Важные изменения в иммиграционных Правилах
Важные изменения в британских иммиграционных Правилах
18 July 2023 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> Statement of Changes to the Immigration Rules: HC 1496 (17 July 2023)
(ТОЛЬКО ОСНОВНЫЕ И ИНТЕРЕСНЫЕ ПУНКТЫ)
A Statement of Changes to the Immigration Rules (HC 1496) was published yesterday.
The following changes came into effect today, 17 July 2023, at 15:00:
- Asylum - pausing the differentiation policy; and
-Student route changes - dependants and switching. The transitional provisions are clear that in relation to these changes, ‘if an application for entry clearance, leave to enter or leave to remain, has been made before 17 July 2023, such applications will be decided in accordance with the Immigration Rules in force on 16 July 2023’.
Asylum - pausing the differentiation policy
The Explanatory Memorandum explains that:
‘6.3 The changes to Asylum - pausing the differentiation policy to support SAP (streamlined asylum processing) for applications made on or after 28 June 2022 and until the introduction of the Illegal Migration Bill (7 March 2023), will come into effect at 1500 on 17 July 2023, and therefore depart from the usual convention that changes to the Immigration Rules come into force no earlier than 21 days after being laid in Parliament.
6.4 We will breach the usual 21-day convention and commence the Rules “pausing” differentiation on the day after they are laid. Taking urgent action is necessary in order to determine asylum applications more quickly and move asylum seekers out of asylum accommodation as soon as possible. This change does not disadvantage those affected and quicker decisions will help to give much-needed certainty to those in need of protection
…
7.16 We are … pausing the differentiation policy through these Rules changes. This means we will stop taking grouping decisions under the differentiated asylum system after these Rules changes and those individuals who are successful in their asylum application, including those who are granted humanitarian protection, will receive the same conditions. Our ability to remove failed asylum applicants remains unchanged.
7.17 Individuals who have already received a “Group 2” or humanitarian protection decision under post-28 June 2022 policies will be contacted and will have their conditions aligned to those afforded to “Group 1” refugees. This includes length of permission to stay, route to settlement, and eligibility for Family Reunion.’
These changes are reflected in Part 11 of the Immigration Rules and Appendix Family Reunion (Protection) of the Immigration Rules.
Paragraphs 339QA and 339QB have been replaced:
‘339QA. Where the Secretary of State has granted an asylum applicant refugee status under paragraph 334, the asylum applicant will be granted permission to stay on a protection route at the same time as or as soon as possible after the grant of refugee status.
Permission to stay on a protection route will be valid for a minimum period of 5 years and renewable upon application where the person still has and remains eligible for refugee status. Applications for further permission to stay on a protection route under this Part should be made within the last 28 days of the applicant’s permission to stay”.
339QB. Where the Secretary of State has granted an asylum applicant humanitarian protection under paragraph 339C, the asylum applicant will be granted permission to stay on a protection route at the same time as or as soon as possible after the grant of humanitarian protection. Permission to stay on a protection route will be valid for a minimum period of 5 years and will be renewable upon application where the person still has and remains eligible for humanitarian protection. Applications for further permission to stay on a protection route under this Part should be made within the last 28 days of the applicant’s permission to stay.’
Paragraphs 339QD and 339QE now read:
‘339QD. The Secretary of State may curtail, revoke or refuse to grant further permission to stay on a protection route under paragraphs 339QA or 339QB where a person’s refugee status or humanitarian protection is revoked.
339QE. The Secretary of State may curtail, revoke or refuse to grant further permission to stay on a protection route to a dependant granted permission to stay on a protection route under paragraph 339QC where the refugee status or humanitarian protection of the applicant on whom they are a dependant is revoked, or where they no longer meet the requirements of the Rules under which they were granted.’
Paragraph 352G now reads:
‘352G. For the purposes of this Part:
(a) “Country of origin” means the country or countries of nationality or, for a stateless person, the country of former habitual residence; and
(b) “Partner” means the applicant’s spouse, civil partner, or a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least 2 years prior to the date of application.’
In Appendix Family Reunion (Protection), the Statement of Changes deleted the eligibility requirements in FRP 7.2. which provided narrow eligibility requirements for family reunion for individuals granted temporary refugee permission to stay or temporary humanitarian permission to stay.
Student route changes - switching
The amendments HAVE REMOVED international students’ ABILITY to switch into work routes BEFORE their studies have completed, as explained in the Explanatory Memorandum:
‘7.12 The switching restrictions will ensure that students are generally not switching in-country to another route until they have completed their courses. Students on courses at degree level or above will be able to apply before course completion to switch to sponsored work routes, as long as their EMPLOYMENT START DATE IS NOT BEFORE their course completion. Those studying towards PhDs will be able to switch after 24 months’ study.’
The amendments also REMOVE THE ABILITY FOR INTERNATIONAL STUDENTS to apply for permission to STAY AS A DEPENDENT in a work route (Skilled Worker, Senior or Specialist Worker, Graduate Trainee, UK Expansion Worker, Service Supplier, Secondment Worker, T2 Minister of Religion, Representative of an Overseas Business, Global Talent, High Potential Individual, Scale-Up, Innovator Founder, International Sportsperson), as a dependant under the UK Ancestry route, or as a dependant any of the Temporary Worker routes (Creative Worker, Charity Worker, Religious Worker, International Agreement, Government Authorised Exchange).
Summary of Future Changes
On 7 August 2023, the following changes will take effect:
EXTENSION of the Ukraine Extension Scheme to include Ukrainian nationals who had permission to enter or stay in the UK for any period between 18 March 2022 and 16 November 2023 and extend the deadline, such that applications must be made on or before 16 May 2024.
To replace the rule on withdrawing asylum claims, with new bases for withdrawal:
‘333C. If an application for asylum is withdrawn either explicitly or implicitly, it will not be considered.
...
Changes to the SHORTAGE OCCUPATION LIST to reflect the recommendations made by the Migration Advisory Committee, by ADDING certain construction and fishing industry occupations:
5119 Agriculture and fishing trades not elsewhere classified – only jobs in the fishing industry
5312 Bricklayers and masons – all jobs
5313 Roofers, roof tilers and slaters – all jobs
5315 Carpenters and joiners – all jobs
5319 Construction and building trades not elsewhere classified – all jobs
5321 Plasterers – all jobs
9119 Fishing and other elementary agriculture occupations not elsewhere classified – only deckhands on large fishing vessels (9 metres and above) where the job requires the worker to have at least 3 years’ full-time experience in using their skills. This experience must not have been gained through working illegally.
Changes to the Skilled Worker route to allow workers who are sponsored for General Practitioner specialty training to be granted permission until 4 months (instead of the usual 14 days) after the end date of their Certificate of Sponsorship and to allow them to undertake supplementary employment during this period.
Changes to the Skilled Worker route, Global Business Mobility (Senior or Specialist Worker, Graduate Trainee, UK Expansion Worker, Service Supplier, Secondment Worker, Scale-Up Worker), and Scale-up routes, to add a specific genuineness requirement.
...
18 July 2023 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> Statement of Changes to the Immigration Rules: HC 1496 (17 July 2023)
(ТОЛЬКО ОСНОВНЫЕ И ИНТЕРЕСНЫЕ ПУНКТЫ)
A Statement of Changes to the Immigration Rules (HC 1496) was published yesterday.
The following changes came into effect today, 17 July 2023, at 15:00:
- Asylum - pausing the differentiation policy; and
-Student route changes - dependants and switching. The transitional provisions are clear that in relation to these changes, ‘if an application for entry clearance, leave to enter or leave to remain, has been made before 17 July 2023, such applications will be decided in accordance with the Immigration Rules in force on 16 July 2023’.
Asylum - pausing the differentiation policy
The Explanatory Memorandum explains that:
‘6.3 The changes to Asylum - pausing the differentiation policy to support SAP (streamlined asylum processing) for applications made on or after 28 June 2022 and until the introduction of the Illegal Migration Bill (7 March 2023), will come into effect at 1500 on 17 July 2023, and therefore depart from the usual convention that changes to the Immigration Rules come into force no earlier than 21 days after being laid in Parliament.
6.4 We will breach the usual 21-day convention and commence the Rules “pausing” differentiation on the day after they are laid. Taking urgent action is necessary in order to determine asylum applications more quickly and move asylum seekers out of asylum accommodation as soon as possible. This change does not disadvantage those affected and quicker decisions will help to give much-needed certainty to those in need of protection
…
7.16 We are … pausing the differentiation policy through these Rules changes. This means we will stop taking grouping decisions under the differentiated asylum system after these Rules changes and those individuals who are successful in their asylum application, including those who are granted humanitarian protection, will receive the same conditions. Our ability to remove failed asylum applicants remains unchanged.
7.17 Individuals who have already received a “Group 2” or humanitarian protection decision under post-28 June 2022 policies will be contacted and will have their conditions aligned to those afforded to “Group 1” refugees. This includes length of permission to stay, route to settlement, and eligibility for Family Reunion.’
These changes are reflected in Part 11 of the Immigration Rules and Appendix Family Reunion (Protection) of the Immigration Rules.
Paragraphs 339QA and 339QB have been replaced:
‘339QA. Where the Secretary of State has granted an asylum applicant refugee status under paragraph 334, the asylum applicant will be granted permission to stay on a protection route at the same time as or as soon as possible after the grant of refugee status.
Permission to stay on a protection route will be valid for a minimum period of 5 years and renewable upon application where the person still has and remains eligible for refugee status. Applications for further permission to stay on a protection route under this Part should be made within the last 28 days of the applicant’s permission to stay”.
339QB. Where the Secretary of State has granted an asylum applicant humanitarian protection under paragraph 339C, the asylum applicant will be granted permission to stay on a protection route at the same time as or as soon as possible after the grant of humanitarian protection. Permission to stay on a protection route will be valid for a minimum period of 5 years and will be renewable upon application where the person still has and remains eligible for humanitarian protection. Applications for further permission to stay on a protection route under this Part should be made within the last 28 days of the applicant’s permission to stay.’
Paragraphs 339QD and 339QE now read:
‘339QD. The Secretary of State may curtail, revoke or refuse to grant further permission to stay on a protection route under paragraphs 339QA or 339QB where a person’s refugee status or humanitarian protection is revoked.
339QE. The Secretary of State may curtail, revoke or refuse to grant further permission to stay on a protection route to a dependant granted permission to stay on a protection route under paragraph 339QC where the refugee status or humanitarian protection of the applicant on whom they are a dependant is revoked, or where they no longer meet the requirements of the Rules under which they were granted.’
Paragraph 352G now reads:
‘352G. For the purposes of this Part:
(a) “Country of origin” means the country or countries of nationality or, for a stateless person, the country of former habitual residence; and
(b) “Partner” means the applicant’s spouse, civil partner, or a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least 2 years prior to the date of application.’
In Appendix Family Reunion (Protection), the Statement of Changes deleted the eligibility requirements in FRP 7.2. which provided narrow eligibility requirements for family reunion for individuals granted temporary refugee permission to stay or temporary humanitarian permission to stay.
Student route changes - switching
The amendments HAVE REMOVED international students’ ABILITY to switch into work routes BEFORE their studies have completed, as explained in the Explanatory Memorandum:
‘7.12 The switching restrictions will ensure that students are generally not switching in-country to another route until they have completed their courses. Students on courses at degree level or above will be able to apply before course completion to switch to sponsored work routes, as long as their EMPLOYMENT START DATE IS NOT BEFORE their course completion. Those studying towards PhDs will be able to switch after 24 months’ study.’
The amendments also REMOVE THE ABILITY FOR INTERNATIONAL STUDENTS to apply for permission to STAY AS A DEPENDENT in a work route (Skilled Worker, Senior or Specialist Worker, Graduate Trainee, UK Expansion Worker, Service Supplier, Secondment Worker, T2 Minister of Religion, Representative of an Overseas Business, Global Talent, High Potential Individual, Scale-Up, Innovator Founder, International Sportsperson), as a dependant under the UK Ancestry route, or as a dependant any of the Temporary Worker routes (Creative Worker, Charity Worker, Religious Worker, International Agreement, Government Authorised Exchange).
Summary of Future Changes
On 7 August 2023, the following changes will take effect:
EXTENSION of the Ukraine Extension Scheme to include Ukrainian nationals who had permission to enter or stay in the UK for any period between 18 March 2022 and 16 November 2023 and extend the deadline, such that applications must be made on or before 16 May 2024.
To replace the rule on withdrawing asylum claims, with new bases for withdrawal:
‘333C. If an application for asylum is withdrawn either explicitly or implicitly, it will not be considered.
...
Changes to the SHORTAGE OCCUPATION LIST to reflect the recommendations made by the Migration Advisory Committee, by ADDING certain construction and fishing industry occupations:
5119 Agriculture and fishing trades not elsewhere classified – only jobs in the fishing industry
5312 Bricklayers and masons – all jobs
5313 Roofers, roof tilers and slaters – all jobs
5315 Carpenters and joiners – all jobs
5319 Construction and building trades not elsewhere classified – all jobs
5321 Plasterers – all jobs
9119 Fishing and other elementary agriculture occupations not elsewhere classified – only deckhands on large fishing vessels (9 metres and above) where the job requires the worker to have at least 3 years’ full-time experience in using their skills. This experience must not have been gained through working illegally.
Changes to the Skilled Worker route to allow workers who are sponsored for General Practitioner specialty training to be granted permission until 4 months (instead of the usual 14 days) after the end date of their Certificate of Sponsorship and to allow them to undertake supplementary employment during this period.
Changes to the Skilled Worker route, Global Business Mobility (Senior or Specialist Worker, Graduate Trainee, UK Expansion Worker, Service Supplier, Secondment Worker, Scale-Up Worker), and Scale-up routes, to add a specific genuineness requirement.
...
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Updates to the seasonal worker route (to increase the hourly rate for occupation codes 5431 or 5433 in the poultry production sector, so they will be paid at least £10.75 for each hour worked and £26,200 per year).
...
Changes to Appendix Adult Dependent Relative Immigration Rules to correct the error of the Home Office in excluding the partner of an applicant (where the partner and the applicant are the parents or grandparents of the sponsor).
On 9 August 2023, the following changes will take effect to Appendix EU and Appendix EU (Family Permit):
The deadline for the application will be a validity requirement rather than an eligibility requirement, which will enable the Secretary of State to consider whether there are reasonable grounds for a late application as a preliminary issue. However, the Explanatory Memorandum states, at 7.2, ‘We will not reassess the validity of an application which has already been confirmed as valid by the issuing of a Certificate of Application.’
Illegal entrants will no longer be able to make a valid application to the EUSS as a joining family member.
The implementation of the judgment the Independent Monitoring Authority for the Citizens’ Rights Agreements v the Secretary of State for the Home Department [2022] EWHC 3274 (Admin) (21 December 2022). People with pre-settled status under the EUSS will automatically have their status extended by 2 years before it expires if they have not obtained settled status.
The Surinder Singh route and the Zambrano route will be closed to new applications from 8 August 2023. However, the Explanatory Memorandum confirms, ‘The routes will remain open to those who are already on them (or with a pending application, administrative review or appeal) or who have pending access to them via a relevant EUSS family permit.’
Changes to dependent relatives to include ‘the child of a durable partner where the child has turned 18 since they were granted pre-settled status under the EUSS’.