formula

It affects every visa.

https://www.gov.uk/government/upload...tion_Rules.pdf

Pollyana

For the benefit of those who don't wish to read 215 pages of 'government speak' would you mind outlining some of the main changes in plain English?
Thanks!

formula

Your right, It is a very long document and although I spent a few hours reading it last night, I haven't had chance to read it all. Work calls I was hoping a retired poster would read it all. Scroll past the "government speak" and it is then in plain English. Some solicitor sites have up their interpretation, but I don't know how good they are at their job. Your can google those if you would rather do that than read the official document.

The document is listed in visas, so people can look at their own visa.

From what I read last night:-

Those with LLR can be called to ensure they still meet the terms of their visas.

Some clarification on using rental money to meet the financial agreement (to make it easier for the applicant).

The very easy to get Tier 1 visa that closed in 2010/11 and is stopping extentions in 2016 (that law already came in) has changes. We already no there are no extensions to this closed visa, past 2016. Which means no ILR for those that didn't keep to the terms of their visas; committed crimes in the UK and fail the new Good Character requirement for PR; lied on any application form; entered the Uk illegally or overstayed a visa for more than 28 days; got the visa and then moved back out of the UK for a few years. Again, this we already knew. However, these new changes ensure they can't look for another easy visa to remain in the UK ie Sham marriage, Tier 1 (Entrepreneur) visa. If they are skilled, they can apply for a Tier 2 (General) work visa to remain in the UK.

Some new laws on stopping sham marriages that started 2 March 2015. Time changes for notice to marry and in some cases, 70days plus holdup while UKVI investigate. All notice to marry to now be reported to UKVI if one if the party doesn't have PR in the UK (PR includes RoA) or a visa to marry in the UK.

Increases to earning requirement for Tier 2 General.

Changes to Tier 2 (ICT). Now no 12 month cooling off period outside the UK if their ICT visa was just for 3 months.

The Student visitor visa to be removed and replaced by a type of tier 4 visa (I think).

Parents who have children under 18(?) on a student Tier 4 visa, can now apply for a visa for 12 months instead of just 6 months but still no working or public funds.




The 15 visitor visas have been replaced by 4. Which means that those who wanted the old general visitor visa, now fall into a different visa. That visa means they can now work without pay if they want, but only for 30 days or fewer and only for a registered UK charity. Something about attending meetings too so I assume the Business visa is going into that group? I forget. It was a big read to start at past midnight.

As I said before, ksand on uk-yankee said that people will only get stamped in for a visit for the time they asked, and that abuse has been closed in these new rules. So no more getting stamped in for 6 months when you ask for say, two weeks, then just changing the date of your return ticket for 6 months later. However, once in the UK the visitor can apply to extend their visit to the full 6 months if they change their mind, but that will cost them about £600 to apply for that extension. Lying to try to enter the UK as a visitor, or entered the UK on deception, or withheld material facts, now carries a 10 year ban. Visits rights can be removed even if they are in the UK. Overstay for more than 28 days and its a 10 year fail for the Good Citizenship requirement if ever you wanted UK citizenship.

The changes make clear that people can not live in the UK on a visitor visa. The new visitor visa will allow people to exit and enter the UK on that same visit, for as long as they have been stamped in for when they first arrived. Although some visitors will only be allowed a single or double re-entry.

I assume this 10 years ban for lying to gain entry as a visitor or for hiding materal facts, together with the report to UKVI if they try to marry, will stop those who enter on as a visitor and then try to marry in the UK? They will now need to arrive on the correct visa to marry, if they they want to ensure their marriage goes ahead. That includes non visa nationals too.

Changes for medical visa for private healthcare.

Changes to the Tier 4 student visas.

Changes for Tier 1 (Entrepreneur) visa to close loopholes. The same for the Tier 1 (Investor) visa.

Better arrangements for the Tier 1 (Exceptional Talent) visa, to encourage them to stay.

I haven't found the Tier 5 changes yet

Massive changes for Asylum seekers, especailly those who claim asylum just to extend their time in the UK when their visa has ended.

Have a read. Perhaps people can put what changes they find on this thread?

Pollyana

Thanks for that! And yes, I agree, if people could post about the changes they unearth, that would be great Like you, I would love to have time to read and digest, but the boss thinks otherwise

formula

I'm not fit for work today as I stayed up too late reading that document. I'm just pretending to be busy.

BTW, I changed my post since you quoted it.

michali

Thanks formula! It really is a loooong document. I noticed the part about ongoing checks on those on LLE. I guess that applies to those on spousal visas. It makes sense really as I am sure there are still a lot of sham marriages going on.

formula

Oh, just remembered. Some applicants will be asked to get details of their criminal history from every country they resided in for 12 months or more, over the previous 10 years.

formula

Maybe even those who claimed they had been given 62'5 k as a gift and they entered the UK and then returned the loan?

I saw one on another forum where she had already split from her husband and was getting divorced, but used her spouse visa to return to the UK.

Some visa nationals have to report to police stations as part of their visa conditions, but some haven't bothered. It could be that too? Although they will also get caught under the new Good Character requirements that came out in 2014.

It's an easy read if you scroll down a bit and then start reading. Much of it is just a rehash of rules already in place, but is being rewritten to make it easier to understand. If I can understand this document, anyone can.

I don't think any changes are going to cause a problem for the honest people. It kind of makes it better for all those immigrants that have kept to UK laws as there is now no reward for those who didn't.

WEBlue

A good summary (IMO) of many of the changes is here. Written in clear English, too, unlike the original document.

Wellesley Law | Property and Immigration Solicitors Central London





A few of these changes have been the subject of posts here on BE, such as :

http://britishexpats.com/forum/citiz.../#post11580127

http://britishexpats.com/forum/citiz...effect-852389/

mustafakemal

Anyone knows what this is all about:

'a new list of the approved English tests will be used'

formula

It will be something to do with the journo exposure about fake English tests. UKVI are curtailing visas/detaining/deporting those who committed this fraud. Some English testing firms are now not allowed. From your quote, it seems there is now a new list of acceptable English tests for a visa/UK citizenship.

Here is one of the many threads about it.
http://www.immigrationboards.com/uk-...e-t169773.html

michali

I am reading on another forum about the changes and they mention removal of the right of appeal for applications for some visas. I cannot seem to find if or how this might impact spousal visas, FLR(M) and ILR applications. The right of appeal has been the safety net for many such applications. If removed then it is going to be even more imperative to ensure that one submits every necessary document first time! These forums are going to be even more essential to guide applicants.

formula

The right of appeal was already removed from some visas i.e. the 15 types of visitors visas. One change I read was that applicants must now first ask UKVI for a reconsideration if they think UKVI was wrong. This brings it in line with the way welfare claims are handled.

If any visa is refused and it is the applicants fault, it is often quicker to submit a new application and just make sure the reason for the refusal is corrected in that second visa.

I assume it will also tackle those who keep putting in appeal after appeal that they know will fail because they never met the critera for a visa, just to try to extend their time in the UK. That practice has got much worse since a requirment was brought in for students to progress in their studies before they are issued another student visa. Before, they could keep failing their course and just keep applying for the same course, or apply for another basic course at the same level. By doing that for 10 years, they could then have ILR.

michali

I can understand the reasoning for some of these changes but I would like to know if the appeal process is to be removed for those applying for spousal and particularly FLR (M) and ILR. There is a poster on another forum who has been refused FLR(M) and is appealing and may well be accepted. However, if the appeal process is removed, then applicants would have to return to their home country when their present visa expires and reapply. But reapply for what? fLR(M and ILR applications are made within the UK so how would they reapply from outside the UK? I have read the document again and cannot find the answer to my question!

formula

For those that are allowed an appeal for their visa, from what I am reading (skimming) it's only being removed in the sense that the first port of call will now be an Administrative Review, instead of a court appeal first. The same as they do for refused welfare claims when someone else looks at the claim to see if it was a correct refusal and if the claimant still doesn't agree with the AR finding they can then fund themselves for a court appeal.

If applicants get a refusal, UKVI seem to list why. If you can see it was a UKVI mistake then apply for an Administrative Review. If it was the applicants error, apply again during the allowed timeframe and address the error.

The appeal changes seem to be the ones addressed under the Immigration Act 2014, for those trying to use Human Rights or Asylum to remain in the UK when they have no case. They try and delay things i.e. by not sending back the information they are asked for; ask on the internet which court areas have the biggest backlog so that they get more time before their case is heard; put in for visas they know they won't get ect They are just trying to extend their time in the UK by using lots of appeals, even though they know they will lose every appeal.