There are several changes due to take place on 6th April 2015 and we will deal with some of these in more detail in future blogs, however we have provided a summary of some changes which may require you to make an application prior to this date for a number of reasons - e.g. because a route is no longer available (Tier 1 (General) migrant), to avoid additional fees (NHS charges, increase in Home Office fees), or to obtain an appeal right (introduction of administrative review).
If you require any further information on these, or any other changes due to take place then please contact a member of our Immigration Team in Edinburgh or Glasgow.
CLOSURE OF TIER 1 (GENERAL)
From 6 April 2015 the Tier 1 (General) category will be closed to applicants who want to extend or switch to this visa. If you are able to make an application under this category, then you should submit an extension application prior to this date to ensure that you may continue to live and work in the UK until you are eligible to apply for settlement (indefinite leave to remain).
Applications for settlement as a Tier 1 (General) migrant can be made any time prior to 6 April 2018. The Government has also confirmed that it will not be possible for those under Tier 1 (General) to 'switch' into the Tier 1 (Entrepreneur) category unless they have established their own business prior to 6 April 2015.
NHS CHARGES
A NHS surcharge will be payable on all applications made on or after 6 April 2015. This will be paid by all non-EEA nationals who apply to come to the UK to work, study or join family for more than 6 months, and those who are already in the UK and apply to extend their stay after this date. It will not apply to applications for indefinite leave to remain.
The charge will be £200 per year for all migrants except students who will pay £150 per year. These charges are payable at the date of application and the total surcharge amount for the whole period of leave granted will be payable upfront (for example, a spouse applying for 2.5 years will need to pay a health surcharge of £500).
If your application is refused the surcharge will be refunded however if your application is granted and you decide not to travel, then there is no refund.
The exemptions to this charge are as follows:
- Nationals of Australia and New Zealand;
- Visitors, and where the grant of permission to stay in the UK is for 6 months or less;
- Intra-company transfers (Tier 2-skilled workers);
- Children under 18 taken into care or in the care of a local authority;
- Those making an application for asylum, human protection or a claim that their removal from the UK would be contrary to Article 3 ECHR;
- Victims of human trafficking;
- Those applying under the Home Office concession known as the 'destitute domestic violence concession'
- Dependants of HM Forces or a member of another country's Forces who is exempt from Immigration control;
- Those making an immigration application related to an EU obligation - e.g. Turkish ECAA applications;
- A British Overseas Territory citizen who is resident of the Falkland Islands.
FEES AND FORMS
The Home Office will also change their fees (and the application forms!) from 6 April 2015, and the fee table can be found here:
The application forms will be made available from the Home Office website nearer the time.
CHANGES TO APPEAL RIGHTS - INTRODUCTION OF ADMINISTRATIVE REVIEW
Administrative review has already been in place instead of appeal rights for Tiers 1, 2, and 5 applicants, and their dependants since 2 March. A large number of other categories of leave will have appeal rights replaced by administrative review for applications made on or after 6 April. This was discussed in detail in a previous blog post, and will be looked at again by a member of our Team in the future.
It is worth noting, however, that on 6 April 2014 appeal rights other than against refusal of a human rights claim or protection claim (and equivalent following curtailment of leave) will be removed from other cases made on or after that date.