The most recent adjustments to the Immigration Rules were released on
the 7th of September 2023 and have brought about some key changes. The main bulk of
the amendments simply address minor technical issues and provide clarity and
consistency. All changes in the Statement of Changes will come into effect on
various dates from 28 September 2023.
Administrative Review
Most notably, a key change to the Rules is the removal of the right to
administrative review under the EU Settlement Scheme, the EUSS family permit, and
the S2 Healthcare Visitor visa. Those applying under the scheme on or after 5
October 2023 can no longer apply for administrative review of a refused
decision/cancellation of permission.
Justification for this removal comes from the obligation of the UK under the
Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 where applicants
are still able to appeal a decision. The Minister of State for Immigration hinted
that this was to reflect the rest of the Immigration as no other part of the rules
has a “dual right to redress”. In this sense, the Home Office recognised that while
limited decisions are passed under this category, it could be a waste of resources
when a review mechanism already exists.
Changes to Appendix Electronic Travel
Authorisation
Ahead of the rollout of ETA’s, a change has been made to the suitability criteria.
Appendix Electronic Travel Authorisation will remove debt of at least £500 to NHS as
a ground for refusal. This is because the “current systems in use are not capable of
processing information on NHS debt quickly enough to deliver an ETA decision at the
required speed”. However, the Explanatory Memorandum did reinforce that entry could
be refused if inspected at the UK border upon arrival.
An addition to the ETA in relation to the exception to Irish nationals, added a
requirement for those over 16 or over to demonstrate residency in Ireland. This will
again be at the discretion of a border officer. Listed documents to prove residency
include “Permanent Residence Certificate, European Health Insurance Card, Irish
driving licence/learner permit, Medical card and GP visit card, National Age card
and Irish Residence Permit.
English Language
An update to the Appendix English Language will allow applicants applying under
Representative of an Overseas Business, T2 Minister of Religion, UK Ancestry, Global
Talent, Domestic Workers in a Private Household and Hong Kong British National
(Overseas) to demonstrate they meet the English Language requirement if they have a
GCSE, A level, Scottish National Qualification at level 4 or 5, or Scottish Higher
or advanced Higher in English.
Introduction to Appendix Children
The Rules have consolidated its’ eligibility requirements for children applying in
their own right and dependent children. The Home Office noted that “no policy
changes have been made to these requirements, but this approach will provide clarity
and consistency.” It will apply to a lengthy list of routes from the 5th of October
2023 and will be rolled out further in the future.
Long Residence
In April 2023, the definition of ‘lawful residence for the purposes of long
residency under Part 7, para 276A(b) was changed to exclude time spent on
immigration bail, as a visitor, short-term student, or seasonal worker. This has now
been amended to clarify that this exclusion extends to time spent on previous
versions of immigration bail and the excluded routes.
Part 9: Grounds of Refusal
In reflection of the Spring changes earlier this year, Paragraph 9.8.7(e) of Part 9
which set out the ten-year re-entry for those deported from the UK at public expense
has been removed to align with the newly introduced Part 13 that covers deportation.
Pre-1997 Gurkhas and Hong Kong Military
Units
The 2009 concession permitting pre-1997 Gurkhas to apply for settlement has been
added to the Immigration Rules. This has also been extended to include a new route
for Hong Kong military unit veterans discharged before 1 July 1997 and their
families, to settle in the UK. An application can be made from in the UK or
overseas. This will be added to “Appendix Gurkha and Hong Kong military unit veteran
discharged before 1 July 1997” also known as GHK.
Public Funds
For migrants with a condition that restricted them to ‘no recourse to public funds’
– the definition of ‘public funds’ under paragraph 6.2 of the Immigration Rules has
been amended to include new Social Security Scotland benefits and clarify existing
DWP and DLUHC benefits.
Returning Residents
The Returning Resident route is being simplified with a new ‘Appendix Returning
Resident’. This replaces the relevant requirements in Part 1, paras 18, 18A, 19, 19A
and 20 of the Immigration Rules.
Appendix Tuberculosis
The newly introduced Appendix Tuberculosis is replacing rules A39, B39 and C39, and
Appendix T, to provide greater clarity and consistency on the Tuberculosis
requirement.
Youth Mobility Scheme
Keen updates have been made to enhance the youth mobility scheme. For Australia and
Canada, the age range is to be expanded to 18-35, and the length of stay is to be
extended to 3 years. Notably, Andorra will also be added to the list of eligible
countries. The above changes will take effect on the 31st of January 2024.
Minor Amendments
Minor amendments are being made to the following parts of the Rules:
- Appendix International Sportsperson – An update is being made to Appendix
Sports Governing Bodies to add “British American Football Association” as an
approved governing body; - Appendix FM-SE – removal of the requirement to provide “a current
Appointment Report from Companies House” in paragraph 9(b)(vi) of Appendix FM-SE as
well as an addition of evidence for directors of a specified limited
company; - Appendix Finance – added the ability for Short-Term Students to rely on
funds in the account of a parent or legal guardian; - Global Talent – amendments made to the wording of endorsement criteria for
science, engineering, humanities, social science and medicine – to add clarity for
applicants and reduce questions for the endorsing bodies; - Government Authorised Exchange (GAE) – updated the list of eligible
schemes; - Skilled Worker – Prison service officers will now be eligible for the
Skilled Worker route; - Seasonal Worker – clarifies the minimum 32 hours pay per week requirement
for those working in horticulture and seasonal poultry workers; - Student and Graduate routes – technical changes are being made to validity
sections for Appendix Student, Appendix Child Student and Appendix
Graduate.
Immigration Insights
If you have any compliance queries on the above or which are more nuanced please
contact us directly on [email protected].
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please contact
us.
This immigration update is for informational purposes only and
is not a substitute for legal or scenario-specific advice. Furthermore, it is
important to note that immigration announcements are subject to sudden and
unexpected changes. Readers are encouraged to reach out to Newland Chase for any
case- or company-specific assessments.