10
May

Tier 2 Sponsorship: Universal Jobmatch will be replaced by Find a job service on 14th May 2018

For Tier 2 Sponsors advertising in line with the Resident Labour Market Test (RLMT), please note that Universal Jobmatch website will be replaced by ‘Find a job’ service from 14th May 2018.

Should you already have an existing Universal Jobmatch account then you will be able to login to this until 17 June 2018 to access existing jobs and applicant information.

However, you’ll no longer be able to post jobs after 17th May 2018.

Your basic account information will be migrated to the new service and your company will receive an email with further information about this. Any existing job or applicant information will not be transferred, so you’ll need to start making local copies for future reference.

Please note that new employers will not be able to register on Universal Jobmatch as it will close on 10th May 2018. But they will be able to register on Find a job from 14th May 2018.

New jobs cannot be posted on Universal Jobmatch after 17th May 2018, but the website will not be closed until 18th June 2018 therefore employers and the resident workforce will be able to view the job advertisement for 28 days. There will be no need to re-advertise as the advert will still be available until that time.

After 18th June 2018, all adverts posted on Universal Jobmatch will be unavailable and it will not be transferred to the new platform.

The Home Office will update their guidance to reflect the changes in the next update but in the meantime, references to Universal Jobmatch should be interpreted to include ‘Find a Job’.

Employers are reminded to conduct and record their Resident Labour Market Test in line with the existing Home Office guidance by making sure that, where the advertisement was placed on Jobcentre Plus or Jobcentre Online, you must keep a screenshot of the advert on the day it is first advertised clearly showing all the required information in the Home Office Guidance.

Should you have any further queries on the above or unsure if your RLMT is fully compliant with the requirements under the Home Office guidance, please do not hesitate to contact us.

18
Apr

UK Visas and Immigration updated Guidance and the Immigration Rules: Points-based system Tier 2

UK Visas and Immigration updated Guidance and the Immigration Rules: Points-based system Tier 2

The UKVI updated the Tier 2 Guidance and the Immigration Rules for the points-based system on 11th January 2018.

The following change in the rules are applicable for those applying for indefinite leave to remain under the points-based system (Tier 1 and Tier 2 applicants).

(i)                  Removal of the 60-day rule when calculating continuous period in the UK

The updated guidance removes the Tier 2 rule covering gaps in employment of 60 days. The guidance provides that;

“An amendment is being made so that Tier 2 Migrants are no longer required to have been continuously employed throughout the qualifying period to be eligible for settlement.  The provision is unnecessary as a Tier 2 migrant who is no longer working for their Sponsor is subject to curtailment.”

A leave can be curtailed by the Home Office to 60 days starting from the date of the decision to curtail leave is made. This implies that the migrant worker effectively has 60 days from the date of deemed service to make an application for leave in another category or find an alternative sponsor.

The above removal means that as long as the migrant worker is able to find an alternate sponsor or apply under different category within the 60 days period then the continuous residence is not considered broken for the purposes of indefinite leave to remain application.

It is worth noting that the 60 days curtailed leave is distinguished from the 60 days in the Guidance which is 60 days from the end of your employment date which is logged on the Sponsorship Management System. Therefore, the worker has 60 days to find another job or apply under another category from the curtailment letter date.

(ii)                Changes to Immigration Rules 245AAA (a)(i) Calculating the 5-year continuous period in the UK

The recent changes to the Immigration Rules states that in order to eligible for indefinite leave to remain under the points-based system;

‘’ the applicant has not been absent from the UK for more than 180 days during any 12 month period in the continuous period, except that any absence from the UK for the purpose of assisting with a national or international humanitarian or environmental crisis overseas shall not count towards the 180 days, if the applicant provides evidence that this was the purpose of the absence(s) and that their Sponsor, if there was one, agreed to the absence(s) for that purpose;’’

This indicates that the Home Office will take a harsher approach when calculating the 180 days absences as they can take any consecutive 12 months period within the 5-year period.

For example;

–          Old Rules: If your qualifying date for indefinite leave to remain is 1st Jan 2018, under the previous rules, the Home Office would have calculated the absences from 1st Jan 2018 to 1st Jan 2017, 1st Jan 2017 to 1st Jan 2016, 1st Jan 2016 to 1st Jan 2015 etc.

 

–          New Rules: If your qualifying date for indefinite leave to remain is 1st Jan 2018, under the current rules, the Home Office can take any consecutive 12-month period during the 5 years.

For more information on this change, please refer to our previous article: http://www.bararassociates.com/updated-guidance-indefinite-leave-remain-calculating-continuous-period-uk/

If you have any problems calculating the continuous residence or require further advice please do not hesitate to contact us.

25
Nov

Changes to Tier 2 visas, November 2015

Changes to Tier 2 – Premium Service Centre

Since 12 November 2015, applicants who submit their application for consideration via the Premium Service Centre, can only now submit applications online, as the paper application form will be removed from the gov.uk website. The completed online application must be send off to the Home Office afterwards.

Changes to Tier 2 – Dependants

The above will also apply to Tier 2 Dependants, the paper form will be removed and substituted by the online service. In respect of Tier 1 and Tier 5 dependants, the paper format application will remain as it was.

20
Jul

New Rule changes in effect from November 2012

A host of changes to the immigration rules came into force on 22 November 2012. They include the following:

  • A lowering of the English language requirement for Tier 1 (Entrepreneur) from level C1 (advanced) to level B1 (intermediate), in line with other points-based system categories. This change is being made in response to concerns that the high requirement was a possible deterrent to potentially successful entrepreneurs;
  • Ending switching from Tier 4 into Tier 1 (Entrepreneur) unless the migrant has £50,000 funding from a specified source (registered venture capitalist firms, UK Government Departments – which we are expanding to also include Devolved Administration Departments – or listed seed funding competitions);
  • The curtailment of a Tier 1 (Investor) migrant’s leave if they fail to maintain the required level of investment for the duration of their leave;
  • An increase in the maximum stay in the UK for senior intra-company transferees earning £150,000 or above from 5 years to 9 years;
  • A change to the operation of the Tier 2 ‘cooling off period’ rule to increase flexibility for some migrants who leave the UK before their visas expire and wish to return 12 months later;
  • The introduction of provisions for workers covered by the UK’s international trade commitments in Tier 5;
  • Allowing absences from the UK of up to 180 days per year for those seeking settlement through Tier 2 and other work routes;
  • Allowing migrants in Tier 2 and Tier 5 (Temporary Worker) to undertake supplementary employment in a shortage occupation, even if this is a different occupation to the one they are being sponsored to work in. This will provide migrants with more flexibility and help to ease shortages in these occupations.

If any of these rule changes affect you please do not hesitate to contact us for immigration advice.

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