Tier 4 (General) Student Union Sabbatical Officer

14
Dec

Economic Migration (Tier 2 General)

Tier 2 (General)

Changes made following the Migration Advisory Committee review include:

  • Increased salary threshold for experienced workers of £25,000 (but not new entrants where the threshold is held at £20,800). This does not apply to nurse, medical radiographers, paramedics and secondary school teachers in mathematics, physics, chemistry, computer science, and Mandarin ending in July 2019.
  • As a transitional arrangement, the £25,000 threshold will not apply to workers sponsored in Tier 2 (General) before 24 November 2016, if they apply to extend their stay in  the category. The Government intends to increase the threshold to £30,000 in April 2017; there will be no such transitional arrangement for workers sponsored in Tier 2 (General) between 24 November 2016 and April 2017 – they will need to satisfy the £30,000 threshold in any future application.
  • UK graduates who have returned overseas have been weighted more heavily in the monthly allocation rounds under the Tier 2 limit. Graduates who apply in the UK continue to be exempt from the limit.
  • Applicants sponsored in graduate training programmes may change occupation within the progaramme or at the end of the programme without their sponsor needing to carry out a further Resident Labour Market Test or for them to make a new application.

If the worker has been offered the job within 6 months of the milk round beginning, the sponsors from April 2017 will be able to rely on a milk round that finished up to 4 years before assigning a certificate of sponsorship.

The job title – nurse is still on the shortage occupations list, however, the requirements are amended to require a Resident Labour Market Test to be carried out before a nurse is allocation a Certificate of Sponsorship.

Amendments are made if the applicant wishes to switch from Tier 4 to Tier 2 permit, and if the applicant studied at a UK well known body or an institution in receipt of public funding as a higher education body, and to also avert an applicant from depending on a qualification acquired via further additional study.

16
Mar

Tier 4 (student union sabbatical)

Student Union Sabbatical Officer

Maintenance requirements for Tier 4 (Student Union Sabbatical Officer or dentist on a recognized Foundation Programme or Postgraduate doctor) are shrunk.

23
Oct

Mandalia v SSHD [2015] UKSC 59

The case Mandalia v Secretary of State for the Home Department [2015] UKSC 59 can be pivotal example in regards to whether the Presenting Officer has a duty to apply evidential flexibility or it is just a mere power. In this case, the Court of Appeal said: “power”, however, the Supreme Court said: “a duty”.

From August 2009, evidential flexibility was embraced, which allows applicants to repair the deficit in their evidence or correct minor errors in applications for Tier 1, 2, 4 and 5 main and dependent applicants.

The flexible process instruction falls into 19 steps, four of which relevant to the above mentioned case, which the caseworker has to undertake when there is missing evidence or minor errors in the application:

  1. It needs to be identified whether there was missing evidence, if yes the caseworker must proceed to step two;
  2. It needs to clarified whether the application would be refused even if the missing evidence was rendered, if no, the caseworker must proceed to step three;
  3. The caseworkers request for additional documents in certain circumstances, where they are assured that the missing evidence exists, e.g. listed in Annex A (not exhaustive);
  4. In step four, the caseworker is to discuss the uncertainty with his line manager. Benefits should be counted towards the applicant if the line manager has reasonable grounds to believe that the missing evidence exists or even unsure, thus the evidence should be requested in step five by contacting the applicant.

It was held that the Home Office’s refusal was unlawful as there was not any attempt firstly to invite Mr Mandalia to correct minor error specifically to repair the deficit in his evidence. Therefore, the court should allow this appeal, and annul the refusal of Mr Mandalia’s application.

23
Oct

Student union sabbatical officer

Tier 4 route for a student to take a “full-time, salaried, elected executive position” as a sabbatical officer. The period must be either during the course of their academic studies or in the academic year immediately following graduation Appendix A Paragraph 116(g)

This route is also relevant to for individuals elected to office with the National Union of Students. The education provider remains the Tier 4 sponsor Paragraphs 245ZW(c)(iii)(5), 245ZY(c)(iii)(5)

How long can I stay as a student union sabbatical officer?

The permission to stay is usually given for 12 months, which can be extended up to two years. Moreover, the time spent under student union sabbatical officer will not count towards the 5 years cap.

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