Statement of Changes to the Immigration Rules - July 2022
отредактировано 21 июл 2022 Раздел: Иммиграционные новости, интересная информация и судебные прецеденты
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>>> Statement of Changes to the Immigration Rules: https://questions-statements.parliament.uk/written-statements/detail/2022-07-20/hcws248
The Statement of Changes contains changes to Appendix Ukraine Scheme, as well as a corresponding change to the Introduction. It also makes changes to Appendix Private Life.
All the changes will take effect on 10 August 2022.
Appendix Ukraine
The changes to the Homes for Ukraine Scheme are to encompass a child who is not applying with, or intending to join, their parent or legal guardian in the UK. The child applicant must have an “Approved sponsor” (with an amended definition for this in paragraph 6 of the Rules) who was approved for the child by a Local Authority before the application is made, and the applicant must provide evidence of that approval in the form of a reference number. The sponsor must have agreed to accommodate the child for at least 3 years or until the child is 18 (whichever is soonest), so long as they are sponsored for at least 6 months.
The Approved sponsor must not have previously failed to meet the requirements for approval as a sponsor under the Homes for Ukraine Scheme under the guidance: “Homes for Ukraine - Applications to Homes for Ukraine for children who are not travelling or reuniting with their parent or legal guardian: Guidance for Councils”.
If the child is applying to join or is accompanied by an adult relative, who qualifies under the Homes for Ukraine Sponsorship Scheme, the child and the adult relative must have the same Approved sponsor. Adult relatives include grandparents, uncles, aunts, or siblings in line with the definition in the Children Act 1989.
The child must provide written parental consent to the child coming to live in the UK with the named sponsor and any adult relative who is applying with the child. The consent must be signed by at least one parent or the child’s legal guardian, and notarised or approved by:
(a) the notary authorities or Guardianship service of the city/regional council in Ukraine; or
(b) where the applicant is outside Ukraine, notary authorities or a Ukrainian consul.
There were also technical amendments to remove the launch date of the Ukraine Extension Scheme from the Rules, and in UKR 17.1(b) clarifying that where a non-Ukrainian national is part of an immediate family group, it must include an immediate family member who is a Ukrainian national who has been granted under or is applying under and qualifies under the Homes for Ukraine Sponsorship Scheme.
The Department for Levelling-up, Housing and Communities has published guidance for parents, sponsors and councils:
https://www.gov.uk/guidance/homes-for-ukraine-guidance-for-parents-or-legal-guardians-children-and-minors-applying-without-parents
https://www.gov.uk/guidance/homes-for-ukraine-guidance-for-councils-children-and-minors-applying-without-parents-or-legal-guardians
https://www.gov.uk/guidance/homes-for-ukraine-guidance-for-sponsors-children-and-minors-applying-without-parents-or-legal-guardians
The Government has also published a concession in caseworker guidance for children applying without their parent or legal guardian who have already made an application under the Homes for Ukraine Scheme.
Appendix Private Life
The amendments made to Appendix Private Life are to PL 6.1 and PL 8.1.
PL 6.1 is amended to reflect the changes to the inadmissibility rules following section 16 of the Nationality and Borders Act 2022 coming into effect:
Currently, PL 6.1. states ‘An applicant who has made a protection or asylum claim which has been declared inadmissible under Part 11 of these rules cannot meet the requirement at PL 5.1(b).’
From 10 August 2022 it will state, ‘An applicant who has made a protection or asylum claim which has been declared inadmissible under Part 11 of these rules before 28 June 2022, or under section 80B and 80C of the Nationality, Immigration and Asylum Act 2002, and which continues to be treated as inadmissible, cannot meet the requirement at PL 5.1(b).’
PL 8.1, which is eligibility for a private life route relying on Article 8 ECHR, is amended to fix a typographical/logical error, by including the following word “not”:
‘PL 8.1. If the applicant does not meet the suitability requirements (subject to PL 8.2), or does not meet any of the eligibility requirements in PL 3.1., PL 4.1. or PL 5.1. the decision maker must be satisfied that refusal of permission to stay would not breach Article 8 of the Human Rights Convention on the basis of private life.’
If a refusal would not breach Article 8, and a person falls for refusal under certain Appendix FM suitability grounds, the application on the private life route will be refused under PL 8.2.
>>> Statement of Changes to the Immigration Rules: https://questions-statements.parliament.uk/written-statements/detail/2022-07-20/hcws248
The Statement of Changes contains changes to Appendix Ukraine Scheme, as well as a corresponding change to the Introduction. It also makes changes to Appendix Private Life.
All the changes will take effect on 10 August 2022.
Appendix Ukraine
The changes to the Homes for Ukraine Scheme are to encompass a child who is not applying with, or intending to join, their parent or legal guardian in the UK. The child applicant must have an “Approved sponsor” (with an amended definition for this in paragraph 6 of the Rules) who was approved for the child by a Local Authority before the application is made, and the applicant must provide evidence of that approval in the form of a reference number. The sponsor must have agreed to accommodate the child for at least 3 years or until the child is 18 (whichever is soonest), so long as they are sponsored for at least 6 months.
The Approved sponsor must not have previously failed to meet the requirements for approval as a sponsor under the Homes for Ukraine Scheme under the guidance: “Homes for Ukraine - Applications to Homes for Ukraine for children who are not travelling or reuniting with their parent or legal guardian: Guidance for Councils”.
If the child is applying to join or is accompanied by an adult relative, who qualifies under the Homes for Ukraine Sponsorship Scheme, the child and the adult relative must have the same Approved sponsor. Adult relatives include grandparents, uncles, aunts, or siblings in line with the definition in the Children Act 1989.
The child must provide written parental consent to the child coming to live in the UK with the named sponsor and any adult relative who is applying with the child. The consent must be signed by at least one parent or the child’s legal guardian, and notarised or approved by:
(a) the notary authorities or Guardianship service of the city/regional council in Ukraine; or
(b) where the applicant is outside Ukraine, notary authorities or a Ukrainian consul.
There were also technical amendments to remove the launch date of the Ukraine Extension Scheme from the Rules, and in UKR 17.1(b) clarifying that where a non-Ukrainian national is part of an immediate family group, it must include an immediate family member who is a Ukrainian national who has been granted under or is applying under and qualifies under the Homes for Ukraine Sponsorship Scheme.
The Department for Levelling-up, Housing and Communities has published guidance for parents, sponsors and councils:
https://www.gov.uk/guidance/homes-for-ukraine-guidance-for-parents-or-legal-guardians-children-and-minors-applying-without-parents
https://www.gov.uk/guidance/homes-for-ukraine-guidance-for-councils-children-and-minors-applying-without-parents-or-legal-guardians
https://www.gov.uk/guidance/homes-for-ukraine-guidance-for-sponsors-children-and-minors-applying-without-parents-or-legal-guardians
The Government has also published a concession in caseworker guidance for children applying without their parent or legal guardian who have already made an application under the Homes for Ukraine Scheme.
Appendix Private Life
The amendments made to Appendix Private Life are to PL 6.1 and PL 8.1.
PL 6.1 is amended to reflect the changes to the inadmissibility rules following section 16 of the Nationality and Borders Act 2022 coming into effect:
Currently, PL 6.1. states ‘An applicant who has made a protection or asylum claim which has been declared inadmissible under Part 11 of these rules cannot meet the requirement at PL 5.1(b).’
From 10 August 2022 it will state, ‘An applicant who has made a protection or asylum claim which has been declared inadmissible under Part 11 of these rules before 28 June 2022, or under section 80B and 80C of the Nationality, Immigration and Asylum Act 2002, and which continues to be treated as inadmissible, cannot meet the requirement at PL 5.1(b).’
PL 8.1, which is eligibility for a private life route relying on Article 8 ECHR, is amended to fix a typographical/logical error, by including the following word “not”:
‘PL 8.1. If the applicant does not meet the suitability requirements (subject to PL 8.2), or does not meet any of the eligibility requirements in PL 3.1., PL 4.1. or PL 5.1. the decision maker must be satisfied that refusal of permission to stay would not breach Article 8 of the Human Rights Convention on the basis of private life.’
If a refusal would not breach Article 8, and a person falls for refusal under certain Appendix FM suitability grounds, the application on the private life route will be refused under PL 8.2.
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