Changes to the Immigration Rules - 13 December 2012

Micawber · Dec 14, 2012

13 December 2012

A number of changes to the Immigration Rules come into effect today (13 December 2012). These changes will affect non-European Economic Area nationals applying to enter or remain in the UK.

The changes include:
Non substantive changes to all PBS tiers.
Establishing a more robust and clear criminality framework against which immigration applications will be assessed.
Amendments to clarify the absences from the UK that are allowed during the continuous residence period for settlement for Tier 1 (General), Tier 2 and pre-points based system work routes (for example work permits, self-employment and business person).
Minor changes to the child and parent routes to make them as clear and comprehensive as possible and changes to simplify the operation of the income threshold for sponsoring family migrants.

We have also updated our application forms and guidance, please see our application form news item for further information.

Further information, including the Statements of Changes to the Immigration rules (HC 760 and HC820), and the Explanatory Memorandum can be found in the news story published on 22 November 2012.

Source:-
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/december/17-rules

Anon220806 · Dec 14, 2012

Read and noted. Thanks.

Micawber · Dec 14, 2012

Micawber said: ↑

................and changes to simplify the operation of the income threshold for sponsoring family migrants....
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The way these 'simplified changes' have been worded is, IMHO, poorly done to the point of being ambigious.

Here's what's stated for salaried employment:-

2. In respect of salaried employment in the UK, all of the following evidence must be provided:

(a) Wage slips covering:

(i) a period of 6 months prior to the date of application if the applicant has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the applicant has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.

(b) A letter from the employer(s) who issued the wage slips at paragraph 2(a) confirming:

(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).

(c) Personal bank statements corresponding to the same period(s) as the wage slips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.
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Here's what paragraph 13 (a & b) states (in part)

13. Based on evidence that meets the requirements of this Appendix, and can be taken into account with reference to the applicable provisions of Appendix FM, gross annual income under paragraphs E-ECP.3.1., E-LTRP.3.1., E-ECC.2.1. and E-LTRC.2.1. will be calculated in the following ways:

(a) Where the person is in salaried employment in the UK at the date of application and has been employed by their current employer for at least 6 months, their gross annual income will be (where paragraph 13(b) does not apply) the total of:

(i) The gross annual salary from their employment as it was at its lowest level in the 6 months prior to the date of application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner.

(b) Where the person is in salaried employment in the UK at the date of application and has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)), their gross annual income will be the total of:

(i) The gross annual salary from employment as it was at the date of application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner.
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There's no change to the existing basic principles of the current financial requirement principles, and the thresholds all remain the same.

Now, whether or not the wording has been carefully crafted to disguise any inferred operational changes relating specifically to a choice in the options as to income review between Category A or Category B in terms of 6 month assessment or 12 month assessment, remains to be seen.

Perhaps there's some clues in the new Application Forms or the new Guides.
Interestingly there's no change to the Partner Visa application form VAF4A

How does everyone else 'read' this ?

Anon220806 · Dec 14, 2012

The way I read it, considering the cost to the applicant, the wording ought to be more easily readable to Joe Average.

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Changes to the Immigration Rules - 13 December 2012

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Anon220806 Well-Known Member

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