Home Office publishes new Statement of Changes HC 719
Tuesday 8 November 2022
On 18 October 2022, the Home Office published its latest Statement of Changes in Immigration Rules, with an accompanying Explanatory Memorandum, a few weeks later than usual for the Autumn set of changes. This Statement of Changes sets out two new appendices and primarily technical amendments to existing routes and appendices. Of particular note is the lack of any changes to the Innovator route, which has been anticipated following the closure of the Tier 1 (Investor) route earlier this year, in February.
This article provides an overview of the most pertinent changes, most of which will come into force on 9 November 2022.
OVERVIEW OF SOME CHANGES TO EXISTING ROUTES AND APPENDICES
Definitions
Several changes were made to the Definitions section in the Immigration Rules paragraph 6.2(b) including an amendment to clarify ‘Date of application’. The definition now states that where an online application is submitted which includes a fee waiver request, the date of application will be the date the online fee waiver request is submitted, providing the completed online application is submitted within 10 working days of receipt of the decision of the fee waiver request. This is change is likely to be in line with the Home Office’s review of policy on fee waivers for human-rights based applications.
Additionally, the definition for ‘visa nationals’ and ‘non-visa nationals’ in paragraph 6.2(b) has been amended to clarify that ‘non-visa nationals’ are only required to obtain entry clearance when entering the UK for any purpose other than as a Visitor for six months or less. This clarification has been inserted in other relevant parts of the Immigration Rules and an in Appendix: Visitor.
Police Registration Scheme
The police registration scheme was suspended on 4 August 2022. This scheme required migrants from certain countries with more than six months of UK immigration permission to register within seven days of arrival to the UK or the date of their approval letter if already in the UK.
There is no need to retain a police registration certificate or present it as evidence in any future immigration application. Any appointments already secured will be cancelled, but fees already paid will not be refunded. The scheme will now be eliminated by removing references in the Immigration Rules.
Giving legal effect to travel bans
Previously, travel bans arising from international and domestic sanctions have been addressed through the Immigration Act 1971. However, there is little provision for cancellation of entry clearance for individuals already in the United Kingdom. The Home Office has therefore introduced Rules to give effect to sanctions issued by the United Nations and UK Government.
Appendix EU and Appendix EU (Family Permit)
Concessions recently introduced to the EU Settlement Scheme (EUSS) for EU nationals and those eligible for EUSS family permits have been brought into the Immigration Rules. These changes include:
- clarifying cases in which late arriving family members after the transition period can begin a qualifying period of residence in the UK under the EUSS;
- uncoupling reliance on EEA Regulations and reflecting judgments on derivative rights cases, primary carers of British citizen family members, and primary carers of self-sufficient EU citizen children; and
- allowing those in the UK with limited leave to remain or those exempt from immigration control to apply for EUSS until the end of their current period of leave rather than the standard requirement to apply within three months of arrival to the UK.
Appendix Visitor
Three new countries have been removed from the visa national list: Colombia, Guyana, and Peru. This change means nationals from Colombia, Guyana and Peru shall be ‘non-visa nationals’ and can travel to the United Kingdom without needing prior entry clearance if coming to the UK as a visitor.
The appendix has also been changed to add midwifery students to the Visit rules and allow sports officials to work in the United Kingdom with fewer restrictions regarding the type of sports events they can officiate.
Global Business Mobility – Service Supplier route
Changes have been introduced to enable permanent residents of Australia and New Zealand to qualify if free trade agreements with those countries cover the services they provide. Permanent residents of can stay in the UK for up to 12 months under this route. These changes reflect the UK’s recent trade agreements with Australia and New Zealand.
Creative Worker
Visitors in the UK who are undertaking permitted activities in the creative sector or under the Permitted Paid Engagements provisions will no longer be able to switch in-country to the Creative Worker sponsored category.
Seasonal Worker route
This route has been amended to permanently include roles in the poultry sector annually from 18 October to 31 December. The Government has implemented this change to account for post-Brexit sectoral needs leading up to the festive season.
Ukraine Extension Scheme
The Ukraine Extension Scheme eligibility period has been extended to allow Ukrainian nationals with UK immigration permission to stay or enter between 18 March 2022 and 16 May 2023. In light of the Russian invasion of Ukraine, eligible applicants can obtain an additional 36 months’ permission to remain in the United Kingdom. The Government has also introduced the requirement to apply for the Ukraine Extension Scheme on or before 16 November 2023.
Hong Kong British National (Overseas) route
The BN(O) route has been expanded to allow children of BN(O) parents to apply for the route on their own or with their dependant family members. Previously, children of BN(O) national parents could only use the route as dependants.
NEW APPENDICES
Appendix Afghan Relocations and Assistance Policy (Appendix ARAP)
This appendix simplifies and consolidates provisions of the Afghan Relocations and Assistance Policy into a simplified new style. It clarifies the processes by which an individual is eligible for relocation, noting that applicants do not have the right to administrative review. These changes shall come into force on 30 November 2022.
Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery
Following the entering into force of the Nationality and Borders Act 2022, this appendix establishes a route to grant temporary permission to stay in the United Kingdom for those confirmed as victims of human trafficking or slavery. Temporary permission is granted for a maximum of 30 months for each grant, and applicants must re-apply at the end of their permission to stay. This appendix is to be implemented from 30 January 2023.
Get in touch
To learn more about forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.
Hannah Berkeley
Solicitor – PSL
Phoebe Warren
Paralegal
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