Revisions announced to Immigration by the Home Office of the UK

By the middle of October, the Home Office of the UK made an announcement regarding revisions to immigration which affected various Britain’s business and work categorization for visa.
These revisions, that are going to soon take gradual effect before the close of 2014, are a continuation of the attempts by the UK to create a programme for immigration that is easily accessible to highly talented citizens from other countries.
Following is a summary of the very vital revisions that concern firms working in the United Kingdom and bringing in workers from other nations:

Changes that have been made
1. First tier – little revisions to many categories for very talented visas will now be given for at most five years instead of the previous three years. Also, very talented owners requesting for an increase in length of stay are not expected to show that they are proficient in English Language.
2. Present first tier (General) holders of visa are now allowed to add up their years of stay to five years before it ends to be able to be considered for UK permanent residency. The Home Office in the UK will give their final verdict on this potential change in the first weeks of 2015.
3. Second tier – Original Vacancy Condition and Resident Workforce Test Starting by November 2014, requests submitted under the Second Tier (Within Firm Transfer) and Second Tier (General) groups will be studied under a new original test to confirm that an original vacancy is available in the firm. Therefore, Second Tier requests that do not pass the under listed conditions may be turned down completely:
a. The employment described by the employer is nonexistent;
b. The employment has been solely designed to exclude applicants from the United Kingdom;
c. The person applying does not have the qualification to work at the employment;
d. The employment has been over stated to meet some basic talent requirement.

Although the Home Office of the UK has acknowledged that only Second Tier requests that are suspicious of available spaces or originality of the information on the position would be put through the originality test, it is not yet known what reasons would be needed to administer this initial review. The Home Office is required to give an additional explanation statement regarding this.

Second Tier (General) applicants who are renewing their requests are not subject to Residence Employment Review if they will stay with the first employer and on the first position of employment.
UK forms are not expected to be permitted to bring down a Second Tier (General) residency holder’s periods or reduce their emoluments lower than the least threshold of $25,000 just to reduce the costs of operation and avoid sacking people in the firm. Before this was possible in the regulation of 2009 which was enacted during the period of worldwide economic crisis.

Commercial Visa – Increasing Commercial Duties that are Allowed Points at Discontinuation of Category in the Future
The Commercial Visa group has been broadened slightly to include the under listed activities:
1. Science and research specialists are now allowed to distribute their skills and knowledge on multi-country projects that are facilitated by the United Kingdom; however, the applicant cannot do any employment work that needs an employment permit.
2. Foreign lawyers working for international legal firms with UK offices could give immediate advice to customers in the UK pertaining to litigations or financial transactions abroad; however, the lawyer must be an employee and on a foreign pay sheet.
3. Nurses from abroad can write the Honest Design Clinical Test in Britain while possessing a Commercial Visit Visa before going on to process their Second tier employment visa.

The most vital of these revisions is the commencement of the originality test for Second Tier (within company transfer) as well as the Second Tier (General) formal requests. Employees must note that the immigration officials in the UK will apart from possessing the power to scrutinize suspicious requests using the originality test, but will also be able to turn down requests using information guides that have already been stated. Advance-Link WORLDWIDE will still study the situation and comment if the Home Office made known any additional details.
Employers of labor are to also study the additional changes to the First Tier and Commercial visa groups. Even though the revisions refer to some people than the Second Tier revisions, they should also be remembered for present and future foreign workers projects.

Advice to the Reader
Details have been given for data purposes only and should not be studied without advice from an attorney related to any particular situation. Those reading this article are notified that laws on immigration are dynamic and can be revised suddenly without any prior notification. If you need advice, please contact us (, we will put you in touch with qualified legal professionals.