Statement of Changes Published, Impacts EU Settlement Scheme, Tier 1 and Tier 2 Visas

EU Settlement Scheme (EUSS)

Family members of UK nationals

• Close family members of UK nationals returning with them from the European Economic Area (EEA) or Switzerland having lived there together while the UK national was exercising their free movement rights will be able to make an application under the EUSS until March 29, 2022 (where that relationship existed on exit day) or until December 31, 2020 (where that relationship established post-exit day) in both deal and no-deal scenarios.

• The EUSS is more generous and flexible than family reunification rules under the UK Immigration Rules. For example, it does not impose an GBP 18,600 (or higher if additional children apply) minimum salary threshold, which spouses of UK nationals who did not exercise free movement rights must demonstrate. Eligible close family members who do not apply to the EUSS on time will be subject to stricter requirements under the new UK immigration rules. 

• A right of administrative review has been provided to individuals who have had their status under EUSS cancelled at the border by an Immigration Officer on the basis that they no longer meet the requirements for that status.

• Affected individuals now have a mechanism to challenge status cancellations at the border.

• PhD level occupations will be exempt from the Tier 2 General Visa limit and therefore will not require a RCoS.
• PhD level migrants undertaking research overseas directly linked to their Tier 2 employment may do so without absence being ‘counted’ for Indefinite Leave to Remain (ILR) applications. If accompanying them, the same applies for dependant partners.

• This should free up places in the monthly allocation process for other skilled roles that contribute to the economy.
• The aim of this change is to welcome researchers and other highly-skilled individuals to the United Kingdom.  These changes will be implemented October 1, 2019.

• The UK government has implemented the MAC’s recommendations on the SoL.        
• The Statement of Changes states that all roles within certain codes will be deemed shortage occupations, particularly in health and social care, engineering and digital technology occupations, where previously some roles were only deemed shortage occupations if the sponsoring business was a “qualifying company”.
• The Statement of Changes confirms that the “qualifying company” criteria has been removed. For example, a company that employs between 20 and 250 employees and is not more than 25% owned by a company which has one or more other establishments in the United Kingdom and one of those established employs more than 250 employees. 

• The amended SoL will allow employers to more easily hire foreign workers to meet labor shortage demands across a wider range of roles, particularly in the health and social care, engineering and digital technology sector which employers have reported they find difficult to fill.
• There may be an influx of SoL jobs being recruited for under the Tier 2 General RCoS route, thus increasing the number applications processed in the annual cap.
• As priority is given to jobs on the SoL, this may in turn impact smaller organization with lower salary due to the points awarded to them if the cap is reached.

• Tier 2 migrants will not be penalised if they are absent from work due to sickness, statutory parental leave, assisting in a national or international humanitarian or environmental crisis or engaging in legal strike action.
• A Tier 2 migrant’s application for ILR will not be refused if absences for the above reasons cause their salary to fall below the applicable minimum salary threshold. 
• This change is due to take effect October 1, 2019.

• This will allow impacted migrants to still be eligible to apply for ILR if there is a reduction in salary as a result of a permitted reason.

• The Tier 1 (Entrepreneur) category is now closed to most initial applications but remains open to existing Tier 1 (Graduate Entrepreneur) and Tier 1 (Entrepreneur) migrants.

• Migrants that wish to set up or run a business in the United Kingdom should consider applying for an Innovator visa or Start-up visa. Existing Tier 1 (Graduate Entrepreneur) and Tier 1 (Entrepreneur) migrants can continue to extend their visa and potentially apply for settlement in this category.

• Applicants under the pre-March 29, 2019 rules can make extension or settlement applications, provided they move their qualifying investments out of UK government bonds before either April 6, 2023 in the case of extension applications, or April 6, 2025 in the case of settlement applications.
• Investors who do not meet those deadlines can apply for further extensions and settlement if they meet certain conditions; i.e. invest the full GBP 2 million in qualifying investments before they apply for further extensions and maintain the full GBP 2 million investment for the qualifying period required for settlement.

• Individuals in this category who wish to extend or settle in the United Kingdom are advised to plan to ensure their investments are compliant with the Rules to enable them to further extend in this category and qualify for settlement. 

Start-up and Innovator

• Individuals who hold a Tier 4 (General) visa who have submitted a Start-up application with the support of an endorsing body may commence their business activities while their application is pending.

• Eligible applicants can take advantage of this rule change to begin working on their business activities as soon as they have submitted their Start-up visa application.

• A checkpoint between an applicant and their endorsing body will not be required after 24 months in the Start-up category, only in the Innovator category. Checkpoints refer to contact between the endorsing body and the applicant at set time frames during which the endorsing body monitors the applicant’s progress and determines if they still meet the requirements or if endorsement needs to be withdrawn or reported.

• The removal of the mandatory 24-month checkpoint for the Start-up category will save time and reduce the monitoring burden on the endorsing body. It will also make the process more convenient for both the applicant and the endorsing body. However, applicants and endorsing bodies for the Innovator category will not benefit from the relaxed rules.