visitors Intention not to live in the UK for extended periods Paragraph 41(ii) has been added within the General visitor route, introducing a condition that applicants must not plan to reside in the UK for prolonged periods via frequent or successive visits, or by stringing visits together to create an extended period of residence. Paragraph 41(ii) applies across several other visitor categories, namely: child visitor business visitor sports visitor entertainer visitor parent of a child at school visitor for marriage or to enter a civil partnership visitor under the Approved Destination Status agreement visitor undertaking permitted paid engagements It...
This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 1779 HC 1779, together with an Explanatory Memorandum (EM), was issued on 11 December 2018. It sets out: removal of the requirement to provide specified documents for absences over 180 days arising from compelling and compassionate reasons in settlement applications under the Ancestry route updates to the Tier 1 (Exceptional Talent) route, including: an extra four months granted to entry clearance applicants expanding eligibility to include architects revisions to the endorsement qualifying criteria changes to Tier 2 of the Points-Based System (PBS), including: introducing a requirement for an Academic Technology Approval Scheme (ATAS) certificate for Tier 2 (ICT) migrants when studying certain ‘sensitive’ courses updating the Rules to refer to Find a Job rather than Universal Jobmatch for the Resident Labour Market Test (RLMT) setting a salary threshold...
Resident Labour Market Test (RLMT) When placing a vacancy under the resident labour market test (RLMT), a sponsor must retain a screenshot of the website taken on the day the advert first goes live, unless the advert itself shows the date it was posted, in which case the screenshot can be produced at any point while the listing remains valid. See Practice Note: Resident Labour Market Test. If the wording of the advert is altered, the screenshot held by the sponsor to meet the above requirement will not match the actual particulars of the role (including the remuneration package). This inconsistency could lead, on audit, to a finding that the RLMT process was not followed. To minimise the risk of non-compliance on this matter, it is advisable to repost the advert, capture the requisite screenshots on the first day it appears as required by the RLMT, and refrain from changing the advert’s contents throughout the minimum 28-day period...