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Archive for October, 2013

October 31st, 2013

October 2013 Immigration Update

What changes have come into effect as of 28th October 2013?

From 28 October 2013, unless you are exempt, all applicants for

settlementor naturalisation as a British citizens will need to meet

the knowledge oflanguage and life (KOLL) requirement by:

  1. Passing the life in the UK test; and
  2. Having a speaking and listening qualification in English at
  3. B1 CEFR or higher, or its equivalent.

The KOLL requirement for settlement purposes

The normal expectation will be that adults (i.e. those aged 18 or over)

applying for settlement, whether as a main applicant or a dependant,

will be expected to meet the new KOLL requirement.This will include

adult children of persons settled in the UK and adult children

applying for indefinite leave as a dependant.

However, there are some circumstances where exceptions to this

normal rule will apply.

The KOLL requirement for naturalisation purposes

Persons who apply for naturalisation under section 6(1) and section

6(2) of theBritish Nationality Act 1981 will be expected to meet the

new KOLL requirement.However, there are some circumstances

where exceptions to this normal rule will apply.

The Life in the UK test

There will be no changes made to the Life in the UK test.

The Life in theUK test is a computer-based, multiple

choice test. It will continue to beavailable through the

network of test centres operated by learn direct

on behalf of the Home Office.

Case Update: MM & Others v SSHD (income level for spouses):

An appeal to the First Tier tribunal, which has since escalated to the

Court of Appeal,regarding the requirement for British national to

earn at least £18,600 per annum in

order to bring their non EEA spouse or partner to the UK.

The case is to be heard in the Court of Appeal between 3rd and 5th

March 2014.Once heard we envisage a wait of at least 3-6 months

for a determination and for the Home Office to amend any rules in

line with the determination, if necessary.

Upcoming Changes to be Aware of;

The UK Border Agency is due to make further changes through

the year.These will include;

  1. 1. CLOSURE OF TIER 1 (GENERAL) EXTENSIONS

The Tier 1 (General) extension applications being closed.

This will mean Tier 1 (General) migrants will no longer be

able to extend their current leave to remain. This will more

than likely affect migrantseligibility to apply for ILR and we

strongly advise migrants to keep in

contact with us until confirmed actions have

been published by the Home Office.

  1. 2. NEW IMMIGRATION BILL

There has also been a new Immigration Bill laid before Parliament.

The Bill has received wide scale criticism for being extremely harsh.

The Bill proposes to, amongst other proposed changes;

-          Provide a single power to remove

-          Enlarge the States power to record and use biometrics

-          Significant changes to appealable decisions and grounds

of appeal

-          Dictates how the Tribunals should assess proportionality

under Article 8

-          Making it unlawful for landlords to rent to individuals who

should have a visa and who do not.

-          Stop individuals who should have a visa and do not from

openingbank or building society accounts.

If you are concerned about upcoming changes and the possibility

of their effect on your immigration status please call the office on

01793 836 010 and one of the Immigration Consultants will be

able to conduct an assessment for you.

If you have a corporate or private UK immigration matter which you

would like to discuss, please contact our office on 01793 836010

and we will be able to assist you further.