Changes made following the Migration Advisory Committee review include:
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.
Maintenance requirements for Tier 4 (Student Union Sabbatical Officer or dentist on a recognized Foundation Programme or Postgraduate doctor) are shrunk.
The case Mandalia v Secretary of State for the Home Department  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:
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.
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)
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.