On September 7, 2023, the UK Home Office published a statement of changes to the immigration rules. According to the accompanying explanatory memorandum, “the changes being made primarily deliver changes to the EU Settlement Scheme and changes to Appendix Electronic Travel Authorisation.”
The majority of the changes take effect on October 5, 2023, with some changes to the Youth Mobility Scheme only becoming effective from January 31, 2024.
Below are highlights of the changes – further details are available in the explanatory memorandum and in the written statement by the Immigration Minister.
EU Settlement Scheme (EUSS) and EUSS family permits
- The changes in respect of Appendix AR and Appendix AR (EU) remove the right of administrative review for all decision types where it currently applies for the EUSS, the EUSS family permit and the S2 Healthcare Visitor visa.
- The right of appeal against those decisions will be maintained as the mechanism for meeting the government’s obligations under the Citizens’ Rights Agreements (CRAs) to provide judicial redress. The changes will apply to all relevant decisions made on or after October 5, 2023.
- Some minor technical amendments are also being made to the Immigration Rules for the EUSS in Appendix EU to clarify the existing policy position that where a dependent parent or child has already been granted limited leave under Appendix EU, they will not need to evidence dependency for any further applications under Appendix EU.
Appendix Electronic Travel Authorisation
- The UK will launch an Electronic Travel Authorisation (ETA) scheme in October 2023 in a phased manner on a nationality basis. The ETA scheme will ultimately apply to all those passengers visiting the UK or transiting through the UK who do not currently need a visa for short stays and do not have any other immigration status before travelling.
- At present, Appendix Electronic Travel Authorisation states than an application for an ETA may be refused if an applicant has failed to pay relevant NHS charges with a total value of at least £500. The statement of changes removes NHS debt as a ground for refusal of an ETA application.
- However, a successful ETA application does not guarantee that an applicant will be granted permission to enter at the UK border. Therefore, travellers seeking permission to enter the UK who have outstanding NHS debts, and who do not take the necessary steps to settle their debts in advance of travel, may be refused entry at the UK border on arrival.
- At present, Appendix Electronic Travel Authorisation stipulates that an applicant who is lawfully resident in Ireland and is travelling to the UK from elsewhere in the Common Travel Area (CTA) does not need to obtain an ETA.
- The statement of changes clarifies that the ETA exemption for applicants lawfully resident in Ireland, who are travelling within the CTA, will require a person aged 16 or over to demonstrate residency in Ireland, if required by a UK official, in order to benefit from this exemption. On July 20, 2023, the Home Office published guidance detailing which documents can be used to demonstrate residency for the purpose of this exemption, including a 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.
Long Residence
- In April 2023 the definition of ‘lawful residence’ for the purposes of long residence was changed to exclude time spent on immigration bail, as a visitor, short-term student, or seasonal worker. The rules are being changed to clarify that this exclusion extends to time spent on previous versions of immigration bail (temporary admission and temporary release) and previous visitor, short-term student visa, or seasonal worker routes.
Skilled Workers
- Prison service officers are being made eligible for this route. This occupation meets the skills threshold, and workers can be sponsored where the Civil Service nationality requirements are met. Further minor policy and technical changes are also being introduced, as described in the explanatory memorandum.
Youth Mobility Scheme (YMS)
- The UK’s existing reciprocal, bilateral arrangements with Australia and Canada have been enhanced – the age range is being expanded from 18-30 to 18-35 and the length of stay is being increased from 2 to 3 years. The Rules changes bring these enhancements into effect.
- A minor technical edit is also being made to clarify the limitations on self- employment on this route.
- The UK has negotiated a YMS arrangement with Andorra. Therefore it will be added to the list of countries and territories participating in this route and the Rules will be amended to reflect the requirements for Andorran citizens coming to the UK.
Appendix Children
- The government is introducing an Appendix Children that will include common requirements for both children applying as dependants of a lead applicant, and children applying in their own right.
- Common requirements for dependent children relate to age, independent life, care, and relationship requirements.
- A common parental consent requirement will apply where a child is applying for entry clearance or permission to stay in their own right.
- No policy changes have been made to these requirements, but this approach is intended to provide clarity and consistency across over 20 routes.
Appendix English Language
- This is being updated to allow applicants in an additional six routes 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.
Erickson Insights and Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.