The Home Secretary’s recent announcement signifies a significant shift in the UK immigration policies, aiming to strike a balance between controlling migration numbers and addressing skills shortages. Hot off the back of the Home Secretary’s announcement regarding changes to the skilled workers minimum salary threshold, modifications to the Shortage Occupation List, adjustments to dependant visas, and a review of the Graduate visa route, in its latest Statement of Changes to the Immigration Rules (HC246), published on 7 December 2023, the Home Office has announced various changes to a number of UK immigration routes, as well as the introduction of several new appendices to the Immigration Rules. In this post we highlight some of the key changes to the Immigration Rules that applicants should be aware of, including:
– A requirement that joining family members submit any application to the EU settlement Scheme within 3 months of arrival;
– A change to the right to work conditions for Visitors to allow visitors to the UK to work remotely while in the UK, provided this is not the primary purpose of their visit;
– Merging of the Permitted Paid Engagement Visitor route into the Standard Visitor route, meaning that all visitors can undertake Permitted Paid Engagements;
– The addition of Uruguay to the Youth Mobility Scheme, together with a simplified YMS application process for Japanese and South Korean Citizens;
– The introduction of Appendix Bereaved Partner, Appendix Victim of Domestic Abuse and Appendix Statelessness. The changes set out below will come into effect on either 16 January 2024 or 31 January 2024, as indicated. The EUSS enables EU, other European Economic Area and Swiss citizens living in the UK by the end of the transition period on 31 December 2020, and their family members, to obtain the UK immigration status they need to continue living in the UK.
The key changes being introduced in respect of the Immigration Rules for the EUSS in Appendix EU are as follows:
– Preventing Applications from Irregular Arrivals:
To reinforce the government’s commitment to tackling illegal migration, changes are being made to prevent valid EUSS applications from being submitted by irregular arrivals, including those arriving via small boats.
– Timely Applications for Joining Family Members:
Individuals in the UK as visitors will be required to submit their application to the EUSS as a joining family member within three months of their arrival.
– Curtailing Limited Leave Under EUSS:
The revised rules will empower the Home Office to curtail limited leave to enter or remain granted under the EUSS, provided there are grounds for proportionality. This measure, subject to the right of appeal, will allow for curtailment when individuals never met the requirements of Appendix EU. These changes to the EUSS will take effect on 16 January 2024.
