← United Kingdom · 2010

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Consent safeguards added for sponsored workers under 18

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited Kingdom
Operative dateApril 6, 2010
CategoryMigration policy
Affected groupApplicants under 18 in the tier 2 and tier 5 temporary worker routes

Policy effect

For applications governed by the rules taking effect on April 6, 2010, Tier 2 and Tier 5 Temporary Worker applicants under 18 needed support from their parents or legal guardian, or one parent with sole legal responsibility. Entry applications also required confirmation of consent to travel, reception and care arrangements; leave-to-remain applications required consent to care arrangements in the UK. Undecided applications made before April 6 remained subject to the statement’s earlier-rules transition.

Conditions and exceptions

Validated condition or limit: Entry applications also required confirmation of consent to travel, reception and care arrangements; leave-to-remain applications required consent to care arrangements in the UK.; Undecided applications made before April 6 remained subject to the statement’s earlier-rules transition.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… employed during that leave as a Doctor or Dentist in Training.” 23. In paragraph 245ZZB(b)(ii)(3) delete “2” substitute with “3”. 24. In paragraph 245ZZD(b)(ii)(3) delete “2” substitute with “3”. 25. After paragraph 245ZD(h) insert: “(i) Where the applicant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child. (j) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or just one parent if that parent has sole responsibility fo … licant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child. (q) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or just one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant’s care in the UK.” (r) If the Sponsor is a limited company, the applicant must not own more than 10% of its shares unless applying as a Tier 2 (Intra-Company Transf … ) insert: “(d) no employment as a Doctor or Dentist in Training, unless the applicant has obtained a degree in medicine or dentistry at bachelor’s level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System, and” 37. In paragraph 245ZL renumber subsequent paragraph (d) as (e). 38. After paragraph 245ZO(c) insert: “(d) Where the applicant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian, or by just one parent if that parent has sole legal responsibili … rganisation for which his most recent period of leave was granted.” 41. After paragraph 245ZQ(e) insert: “(f) Where the applicant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child. (g) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or just one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant’s care in the UK.” 42. Delete paragraph 2 … igher level of English than they have previously proven). 7.17 Tier 2 migrants may be aged 16 and above. Under Section 55 of the Borders, Citizenship and Immigration Act 2009, the UK Border Agency must have regard to the need to safeguard children and to promote their welfare. Protection arrangements are being introduced for Tier 2 migrants under the age of 18, in line with the existing protection arrangements for Tier 4 migrants under the age of 18. 7.18 These protection arrangements allow leave to be granted to an applicant under 18 only where the applicant’s parents or legal guardian, or ju … st one parent if that parent has sole responsibility for the child, confirm that they support the application and consent to the arrangements for the applicant’s travel to, and reception and care in, the UK. Amendments to Tier 4 of the Points Based System 7.19 Tier 4 of the Points Based System caters for students, and was launched on 31 March 2009. Tier 4 consists of two categories: Tier 4 (General) students and Tier 4 (Child) students. 7.20 The Prime Minister’s review of Tier 4 was prompted by concerns about the sharp rise in student applications since the introduction of Tier 4. The review t … pplying as a Tier 2 (Sportsperson) Migrant, the applicant must have a minimum of 50 points under paragraphs 93 to 100 of Appendix A. (m) The applicant must have a minimum of 10 points under paragraphs 4 to 6 of Appendix B, unless the applicant: (i) is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant, and (ii) is not seeking a grant of leave to remain that would extend his total stay in this category beyond 3 years. (n) The applicant must have a minimum of 10 points under paragraphs 4 to 5 of Appendix C. (o) The applicant must be at least 16 years old. (p) Where the app … ) migrants. 7.30 In line with the change for Tier 2 (Sportsperson) Migrants, a change is being made to allow Tier 5 (Temporary Worker) Migrants in the Creative and Sporting sub-category to play for their national side whilst the national side is in the United Kingdom, without being required to make a further application. 7.31 There is no minimum age limit for Tier 5 (Temporary Worker) migrants. Under Section 55 of the Borders, Citizenship and Immigration Act 2009, the UK Border Agency must have regard to the need to safeguard children and to promote their welfare. Protection arrangements are b … eing introduced for Tier 5 (Temporary Worker) migrants under the age of 18, in line with the existing protection arrangements for Tier 4 migrants under the age of 18. 5 7.32 These protection arrangements allow leave to be granted to an applicant under 18 only where the applicant’s parents or legal guardian, or just one parent if that parent has sole responsibility for the child, confirm that they support the application and consent to the arrangements for the applicant’s travel to, and reception and care in, the UK. Amendments to Representatives of Overseas Businesses category 7.33 A technical …
UK Home Office, official Statement of ChangesHC 439 paragraphs 25, 28, 38 and 41; memorandum 7.17–7.18 and 7.31–7.32Open official source
Retrieved from https://assets.publishing.service.gov.uk/media/5a7c22dfed915d0b036b53e6/hc439.pdf

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record recovered-gb-minor-worker-consent-20100406. Something wrong? Flag this record.

Other United Kingdom changes operative in 2010