UK Announces Visa And Immigration Changes For October 2019 -28th September, 2019

UK Announces Visa And Immigration Changes For October 2019
The changes made by the UK in Tier 2 Sponsor License and Tier 2 visas benefit many employers and immigrants.  The system was unjust, expensive and bureaucratic and is ripe for the changes.  The changes can adequately deal with any situation after exit of Britain from the EU when that happens. These changes will begin the implementation stage in Oct 2019, and are notable in the category of Tier 2 General visa, as also in the UK startup and innovator visa, the Tier 1 Exceptional Talent visa and finally in the EU Settlement Scheme.

These changes will be rolled out on 1st and 6th October 2019. The major change is the increased Tier 2 Shortage Occupation List in which many new jobs will be added for tackling the skills shortages in Kingdom.

There is a hope that the expanded SOL will apply to all Tier 2 visa sponsorship certificates issued from 6th October.

Main changes - Tier 2 General visa category

This category will have a series of changes. The Tier 2 Sponsor License as well as the Tier 2 visa, enables companies in UK, to sponsor skilled, nationals of non-European Economic Area for many job roles in Britain. The limit for issuing Tier 2 visas to migrants that live outside the UK is 20,700 per annum, and also has monthly allocations of around 2,000. Also there is no set limit to employ migrants on Tier 2 visas that apply from inside the UK.

The expanded SOL includes veterinarians, architects, and web designers, on the recommendation of Migration Advisory Committee in the UK and Scotland also benefits from added occupations in its specific list.

People working in occupations in the added SOL get a priority to obtain the Tier 2 visa, further on of job roles that are not present on the list.

More changes in UK Immigration

There is a removal of jobs at PhD level from the annual visa quota and as a result the places are free for other skilled workers.

Absence from the UK previously counted in Indefinite Leave to Remain is not applicable to Tier 2 PhD level immigrants associated with foreign research projects in a direct link to the employment. Dependent partners that accompany the main visa holder are also exempt from the rule.

Also there will be no penalty on Tier 2 migrants who are absent from work

  • Owing to illness,
  • Statutory parental leave,
  • Assisting humanitarian or environmental crisis
  • Getting involved in strike action in a legal manner
Tier 1 Exceptional Talent visa

This category is set aside for exceedingly talented persons in science, engineering, digital technology, humanities, and the arts, aiming to return to the UK without sponsorship for specific occupations.

Applicants must get the endorsement of the Designated Competent Body. Tier 1 visa applicants for Exceptional Talent aiming to seek the endorsement from

  • The Royal Society,
  • The Royal Academy of Engineering,
  • The British Academy,
Have to consider these changes with effect from 1st October, 2019:
  • The list of fellowships (peer-reviewed) will now include fellowships of the National institute for Health Research.
  • The criteria includes applicants who hold peer-reviewed fellowship in the year before the date of application
  • It also permits more eligible senior academic/research positions
Another category and the rules

Applicants seeking the endorsement from Tech Nation have to consider these changes with effect from 1st October, 2019:

Provide three letters of support, in the digital technology sector to know more skills of applicants and their value addition to the sector.

The ‘product-led’ addition to the requirements aims to ensure that the Exceptional Talent visa will be issued to immigrants having suitable skills.

Startup and Innovator Visa

This began in March 2019, and was created for global entrepreneurs aiming to establish businesses in Britain, backed by the endorsing body. These changes take effect on 1 Oct, 2019:

  • An organization has to fulfill the backing to qualify as the endorsing body an organization from
  • The core department directed by a UK government minister, or
  • A regional authority led directly by the elected mayor
  • A conflict of interest or purpose of the categories or with immigration policy leads to the rejection of request
  • An amendment to the visa category enables students who apply for the startup visa, with the support of the endorsing body, can engage in business when their application is undergoing a review
  • An exemption is added to startup visa application by removing the requirement for students in the doctorate extension scheme to previously establish a UK company.
The EU Settlement Scheme

For remaining in the UK later than 2020, EEA and Switzerland nationals, and family members, have to apply for staying in the EU Settlement Scheme.

Their guidelines from 1 October, 2019 are:

  • They can apply to remain in the UK in the EUSS till March 2022 where a relationship exists on the day of Britain leaving the UK or till 31 December 2020
  • Non-EEA family members belonging to EEA citizens getting the EUSS status can apply, freely, to get the EUSS travel permit when they lose biometric card or when it is stolen overseas.
  • Persons who have the revocation of UK immigration status in EUSS can opt for an administrative review. They can challenge a decision on their application or on absence from the Kingdom.
Work visa (Post-study) and reviewing Australian system of immigration

There is a possibility of reinstatement of the post study work visa for two-year in 2020.

The Home Secretary commissioned the Migration Advisory Committee for carrying out the review of the immigration system prevalent in Australia, as a part of post exit plan for Britain from the EU.

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