Immigration Rules: Statement of Changes September 2009

Changes to Tier 1

• When considering previous earnings for Tier 1 (General) applications periods of study leave can no longer be taken into account.
• Eligibility for Tier 1 (Post-Study Work) in country applications has been extended so that as long the applicant has obtained a  relevant qualification in the UK from any category that did not prohibit study they are able to apply (previously  you had to have been Tier 4 migrant, student or family member).
• Professional  Graduate Diplomas in Education have been added to the list of eligible qualifications for Tier 1 (Post-Study Work) applications.  This is in addition to the Post-Graduate Certificate in Education, which is already provided for.

Changes to Tier 4

• Provision has been set out for the replacement of visa letters with a Confirmation of Acceptance for Studies. This is the equivalent of a Tier 2 Certificate of Sponsorship. The Tier 4 Sponsor has to input on the online system various details about the applicant and the course and will then be given a unique reference number. The Tier 4 Sponsor must then give this number and the relevant course information to the student for use in the application form. From February 2010 only Confirmations of Acceptance will be acceptable. Until then visa letters can continue to be used.
• Applicants who applied for Tier 4 after 5 October 2009 are not able to switch to a different Tier 4 Sponsor. They must instead make a fresh application.  Applicant’s who want to change Sponsor and applied prior to 5 October should get written permission prior to changing.
• Documents used by Applicant’s to obtain acceptance on to a course are now specified documents in the guidance and should be included in the application.

Changes to Tier 2

• The restriction on Tier 2 (Intra Company Transfer) migrant not being able to own more than 10% of his Sponsors shares has been removed. This is meant to assist board members using this route.

HSMP  – ILR

• The Immigration Rules have now been amended to incorporate the amended policy allowing ILR applications after 4 years for individuals affected by the HSMP Forum (UK) Limited judgment.

Representatives of Overseas Business Category

• This has been amended to now include an English language requirement. Also while it remains a route for a sole rep for employers, media organisations are able to send more than one person. This is because Tier 2 (ICT) is not an option for media organisations without an established presence in the UK.