Immigration Rules Definition

GLOSSARY

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What does Immigration Rules mean?

Statements contained in House of Commons or Command Papers setting out the practice to be followed in the administration of the Immigration Act 1971 for regulating the entry into and stay in the United Kingdom of those who do not have the right of abode (including the period for which leave is given and the conditions attached in different circumstances).

The Immigration Rules are made by the Secretary of State and statements of the rules or any changes thereof are required to be laid before Parliament (see the Immigration Act 1971, s 3(2)); if a statement laid before either House of Parliament is disapproved by a resolution of that House passed within the period of 40 days beginning with the date of laying (excluding any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days), then the Secretary of State must make any changes which appear to him to be required in the circumstances and lay a statement of the changes before Parliament not later than 40 days from

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Family immigration financial requirement—quick reference checklist

Family immigration financial requirement—quick reference checklist This is a quick reference checklist to assist with calculating whether an applicant will meet the relevant thresholds for eligibility under family immigration routes. In particular, it assists with assessing both the main financial requirement and the adequate maintenance requirement for routes under Appendix FM of the Immigration Rules. Which financial requirement applies? Type of application Financial requirement New application from 11 April 2024 £29,000 Renewal or extension from 11 April 2024 (including fiancés converting to partner) £18,600 (plus applicant child increment*, capped at £29,000) Pending application made before 11 April 2024 £18,600 (plus applicant child increment, no cap) Sponsoring applicant in receipt of a specified benefit or applying on a specified route (eg as a parent) Adequate maintenance based on current income support rates (see below) *The child increment/s, where they apply are as follows: +1 child = +£3,800 for the first child and +£2,400 for each additional child, so eg +1 child = £22,400, +2 children = £24,800, +3 children =...

Calculating if the Skilled Worker salary thresholds are met—quick reference checklist

Calculating if the Skilled Worker salary thresholds are met—quick reference checklist This is a quick reference checklist to assist with calculating whether the proposed salary for an employee to be sponsored under the Skilled Worker route will meet the relevant thresholds for eligibility under the route (the general threshold and the going rate). In particular, it assists with providing the formulae that are required for the relevant pro-rating calculations. There are three steps to calculating eligibility: • Step 1—finding out which salary points option applies (Options A-K). This aspect is not covered here. For guidance, see the tables in Practice Note: Sponsoring a Skilled Worker, which summarises the relevant Immigration Rules (Immigration Rules, Appendix Skilled Worker, para SW 4.4, SW 8.1–SW 13.3) • Step 2—gathering the relevant information to input into the calculations • Step 3—carrying out the relevant calculations to check eligibility Running through the guide is the example of an Aerospace engineer (SOC 2020 occupation code 2126), who has not been sponsored under the route previously, would be...

Sources of immigration law and their legal status

There are multiple sources of immigration law in the UK. In addition to numerous statutes and the ever-changing Immigration Rules, there is a huge number of statutory instruments, procedural rules and regulations, instructions and guidance issued by the Home Office plus a large volume of case law. These, together with relevant international law and European Union law that still applies to individuals protected under the EU Withdrawal Agreement, make up the body of immigration law. This Practice Note looks at the key types of sources of immigration law and what is their legal status.Note that immigration and nationality law are reserved/excepted matters in relation to the devolution of legislative powers to Scotland and Northern Ireland, so the general position is that immigration and nationality law apply to the whole of the UK (including immigration Tribunal practice and procedure). The main exception is in litigation outside of the Tribunal, as there are different court systems in Scotland and Northern Ireland below the Supreme Court. References in this Practice Note are to...

Applying for a Workers and Temporary Workers sponsor licence: key personnel and representatives

Applying for a Workers and Temporary Workers sponsor licence: key personnel and representatives This Practice Note details the roles, responsibilities and requirements for the Authorising Officer, Key Contact, Level 1 users and Level 2 users (key personnel) of a sponsor in the Workers and Temporary Workers routes. It also looks at aspects relating to legal representatives. The Worker routes are: • Skilled Worker • Global Business Mobility (GBM)—Senior or Specialist Worker • T2 Minister of Religion, and • International Sportsperson The Temporary Worker routes are: • Charity Worker • Creative Worker • GBM—Graduate Trainee, Service Supplier, Secondment Worker and UK Expansion Worker • Scale-up • Government Authorised Exchange • International Agreement • Religious Worker, and • Seasonal Worker Certain sponsorship aspects looked at in this Practice Note are different for the UK Expansion Worker route. These are highlighted briefly below. For further information, see Practice Note: Sponsoring a UK Expansion Worker—The GBM: UK Expansion Worker sponsor licence aspects. When applying for a sponsor licence, an organisation...

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Share purchase agreement—pro-buyer—corporate seller—conditional—long form

Share purchase agreement—pro-buyer—corporate seller—conditional—long form This Agreement is made on [insert day and month] 20[insert year] Parties 1 [Insert name of selling corporate entity] incorporated in [England and Wales OR [insert country of incorporation] OR with registered number [insert company number] whose registered office is at [insert address] (the Seller); 2 [Insert name of purchasing corporate entity] incorporated in England and Wales OR [insert country of incorporation] OR with registered number [insert company number] whose registered office is at [insert address] (the Buyer), and 3 [Insert name of guarantor entity] incorporated in England and Wales OR [insert country of incorporation]] with registered number [insert company number] whose registered office is at [insert address] (the Guarantor) [(each of the Seller, the Buyer and the Guarantor being a Party and together the Seller, the Buyer and the Guarantor are the Parties).] Background (A) The Company (as defined below) is a private company limited by shares and is incorporated in [England and...

Share purchase agreement—pro-buyer—individual sellers—conditional—long form

Share purchase agreement—pro-buyer—individual sellers—conditional—long form This Agreement is made on [insert day and month] 20[insert year] Parties 1 The several persons whose names and addresses are set out in Schedule 1 (together the Sellers), and 2 [Insert name of purchasing corporate entity] incorporated in [England and Wales OR [Insert country of incorporation]] with registered number [insert company number] whose registered office is at [insert address] (the Buyer), [(each of the Sellers and the Buyer being a Party and together the Sellers and the Buyer are the Parties).] Background (A) The Company (as defined below) is a private company limited by shares and is incorporated in[ England and Wales OR [insert country of incorporation]]. Details of the Company are set out in Schedule 2, Part A. (B) The Sellers are the legal and beneficial owners of the Sale Shares (as defined below), being in aggregate the entire allotted and issued share capital of the Company. (C) The Sellers have agreed to sell and the...

Dive into our 36 Precedents related to Immigration Rules

How is it possible to ascertain the going rate for jobs in SOC code 6141, in relation to a skilled worker application, where the employer is a non-NHS employer? How could the Home Office take action against a sponsor employer if it erred in this context?

How is it possible to ascertain the going rate for jobs in SOC code 6141, in relation to a skilled worker application, where the employer is a non-NHS employer? How could the Home Office take action against a sponsor employer if it erred in this context? As confirmed in the Practice Note: Sponsoring a Skilled Worker, under Immigration Rules, Appendix Skilled Worker, para SW 13.2 (Eligible health and education occupation codes; Option F), a person whose role falls into Table 2 of Appendix Skilled Occupations will be eligible for sponsorship under the Skilled Worker route where they will be paid a salary which equals or exceeds both £20,480 per year and the going rate for the occupation code (providing they are otherwise eligible). Table 2 of Immigration Rules, Appendix Skilled Occupations provides going rates for eligible health and education occupation codes where rates are based on national pay scales. SOC code 6141 (Nursing auxiliaries and assistants) contains the following example job roles: • auxiliary nurse • health care assistant (hospital...

As overseas-trained nurses being sponsored on the Skilled Worker route are required to achieve registration with the Nursing and Midwifery Council (NMC) within eight months, are there any circumstances (eg compassionate circumstances) where a nurse can obtain an extension to the requirement to pass the OSCE and register with the NMC within eight months?

As overseas-trained nurses being sponsored on the Skilled Worker route are required to achieve registration with the Nursing and Midwifery Council (NMC) within eight months, are there any circumstances (eg compassionate circumstances) where a nurse can obtain an extension to the requirement to pass the OSCE and register with the NMC within eight months? There are no exceptions given in the Workers and Temporary Workers: sponsor a skilled worker sponsor guidance for the requirement for overseas-trained nurses and midwives being sponsored on the Skilled Worker route to complete their Nursing and Midwifery Council registration within eight months of either: • the start date on their Certificate of Sponsorship (CoS) (if this is their first application for permission on the Skilled Worker route as a pre-registration nurse or midwife), or • the start date of their previous employment (if they are applying for an extension to continue working as a pre-registration nurse or midwife) The

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Reunite Families UK reveals negative impact of financial requirements for family visas on British children

Reunite Families UK, in collaboration with Coram Children's Legal Centre (CCLC), has released preliminary findings from child-centred interviews highlighting the impact of the UK's family immigration rules on British children. The research, conducted between October and November 2024, examines the effects of both the previous £18,600 and the new £29,000 Minimum Income Requirement introduced in April 2024. Key findings include increased anxiety, stress, and financial strain among children, as well as disrupted family relationships, as a result of these requirements. As the Migration Advisory Committee (MAC) reviews financial requirements for family visas, Reunite Families UK, CCLC, and the Immigration Law Practitioners' Association urge the MAC to prioritise the experiences of affected families, particularly children, in its assessment.

Immigration weekly highlights—12 December 2024

Welcome to the 12 December 2024 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.

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