Новые изменения в иммиграционных Правила
08 September 2023 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> Statement of changes HC 1780: restrictions on administrative review and expansion of Youth Mobility Scheme: https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1780-7-september-2023
Below is the summary of the main changes. The vast majority of changes take effect on 5 October 2023, with some changes to the Youth Mobility Scheme only taking effect from 31 January 2024.
Definition of ‘independent life’
The definition at paragraph 6.2 of the immigration rules has been made less restrictive, with the removal of requirements that a person not be in full-time employment, wholly or mainly dependent on their parent for financial support (unless 18 or over) and wholly or mainly dependent on their parent for emotional support.
Public funds
There have been several additions to the list of public funds at paragraph 6.2 that cannot be accessed by a person with the ‘no recourse to public funds’ restriction on their grant of leave.
Administrative review
Changes are being made to Appendix AR and Appendix AR(EU) to REMOVE THE RIGHT of administrative review for all decisions where it currently applies for the EU Settlement Scheme, the EUSS family permit and the S2 Healthcare Visitor visa. No changes have been made to the ability to appeal EU Settlement Scheme decisions, in line with the Citizens’ Rights Agreement.
Appendix EU
Appendix EU is also being amended in line with the existing policy position that where limited leave has already been granted under Appendix EU to a dependent parent or child, then dependency does not need to be evidenced again in further applications.
Appendix FM
The relationship requirements for leave to remain as a child have been amended so that those with leave as an adult dependent relative are no longer excluded from bringing a child to the UK. This will perhaps be of limited use in practice.
Youth mobility scheme
For Australia and Canada the upper age limit is being extended from 30 to 35 years old and the period of leave granted increased from two to three years. Andorra is being added to the list of countries participating in the scheme.
Long residence
The definition of ‘lawful residence’ was changed in April 2023 to exclude time spent on immigration bail, as a visitor, short-term student or seasonal worker. Paragraph 276A(b) of the rules is being amended to clarify that this includes time spent on previous versions of these routes or temporary admission or release.
Appendix Children
This is a new appendix to the immigration rule. It has requirements that apply to children applying both in their own rights as well as dependants of a main applicant. It will apply only to certain routes from 5 October 2023 and will be rolled out further in future.
Appendix Electronic Travel Authorisation
The change to this appendix is the removal of NHS debt as a reason to refuse an application for an Electronic Travel Authorisation. The reason for this is that systems are not in place for checks on this to be done in a timely manner. The explanatory memorandum does warn at 7.16 that entry could still be refused at the border for this reason.
People lawfully resident in Ireland are exempt from this requirement, but those aged 16 or over will need to demonstrate residency if required to do so by a UK official.
Grounds for refusal
The ten-year re-entry ban at paragraph 9.8.7(e) of part 9 of the immigration rules for those deported from the UK at public expense has been removed. The ban remains in place for those removed at public expense. This is to bring the rules in line with part 13 which was changed earlier this year to remove the minimum period for maintenance of a deportation order.
Appendix Returning Resident
This is a new appendix being added as part of the simplification process, replacing paragraphs 18, 18A, 19, 19A and 20 of the immigration rules.
Appendix English Language
Six new routes have been added to the list which can meet the English language requirement through having a GCSE, A level, Scottish National Qualification at level 4 or 5 or Scottish Higher or Advanced Higher in English. The new routes are Appendix Representative of an Overseas Business, Appendix T2 Minister of Religion, Appendix UK Ancestry, Appendix Global Talent, Appendix Domestic Workers in a Private Household and Appendix Hong Kong British National (Overseas).
Appendix Tuberculosis
Provisions elsewhere in the rules around tuberculosis testing, including Appendix T, are being replaced with this new appendix. This is another part of the simplification of the rules exercise.
Skilled workers
Prison officers are being made eligible for this route and will be added to Appendix Skilled Occupations.
Other changes
Minor drafting changes to Appendix International Sportsperson, Appendix Government Authorised Exchange. Technical changes are being made to validity sections for Appendix Student, Appendix Child Student and Appendix Graduate. Appendix Finance is being amended to clarify that short term students (English language) can rely on funds in the account of their parent or legal guardian. Appendix Global Talent will have some minor changes made at the request of the endorsing bodies. The seasonal worker route has been amended to clarify the minimum 32 hours pay per week requirement for those working in horticulture and seasonal poultry workers.
>>> Statement of changes HC 1780: restrictions on administrative review and expansion of Youth Mobility Scheme: https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1780-7-september-2023
Below is the summary of the main changes. The vast majority of changes take effect on 5 October 2023, with some changes to the Youth Mobility Scheme only taking effect from 31 January 2024.
Definition of ‘independent life’
The definition at paragraph 6.2 of the immigration rules has been made less restrictive, with the removal of requirements that a person not be in full-time employment, wholly or mainly dependent on their parent for financial support (unless 18 or over) and wholly or mainly dependent on their parent for emotional support.
Public funds
There have been several additions to the list of public funds at paragraph 6.2 that cannot be accessed by a person with the ‘no recourse to public funds’ restriction on their grant of leave.
Administrative review
Changes are being made to Appendix AR and Appendix AR(EU) to REMOVE THE RIGHT of administrative review for all decisions where it currently applies for the EU Settlement Scheme, the EUSS family permit and the S2 Healthcare Visitor visa. No changes have been made to the ability to appeal EU Settlement Scheme decisions, in line with the Citizens’ Rights Agreement.
Appendix EU
Appendix EU is also being amended in line with the existing policy position that where limited leave has already been granted under Appendix EU to a dependent parent or child, then dependency does not need to be evidenced again in further applications.
Appendix FM
The relationship requirements for leave to remain as a child have been amended so that those with leave as an adult dependent relative are no longer excluded from bringing a child to the UK. This will perhaps be of limited use in practice.
Youth mobility scheme
For Australia and Canada the upper age limit is being extended from 30 to 35 years old and the period of leave granted increased from two to three years. Andorra is being added to the list of countries participating in the scheme.
Long residence
The definition of ‘lawful residence’ was changed in April 2023 to exclude time spent on immigration bail, as a visitor, short-term student or seasonal worker. Paragraph 276A(b) of the rules is being amended to clarify that this includes time spent on previous versions of these routes or temporary admission or release.
Appendix Children
This is a new appendix to the immigration rule. It has requirements that apply to children applying both in their own rights as well as dependants of a main applicant. It will apply only to certain routes from 5 October 2023 and will be rolled out further in future.
Appendix Electronic Travel Authorisation
The change to this appendix is the removal of NHS debt as a reason to refuse an application for an Electronic Travel Authorisation. The reason for this is that systems are not in place for checks on this to be done in a timely manner. The explanatory memorandum does warn at 7.16 that entry could still be refused at the border for this reason.
People lawfully resident in Ireland are exempt from this requirement, but those aged 16 or over will need to demonstrate residency if required to do so by a UK official.
Grounds for refusal
The ten-year re-entry ban at paragraph 9.8.7(e) of part 9 of the immigration rules for those deported from the UK at public expense has been removed. The ban remains in place for those removed at public expense. This is to bring the rules in line with part 13 which was changed earlier this year to remove the minimum period for maintenance of a deportation order.
Appendix Returning Resident
This is a new appendix being added as part of the simplification process, replacing paragraphs 18, 18A, 19, 19A and 20 of the immigration rules.
Appendix English Language
Six new routes have been added to the list which can meet the English language requirement through having a GCSE, A level, Scottish National Qualification at level 4 or 5 or Scottish Higher or Advanced Higher in English. The new routes are Appendix Representative of an Overseas Business, Appendix T2 Minister of Religion, Appendix UK Ancestry, Appendix Global Talent, Appendix Domestic Workers in a Private Household and Appendix Hong Kong British National (Overseas).
Appendix Tuberculosis
Provisions elsewhere in the rules around tuberculosis testing, including Appendix T, are being replaced with this new appendix. This is another part of the simplification of the rules exercise.
Skilled workers
Prison officers are being made eligible for this route and will be added to Appendix Skilled Occupations.
Other changes
Minor drafting changes to Appendix International Sportsperson, Appendix Government Authorised Exchange. Technical changes are being made to validity sections for Appendix Student, Appendix Child Student and Appendix Graduate. Appendix Finance is being amended to clarify that short term students (English language) can rely on funds in the account of their parent or legal guardian. Appendix Global Talent will have some minor changes made at the request of the endorsing bodies. The seasonal worker route has been amended to clarify the minimum 32 hours pay per week requirement for those working in horticulture and seasonal poultry workers.
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