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Immigration Rules Updated: Detail which might affect you or your business

Sep 19, 2023

Skilled workers

Prison officers are being made eligible for this route and will be added to the list of Skilled Occupations.

Seasonal Workers

The seasonal worker route has been amended to clarify the minimum 32-hour pay-per-week requirement for those working in horticulture and seasonal poultry workers.

Youth mobility scheme enhancements

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.

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).

Long residence

The definition of ‘lawful residence’ was changed in April 2023 to exclude time spent on immigration bail (also known as Temporary Admission or Temporary Release) 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.

Definition of ‘independent life’

The definition 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

Additions made to the list of public funds that cannot be accessed by a person with the ‘no recourse to public funds’ restriction on their grant of leave. See more detail here.

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.

It has been clarified that the required date specified at sub paras (a)(viii) and (ix) of Annex 1 in Appendix EU does not apply to those applying as a person with a Zambrano right to reside or a family member of a qualifying British citizen.

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.

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.

Introduction of Appendix Children

This is a new appendix to the immigration rules. It has requirements that apply to children applying both in their rights as well as dependants of a main applicant. It will apply only to certain routes from 5th 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 explanatory memorandum does warn that entry could still be refused at the border for this reason.

Grounds for refusal

The ten-year re-entry ban in the immigration rules for those deported from the UK at private expense has been removed. The ban remains in place for those removed at public expense.

Gurkhas and Hong Kong military units

A 2009 concession allowing settlement for pre-1997 Gurkhas and their families will be added to the rules. It will also be extended to former members of Hong Kong military units discharged before 1 July 1997. Appendix AR is being amended from 5 October 2023 to allow for administrative reviews of refusals of these applications.

Please see the full Statement of Changes here

If you have any inquiries or concerns to ensure a seamless and hassle-free process, please contact us at https://ukvisas.co.uk/contact/

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