Skip to Navigation

New statement of changes to the Immigration Rules released

Date of Publication: 
16 March 2017
Summary: 

2017's first statement of changes published, 269 pages long, changes to Tier 2

New statement of changes to the Immigration Rules released

16 March 2017
EIN

A new statement of changes to the Immigration Rules, HC 1078, has been released today, the first of 2017.

It's no less than 269 pages long including the explanatory memorandum (with Appendix J's tables making up the bulk of the changes) and you can download it from GOV.UK here.

The purpose of the changes is to:

• Implement the second of two phases of changes to Tier 2, announced by the Government on 24 March 2016 following a review by the independent Migration Advisory Committee.

• Extend the overseas criminal record certificate requirement to Tier 2 migrants coming to work in education, health and social care sectors and to their adult dependants.

• Clarify that applications for visit visas must be made to a post designated to accept such applications.

• Include the list of Permit Free Festivals for 2017/18.

• Update the codes of practice relating to skilled workers.

ILPA noted that the changes also include:

• The period of overstaying permitted before a re-entry ban is imposed is reduced from 90 days to 30 days, with certain periods disregarded.

• Change to Part 1 providing that an applicant can only have one outstanding application for leave to remain at a time with any subsequent application lodged while another is pending treated as a variation application.

Announcing today's statement of changes, the Minister of State for Immigration, Robert Goodwill, made the following written statement to the Commons:

"My rt hon Friend the Home Secretary is today laying before the House a Statement of Changes in Immigration Rules [HC 1078].

The changes include a new requirement that individuals over the age of 18, who are applying for entry clearance under the Tier 2 General route to work in education, health and social care sectors must provide a criminal record certificate from any country in which they have lived for 12 months or more in the previous ten years. This requirement will also apply to the partner of the applicant and a partner applying to join existing Tier 2 migrant in one of these work sectors.

This is the second stage in a phased implementation of the requirement. It currently applies to individuals over 18 applying for entry clearance under Tier 1 to come to the UK as entrepreneurs or investors, and their adult dependents. The Home Office will continue to monitor implementation with a view to extending the requirement to other migrants in the future.

On 24 March 2016 the Government announced two phases of reforms to Tier 2, following a review by the independent Migration Advisory Committee. The first phase was implemented on 24 November and the changes being laid today implement the second phase of the announced reforms. The changes also update the codes of practice relating to skilled workers, and make other minor updates to the rules for work routes.

Further changes are being made to amend or clarify other provisions in the Immigration Rules."