12 Mar New Immigration Rules announced in March 2021
On 4 March 2021, the Home Office released a new Statement of Changes to the Immigration Rules. The majority of the changes will take effect on 1 April 2021.
New Graduate Route will be launched in July 2021
The Graduate route is a new route for international students who have successfully completed an eligible course from a higher education sponsor with a track record of compliance. The route will open on 1 July 2021. Successful applicants will be permitted to work full time at any skill level without the need to be sponsored by a licenced employer in the UK. They will be able to be in employment or self-employment
Applicants who are holding a Student or a Tier 4 visa, and have successfully completed their UK bachelor’s degree study or master’s degree course, will be able to apply for a two years’ Graduate visa. For those who are being awarded a UK PhD degree, they will be able to granted a further three years’ permission to work and reside in the UK. Please note that they must not have previously held permission on the Doctorate Extension Scheme (DES) or the Graduate route.
In addition, for those who have completed a course lasting 12 months or less, the whole of the course must have been studied in the UK. For those whose courses lasted longer than 12 months, they will need to have been granted leave for at least 12 months on the Student (Tier 4) route and have spent at least 12 months to study in the UK.
The UKVI has also announced a covid-19 concession for students who due to the pandemic attended distance learning overseas between 24 January 2020 and 27 September 2021 as part of a course of study lasting longer than 12 months and their absence will be mitigated against the requirement of having spent the relevant period to study in the UK.
Please be advised that the Graduate route does not lead to Indefinite Leave to Remain (ILR). However, it will be possible to switch in country into the Skilled Worker scheme, which leads to Settlement. Their applications will be considered under the “new entrant’ criteria with a lower salary threshold.
Dependants who already have valid leave to stay in the UK will be able to extend their stay when an eligible migrant is applying for a Graduate visa. However, new dependants will not be permitted on this route except when a child is born in the UK during a period of Student or Graduate leave.
Main Changes to the Skilled Worker Route
- Migrants who are previously holding valid leave as a Graduate within the last two years can be classed as a ‘new entrant’;
- If the migrant left the UK when he/she was under Student or Graduate route, then he/she applied for a new Standard Visitor visa and re-entered the UK, he/she can still be deemed as a ‘new entrant’;
- The following 8 occupations have been added to the Shortage Occupation List in the health and care sectors:
- Health services and public health managers and directors;
- Residential, day and domiciliary care managers and proprietors;
- Pharmacists;
- Health professionals not elsewhere classified (the MAC recommended this occupation be recognised as a shortage occupation in Wales and the Government is expanding this to include the rest of the UK);
- Physiotherapists;
- Laboratory technicians (including those not in the health and care sectors);
- Nursing auxiliaries and assistants;
- Senior care workers.
- Skilled Workers must be paid the relevant going rate for their job, subject to tradeable points with a minimum salary threshold of £20,480 per annum based on a 39-hour working week (£10.10 of a minimum hourly rate).
Changes to Innovator Scheme
From 6 April 2021, individuals who are applying for an Innovator visa must be the ‘sole founder or an instrumental member of the founding team of the business’ for which they have been endorsed.
Changes to BNO Route
From 6 April 2021, BNO migrants will be allowed to access ‘recourse to public funds’ if they show that they are or are at imminent risk of becoming destitute.
Changes to Global Talent Scheme
From 5 May 2021, migrants who have won certain ‘prestigious’ prizes to apply under the Global Talent route do not need to obtain an endorsement from an official endorsing body. Prestigious Prizes will include the Nobel Prize, the Oscars, BAFTAs and Golden Globes etc.
Changes to Continuous Residence
The UKVI has clarified that if the applicant is a dependant of a Skilled Worker, Sole Representative, Global Talent, Innovator, Tier 2 Minister of Religion, Tier 2 Sportsperson, UK Ancestry or BNO migrant and he/she was absent prior to 11 January 2018, the absence will not be counted towards the 180 days limit when applying for settlement.
Youth Mobility Scheme
The Youth Mobility Scheme allocations for 2021 will be:
- Australia – 30,000 places;
- New Zealand – 13,000 places;
- Canada – 6,000 places;
- Japan – 1,500 places;
- Monaco – 1,000 places;
- Taiwan – 1,000 places;
- Hong Kong – 1,000 places;
- South Korea – 1,000 places;
- San Marino – 1,000 places.
Contact Our Immigration Team
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