Immigrants, look out for changes to Tiers 1, 2 and 5 guidance notes and application forms

New versions of guidance notes for Tier 1, 2 and 5 applications published

Tags: Immigration, Doctor in training, youth mobility, temporary workers

5th October 2009:
If you are an immigrant in the UK, remember to have a look at the new versions of guidance notes for Tier 1, Tier 2 and Tier 5 (Youth Mobility) and Tier 5 (Temporary Worker) applications published on 1 October 2009
Under Tier 1 (General), the condition which prohibits Tier 1 Migrants from taking employment as a ‘Doctor in training’ has been amended. Those migrants currently in the UK working as ‘Doctors in Training’ with leave which is not subject to any restriction on their employment can apply to be exempted from the restriction. In order to do this, they must provide the documents specified in “annex D” of the Guidance notes.
In line with the Immigration Rules change, the guidance has also been amended to remove the provision for migrants in full time education to claim points for earnings obtained outside of the 15 months immediately prior to their application.
Under Tier 1 (Entrepreneur), the guidance has been amended to remove the English language requirement for those switching in country from leave as a Business person, under Paragraphs 200-210 of the Immigration Rules.
As far as Tier 1 (Post-study Work) goes, the guidance has been amended to clarify that PGDEs are considered to be eligible for an award of points.
The guidance has also been amended to reflect that in order to score points for ‘Immigration Status’ the applicant must have had valid leave, which did not prohibit them from pursuing a course of study/research, for the duration of their studies. In Tier 1 (Investor), there are minor changes only, in line with other Tier 1 guidance.
The Tier 2 guidance has been rewritten and is now presented in a new format. Provision has been made for applicants applying under Tier 2 (Intra- Company Transfer) where they have been on maternity leave prior to making an application under Tier 2. Provision has also been made for applicants switching from Tier 1 (Post Study Work) where they have been on maternity leave prior to making an application under Tier 2.
The maximum 10 per cent limit on share ownership no longer applies to Tier 2 (Intra-company transfer) applications. There is also inclusion of ‘Representatives of overseas Businesses’ in the list of immigration routes from which it is possible to switch into Tier 2. There are a number of minor changes to bring the migrant guidance in line with the latest version of the sponsor guidance.
In Tier 5 (Temporary Worker), further guidance has been provided for applicants who are granted entry for a short period and then travel outside of the common travel area. In Tier 5 (Youth Mobility), clarification on the types of funds which can be used to demonstrate maintenance have been provided.
In addition to the changes to the guidance notes, new versions of the following application forms are also being specified for use from 1 October 2009.
For In Tier 1 (General), Tier 1 (Investor), Tier 1 (Post-Study Work), Tier 2, and Tier 5 (Temporary Worker), the previous version was 04/09, and the new version is 10/09
In line with paragraph 34I of the Immigration Rules, the previous versions of each of these forms will continue to be valid for applications made up to 21 days after 1 October 2009. However, applicants have been made aware that any application submitted during this period will be considered under the revised Immigration Rules regardless of what version of the application form they submit. The previous versions of the Tier 2 application forms have been consolidated into a single Tier 2 form.


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