Earlier qualifying grants recognised for specified Tier 1 English-language criteria

Policy effect

From April 6, 2010, the specified Tier 1 English-language provisions permitted reliance on a qualifying grant of leave at any earlier time, rather than requiring it to be the most recent grant. The listed prior categories were Tier 1 General, Tier 1 Entrepreneur and Business Person, or Highly Skilled Migrant leave granted under rules incorporating the changes effective December 5, 2006. This did not establish a blanket exemption from higher English requirements in another category. Undecided applications made before April 6 remained subject to the earlier rules.

Conditions and exceptions

Validated condition or limit: Undecided applications made before April 6 remained subject to the earlier rules.

Official source excerpt

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

… a Certificate of Sponsorship, and is continuing to work in 50 the same job for the same Sponsor at the same (or higher) salary 74. In Appendix A, in paragraph 81, delete “and 70” and substitute “and 69(c) and (d)”. 75. In Appendix A, delete paragraph 82 and substitute: “82. No points will be awarded for sponsorship unless: (a) (i) the job that the Certificate of Sponsorship Checking Service entry records that the person is being sponsored to do appears on the United Kingdom Border Agency’s list of Skilled occupations. (ii) the applicant is a Senior Care Worker or an Established Entertainer, ( … d to include employment as a dentist in training, to correct a previous oversight. 2 yy Secondly, non-EEA nationals who have a degree in medicine or dentistry from a UK educational institution are being exempted from this restriction, and may therefore work as a doctor or dentist in training. yy Thirdly, the Tier 1 (Post-Study Work) criteria are being amended to enable doctors and dentists to use this category on completion of their Foundation Programme training, which they undertake under Tier 4 of the Points-Based System. 7.6 The effect of the current rules is that if an applicant proved the … ir English language skills in an earlier application that was not their most recent application, they must prove those skills again when applying for further leave. This is contrary to the policy intention which is that if an applicant has met the English language requirement once, they will not need to prove their English language skills in subsequent applications unless they are applying in a category that requires a higher level of English than they have previously proven. Amendments to Tier 2 of the Points Based System 7.7 Tier 2 of the Points-Based System caters for skilled workers with a … five year period for settlement. This corrects an oversight in HC 1113. 7.16 Applicants are not required to prove their English language skills if they have proven those skills in their last application. However, as under Tier 1, the effect of the current Rules is that if an applicant proved their English language skills in an earlier application that was not their last application, they would be required to prove those skills again. An amendment is being made to the English language requirement so that this is no longer the case (unless the migrant is applying in a category that requires a h … ), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711), 10 December 2009 (HC 120) and 10 February 2010 (HC 367). The changes in this Statement shall take effect on 6 April 2010, excepting paragraphs 5, 6, 7, 52 and 53 which shall ta … he Home Secretary, constitute a statement of practice to be followed in the administration of the Immigration Act 1971 for regulating entry into, and stay of persons in, the United Kingdom. 4.2 This Statement of Changes in Immigration Rules has been incorporated into a consolidated version of the Immigration Rules, which can be found under the ‘Policy and Law’ page at: www.ukba.homeoffice.gov.uk, where there are also copies of all the Statements of Changes in Immigration Rules issued since May 2003. 4.3 These changes to the Immigration Rules will come into force on 6 April 2010, excepting para …

Review method

Two separate automated exact-claim source reviews

Other United Kingdom changes operative in 2010

• 2010-01-13Borders, Citizenship and Immigration Act 2009
• 2010-03-03Employment restricted for dependants of specified Tier 4 students
• 2010-03-03Minimum course duration introduced for Tier 4 family applications
• 2010-03-03Term-time work limit reduced for specified Tier 4 students
• 2010-04-06Asylum-interview record signature requirement removed
• 2010-04-06Consent safeguards added for sponsored workers under 18
• 2010-04-06Higher duration limit for older Tier 4 Child students
• 2010-04-06ICT Graduate Trainee sub-category introduced
• 2010-04-06ICT Skills Transfer sub-category introduced
• 2010-04-06Lower partner-visa age threshold for serving HM Forces
• 2010-04-06Monaco added to the Youth Mobility Scheme
• 2010-04-06Sponsored researchers permitted to switch from qualifying work permits into Tier 5
• 2010-07-19Interim Limits on Tier 2 (General) Certificates of Sponsorship (HC 96)
• 2010-09-09Permission to Work for Asylum Applicants and Fresh Claimants (Cm 7929)
• 2010-11-29Statement of Changes in Immigration Rules (Cm 7944) - English Language Requirement for Partners
• 2010-12-21Tier 2 General interim certificate allocation specified in the Immigration Rules
• 2010-12-23Tier 1 General closed to new entry-clearance applications