The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/1147 |
2020 No. 1147
Exiting The European Union
Immigration
Nationality
The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020
Made 21th October 2020
Laid before Parliament 22th October 2020
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 84(4)(d) and 166(3)(b) of the Immigration and Asylum Act 19991and sections 68(1), (7), (8) and (10)(a) and (b), 69(2) and 74(8) of the Immigration Act 20142. These Regulations are made further to provision in the Immigration and Nationality (Fees) Order 20163.
So far as these Regulations are made in exercise of powers conferred by the Immigration Act 2014, they are made with the consent of the Treasury4.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020.
(2) Subject to paragraphs (3) to (6), these Regulations come into force at 9.00 a.m. on 1st December 2020.
(3) This regulation and regulations 5 and 11(1) and (3)(k) come into force on 12th November 2020.
(4) The following provisions of these Regulations come into force at 11.00 p.m. on 31st December 2020—
(a)
(a) regulation 8(6)(a) and (b);
(b)
(b) regulation 9(6)(c);
(c)
(c) regulation 10;
(d)
(d) regulation 12.
(5) Regulation 13(1) and (3)(a) comes into force on 1st January 2021.
(6) Regulations 8(4)(r), 9(4)(l) and 13(2) and (3)(b) come into force on 31st January 2021.
(7) The amendments made by these Regulations have the same extent as the provisions that are amended.
Amendments to the Immigration and Asylum Act 1999 (Part V Exemption: Licensed Sponsors Tiers 2 and 4) Order 2009
2. The Immigration and Asylum Act 1999 (Part V Exemption: Licensed Sponsors Tiers 2 and 4) Order 20095is amended as provided by regulations 3 and 4.
3.—(1) Article 2 (interpretation) is amended as follows.
(2) The existing text becomes paragraph (1).
(3) In paragraph (1)—
(a)
(a) for the definition of “Appendix CS migrant” substitute—
““child student migrant” means a migrant who—
(a) made an application for entry clearance or leave to remain under Appendix CS: Child Student to the immigration rules which had not been determined immediately before 9.00 a.m. on 1st December 20206,
(b) makes an application for entry clearance or leave to remain under Appendix Child Student to the immigration rules7, or
(c) has been granted entry clearance or leave to remain under Appendix CS: Child Student or Appendix Child Student to the immigration rules;”;
(b)
(b) in the definition of “immediate family”—
(i) after “Tier 2 migrant’s,” insert “worker migrant’s,”;
(ii) for “a student migrant who is an Appendix CS migrant” substitute “a child student migrant”;
(c)
(c) omit the definitions of “licensed sponsor” and “sponsor licence”;
(d)
(d) for the definition of “student migrant” substitute—
““student migrant” means a migrant who—
(a) made an application for entry clearance or leave to remain under Appendix ST: Student to the immigration rules, other than as the dependant partner or dependant child of a Student, which had not been determined immediately before 9.00 a.m. on 1st December 20208,
(b) made an application for entry clearance or leave to remain under Appendix CS: Child Student to the immigration rules which had not been determined immediately before that time,
(c) makes an application for entry clearance or leave to remain under Appendix Student to the immigration rules9, other than as the dependant partner or dependant child of a Student,
(d) makes an application for entry clearance or leave to remain under Appendix Child Student to the immigration rules,
(e) has been granted entry clearance or leave to remain under Appendix ST: Student or Appendix Student to the immigration rules, other than as the dependant partner or dependant child of a Student, or
(f) has been granted entry clearance or leave to remain under Appendix CS: Child Student or Appendix Child Student to the immigration rules;”;
(e)
(e) in the definition of “Tier 2 migrant”—
(i) for “makes” substitute “made”;
(ii) after “the Part 6A Points-based system” insert “, which had not been determined immediately before 9.00 a.m. on 1st December 2020”;
(f)
(f) in the definition of “Tier 4 (Child) Student” for “within the meaning given by paragraph 6 of” substitute “under”;
(g)
(g) at the end insert—
““worker migrant” means a migrant who makes an application for entry clearance or leave to remain, or has been granted entry clearance or leave to remain—
(a) under Appendix Skilled Worker to the immigration rules10, other than as the dependant partner or dependant child of a Skilled Worker,
(b) under Appendix Intra-Company Routes to those rules, other than as a dependant partner or dependant child on the Intra-Company Transfer route or the Intra-Company Graduate Trainee route under that Appendix,
(c) under Appendix T2 Minister of Religion to those rules, other than as a dependant partner or dependant child on the T2 Minister of Religion route under that Appendix, or
(d) under Appendix T2 Sportsperson to those rules, other than as a dependant partner or dependant child on the T2 Sportsperson route under that Appendix;
“worker sponsor” means a person licensed by the Secretary of State as a sponsor of applicants for entry clearance or leave to remain under Appendix Skilled Worker, Appendix Intra-Company Routes, Appendix T2 Minister of Religion or Appendix T2 Sportsperson to the immigration rules.”
(4) After paragraph (1) insert—
“2. In paragraph (1), any reference—
(a) to an application for entry clearance or leave to remain under an Appendix to the immigration rules being for entry clearance or leave to remain as the dependant partner or dependant child of a particular description of person, or as a dependant partner or dependant child on a particular route under that Appendix, or
(b) to the clearance or leave granted to a person under an Appendix to the immigration rules being entry clearance or leave to remain as the dependant partner or dependant child of a particular description of person, or as a dependant partner or dependant child on a particular route under that Appendix,
is to be construed in accordance with the Appendix in question.”
4.—(1) Article 3 (exemption of licensed sponsors and Student sponsors) is amended as follows.
(2) For the heading substitute “Exemption for worker sponsors and Student sponsors”.
(3) In paragraph (1) for sub-paragraph (a) substitute—
“(a)
“(a) are worker sponsors and provide immigration advice or immigration services free of charge to worker migrants or Tier 2 migrants or to the immediate family of those migrants, or”.
(4) For paragraph (2) substitute—
“2. The immigration advice or services given must be restricted to matters relating to—
(a) the migrant’s application, or
(b) an application for entry clearance, leave to enter or leave to remain made by the migrant’s immediate family and which is dependent on the migrant’s application.
2A. In paragraph (2), the references to the migrant’s application are to the migrant’s application under—
(a) Tier 2 or Tier 4 of the Part 6A Points-based system,
(b) Appendix ST: Student to the immigration rules,
(c) Appendix CS: Child Student to those rules,
(d) Appendix Skilled Worker to those rules,
(e) Appendix Intra-Company Routes to those rules,
(f) Appendix T2 Minister of Religion to those rules,
(g) Appendix T2 Sportsperson to those rules,
(h) Appendix Student to those rules, or
(i) Appendix Child Student to those rules.”
(5) In paragraph (3) for “the licensed sponsor” substitute “the worker sponsor”.
Amendments to the Immigration and Nationality (Fees) Regulations 2018
5. The Immigration and Nationality (Fees) Regulations 201811are amended as provided by regulations 6 to 13.
6.—(1) Regulation 2 (interpretation) is amended as follows.
(2) For the definition of “approval letter from an endorsing body” substitute—
““approval letter from an endorsing body” means a letter from an endorsing body, within the meaning given by paragraph 6 of the immigration rules, endorsing a proposed application for entry clearance to enter or leave to remain in the United Kingdom under Appendix Global Talent to those rules12;”.
(3) In the definition of “Innovator”—
(a)
(a) omit paragraph (a);
(b)
(b) in paragraph (b) omit “in respect of the Isle of Man”.
(4) In the definition of “Life in the UK Test” after “Appendix KoLL” insert “and Appendix KOL UK”13.
(5) In the definition of “Points-Based System”—
(a)
(a) omit paragraph (a);
(b)
(b) in paragraph (b) omit “in respect of the Isle of Man”.
(6) In the definition of “shortage occupation certificate of sponsorship” for “set out in Appendix K” substitute “in Appendix Shortage Occupation List”14.
(7) In the definition of “Start-up Migrant”—
(a)
(a) omit paragraph (a);
(b)
(b) in paragraph (b) omit “in respect of the Isle of Man”.
(8) After the definition of “Start-up Migrant” insert—
““Tier 1 (General) Migrant” and “Tier 1 (Post-Study Work) Migrant” have the meanings given by paragraph 6 of the Isle of Man immigration rules;”.
(9) In the definition of “Tier 1 (Entrepreneur) Migrant”, “Tier 1 (Exceptional Talent) Migrant”, “Tier 1 (General) Migrant”, “Tier 1 (Graduate Entrepreneur) Migrant”, “Tier 1 (Investor) Migrant” and “Tier 1 (Post-Study Work) Migrant”—
(a)
(a)...
To continue reading
Request your trial