Sweeping Changes Announced to UK Immigration Rules: What You Need to Know

Introduction

 

On September 7th, 2023, the UK Home Office announced an array of modifications to the existing UK Immigration Rules. The changes primarily touch upon the EU Settlement Scheme (EUSS), Electronic Travel Authorisation (ETA), Long Residence,
and other visa routes. This article aims to provide a comprehensive overview of these newly implemented adjustments.

Key Takeaways

• EU Settlement Scheme (EUSS): Removal of administrative review starting October 5, 2023.
• Electronic Travel Authorisation (ETA): Will be launched in October 2023.
• Youth Mobility Scheme (YMS): Extended age range and increased length of stay.
• Long Residence Rules: Lawful residence definition clarified.
• New Appendices: Introduction of Appendix Children, Appendix T, and Appendix Returning Resident.

EU Settlement Scheme (EUSS) Changes

The EUSS has undergone significant changes. Previously, those who were refused on eligibility grounds had the right to an administrative review. However, starting from October 5th, 2023, this right will be revoked. This aligns with Home Office views
that dual avenues of redress were not necessary under the Citizens Rights Agreements.

Minor technical changes have also been made to clarify existing policy positions, such as the requirement for evidencing dependency for dependent parents or children already granted limited leave under Appendix EU.

Amendments to Electronic Travel Authorisation (ETA)

The ETA scheme will be introduced in a phased manner starting in October 2023. Interestingly, the policy change will remove NHS debt as a ground for refusal of an ETA application.

Residents of Ireland travelling within the Common Travel Area (CTA) will need to demonstrate residency to benefit from the ETA exemption, starting from age 16.

Updates to Youth Mobility Scheme (YMS)

The YMS will now accommodate a broader age range, expanding from 18-30 to 18-35 years old. The length of stay is also increasing from 2 to 3 years. Andorra will be added to the list of participating countries.

Changes to Long Residence Rules

Lawful residence for the purpose of long residence has been clarified to exclude time spent on immigration bail, as a visitor, short-term student, or seasonal worker.

New Appendices Introduced

• Appendix Children: Aims to provide consistency in requirements for dependent children.
• Appendix T: To clarify Tuberculosis requirements.
• Appendix Returning Resident: To offer clear requirements for entry clearance as a Returning Resident.

Other Notable Changes

• Public Funds: Amendments will include new Social Security Scotland benefits.
• Part 9: Removal of the 10-year re-entry ban on deportation.
• Appendix English Language: Updated to include more routes to prove English language proficiency.
• Minor Technical Amendments: To routes like the Skilled Worker route, Student and Graduate routes, and Global Talent among others.

Conclusion

The UK Home Office continues its efforts to streamline and simplify Immigration Rules, with more consolidations expected in 2024. These recent changes reflect a more complex landscape for immigration and settlement in the UK, making it crucial for prospective migrants and current residents alike to stay updated.

How NA Law Solicitors Can Help

Contact NA Law Solicitors today for professional, comprehensive legal advice tailored to your unique needs.  Whether you’re seeking advice on obtaining a sponsor licence, understanding immigration routes, or ensuring compliance with all the necessary regulations, NA Law Solicitors is your trusted partner.