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2014 10 JUL

visaandmigration.com

CHANGES TO IMMIGRATION RULES FROM 10 JULY 2014

• Tier 1 PSW holders are not allowed to switch to Tier 1 (Entrepreneur) category of the Points-Based System. The changes suspend the provision to switch into the category from student categories and the Tier 1 (Post-Study Work) category, except in certain circumstances. These changes are being made in response to evidence of widespread abuse of provisions by applicants, pending further investigation of this abuse and consideration of other remedial measures.
• New 12 month “Mathematics Teacher Exchange” scheme between England and China to the list of approved schemes under the Tier 5 Government Authorised Exchange route for UK Immigration.
• All tests provided by Cambridge International Examinations (“CIE”) and certain tests provided by Cambridge English and Trinity College London will be removed from the list of approved English language tests used in various immigration categories. 
• The Immigration Rules on family and private life in Appendix FM and paragraphs 276ADE-276DH with the public interest considerations in section 117B of the Nationality, Immigration and Asylum Act 2002 which apply to decisions engaging the qualified right to respect for private and family life under Article 8 of the Human Rights. Secretary of State will be able to grant leave to remain outside the rules on Article 8 grounds, the applicant will normally be granted leave for a period not exceeding 30 months and subject to a condition of no recourse to public funds unless the Secretary of State considers that the person should not be subject to condition of recourse to public funds. 
• Further minor amendments are also being made to the Rules which will be clear after the rules are published.

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