The UK Home Office has released an update to the Immigration

rules, below are the key changes to make note of:

Changes to the Skilled Worker, ICT and Tier 5 Government

Authorized Exchange Route

From May 21, 2021: A new ATAS (Academic Technology Approval

Scheme) requirement is being introduced for certain roles, which

must be confirmed on the Certificate of Sponsorship (CoS) and

requires the applicant to provide a valid ATAS certificate.

ATAS is traditionally used for international students (apart

from exempt nationalities) and are intending to study at

postgraduate level in certain sensitive subjects. The subjects are

those where students' knowledge could be used in programs to

develop Advanced Conventional Military Technology (ACMT), weapons

of mass destruction (WMDs) or their means of delivery. These

students must apply for an Academic Technology Approval Scheme

(ATAS) certificate before they can study in the UK.

The new rules state that a non-exempt national requires a valid

ATAS certificate if they are applying in a work route which

requires a Certificate of Sponsorship, that Certificate of

Sponsorship is issued by a work sponsor that is also a licensed

student sponsor, and the role set out in the Certificate of

Sponsorship is one of the relevant occupation codes, includes an

element of research at PhD level or above and that field of

research is a subject as listed in the immigration rules.

Changes to the Skilled Worker route

From April 6th:

· There will be an introduction of a blanket £10.10

per hour to the Skilled Worker minimum salary requirement. This

will not apply to an applicant who was granted permission as a

Skilled Worker under the Rules in place before April 6, 2021 and

has had continuous permission as a Skilled Worker since then.

· If a sponsor wishes to reduce a salary on the basis the

Skilled Worker can offset the reduced salary by relying on a

different set of tradeable points, a new application will be

needed. This ensures the new points are assessed by the Home Office

and the Skilled Worker continues to meet the requirements of the

route

· Amendment is being made to the transitional

arrangements for the acceptance of allowances for people previously

on Tier 2 General, to incorporate those who have since extended

their leave as a Skilled Worker and have held this leave

continuously

From July 1st:

· Those who wish to rely on the 'New Entrant'

provision for skilled worker will also need to include any leave

granted under the new Graduate route towards the maximum 4 years

permitted under the new entrant provision.

· In relation to the ability to switch from

Student/Graduate visa to Skilled Worker, a change is being made to

the requirement for the applicant's most recent permission to

be as a Student (or Graduate), so that “most recent

permission” does not include permission as a visitor.

Changes to the ICT route

From April 6th:

· A transitional provision is being reinstated to exempt

Intra-Company workers who have been in Intra-Company routes since

before April 5, 2011 from the maximum time limits that apply in the

Intra-Company routes. Eligible workers can extend their permission

for up to five years with each application.

Changes to the Global Talent route

From May 5th:

· A change is being made to allow applicants who have

reached the pinnacle of their careers to bypass the endorsement

requirement and instead qualify if they have received a prestigious

prize.

Employers who may be affected are advised to contact an

immigration specialist for general or case-specific advice.


Please note that this is general information only and not

intended as advice on a specific matter. Please feel free to

contact Fakhoury Global Immigration directly with questions

exclusive to your situation. This news alert may have been prepared

using information from Peregrine Immigration Management, which is

licensed to Fakhoury Global Immigration.

The content of this article is intended to provide a general

guide to the subject matter. Specialist advice should be sought

about your specific circumstances.

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