Новые изменения в иммиграционных Правилах (включая ретроспективные)
20 September 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 1780 (7 September 2023): https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1182957/E02973776_-__HC_1780__-_EXPLANATORY_MEMORANDUM__Web_Accessible_.pdf
Most important changes
Changes Taking Effect on 5 October 2023, which appear to APPLY RETROSPECTIVELY
Electronic Travel Authorisation – Republic of Ireland
Persons lawfully residing in the Republic of Ireland are will be exempt from the ETA
Introduction of Appendix Children
A new Appendix Children will be introduced, which will contain:
-Age and Independent Life Requirement;
-Care Requirement;
-Relationship Requirement: Entry Clearance and Permission to Stay’
-Relationship Requirement: Settlement; and
-Parental Consent Requirement for applicants not applying as a dependent child
A common parental consent requirement will apply where a child is applying for entry clearance or permission to stay in their own right.
The parental consent requirement only applies where the child is not applying as a dependent child under Appendix Child Student, Appendix International Sportsperson, Appendix Short-term Student (English language), Appendix Student, and Appendix UK Ancestry.
Introduction of Appendix Tuberculosis (TB)
As well as improving clarity, Appendix Tuberculosis will make some substantive changes:
The exception currently in C39 for applicants who ‘are applying for entry clearance as in A39 in a country in Appendix T but have not been in that country or any other country mentioned in Appendix T for more than six months immediately before making their application’ will not be in Appendix TB.
TB2 instead states that ‘A valid TB certificate is required if the applicant has been continuously present in a country or countries listed at TB6 for 6 months or more, ====> which includes a period (of any length) within the 6 months before the date of application.’ <====
TB3 adds that ‘A TB certificate is only valid if it […] was issued within the 6-month period immediately before the date of application’.
TB4 adds that ‘A person may be required to provide ===> a new valid TB certificate <=== before the application for entry clearance is granted, if: (a) the TB certificate provided with their application expired more than 6 months before the date on which the application is considered; and (b) the applicant otherwise meets the requirements to be granted entry clearance’, which may impact applicants whose applications have long been pending with the Home Office and whose TB certificates thus expire more than 6 months before the application is considered.
TB5 provides discretion for the decision-maker, who ‘may waive the requirement to provide a valid TB certificate if they are satisfied that the applicant is unable to obtain a certificate and it is reasonable to waive the requirement on the specific facts of the case.’
Introduction of Appendix Returning Resident
Settlement lapses after a person who previously had settlement in the UK under the EUSS after a continuous period of absence from the UK of more than 5 years, and more than 4 years if the person was granted settlement under the EUSS as a Swiss national or family member of a Swiss national
‘A Returning Resident cannot bring or be joined by a partner or children on this route.’
Appendix Returning Resident will add the following:
Under RR 4.1, an applicant will be required to show that they ‘genuinely intend to return to the UK for the purpose of settlement’, as opposed to the present requirement in paragraph 19 of Part 1 that the applicant ‘can demonstrate he…intends to make the United Kingdom his permanent home’.
Appendix English Language
The introduction of Appendix English Language will be updated to reflect the position that it no longer applies to applications under Appendix Temporary Work – International Agreement, and to state that it applies to applications under Appendix Child staying with or joining a Non-Parent Relative (Protection).
Paragraph EL 2.3 will be updated to allow applicants to use their GCSE, A level, Scottish National Qualification at level 4 or 5 or Scottish Higher or Advanced Higher in English (language or literature) to meet the English language requirement for:
-entry clearance or permission to stay on the Innovator Founder route;
-applications to settle as an International Sportsperson,
-entry clearance, permission to stay or settlement on the Representative of an Overseas Business route;
-entry clearance or permission to stay on the T2 Minister of Religion route;
-settlement on the UK Ancestry route;
-settlement on the Global Talent route;
-settlement on the Domestic Workers in a Private Household route;
-settlement on Hong Kong British National (Overseas) route; and
-settlement on the Appendix Child Staying with or joining a NonParent Relative (Protection) route.
Miscellaneous Changes
The removal of the requirement for “a current Appointment Report from Companies House” in paragraph 9(b)(vi) of Appendix FM-SE” for income from employment and/or shares in a specified limited company because “the Companies House Direct (CHD) and WebCHeck services that provide the Current Appointment report are closing on 30 November 2023.”
Minor update to Appendix Finance to clarify that Short-Term Students (English language) can rely on funds in the account of a parent or legal guardian.
Changes Taking Effect on 5 October 2023, with transitional provisions
Public funds
The following public funds will be removed from the list:
a council tax benefit under Part VII of the Social Security Contribution and Benefits Act 1992;
a social fund payment under Part VIII of the Social Security Contribution and Benefits Act 1992; and
a council tax benefit under Part VII of the Social Security Contribution and Benefits (Northern Ireland) Act 1992.
The following public funds will be added to the list:
‘(c) a Social Fund maternity expenses payment made under section 138(1)(a) of the Social Security Contributions and Benefits Act 1992; a Social Fund funeral expenses payment made under section 138(1)(a) of that Act; a Social Fund cold weather payment made under section 138(2) of that Act; a Social Fund winter fuel payment made under section 138(2) of that Act; a Social Fund budgeting loan payment made under section 138(1) of that Act;
…
(e) a Social Fund sure start maternity grant payment made under section 134(1)(a) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; a Social Fund funeral expenses payment made under section 134(1)(a) of that Act; a Social Fund cold weather payment made under section 134(2) of that Act; a Social Fund winter fuel payment made under section 134 (2) of that Act; a Social Fund budgeting loan payment made under section 134 (1)(b) of that Act; and
…
(l) a Child Disability Payment made under the Disability Assistance for Children and Young People (Scotland) Regulations 2021; and (m)an Adult Disability Payment made under the Disability Assistance for Working Age People (Scotland) Regulations 2022; and
(n) a Carer’s Allowance Supplement made under Section 81 of the Social Security (Scotland) Act 2018; and
(o) a Scottish Child Payment made under the Scottish Child Payment Regulations 2020; and
(p) a Funeral Support Payment made under the Funeral Expense Assistance (Scotland) Regulations 2019; and
(q) a Job Start Payment made under section 2 of the Employment and Training Act 1973; and
(r) Child Winter Heating Assistance made under the Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020; and
(s) a Winter Heating Payment made under the Winter Heating Assistance (Low Income) (Scotland) Regulations 2023.”
Part 7 – Long residence
The Rules are being changed to clarify that the exclusion of time spent ‘on immigration bail, as a visitor, short-term student, or seasonal worker ‘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’ (per §7.10 Explanatory Memorandum) by substituting for paragraph 276A(b):
‘(b) “lawful residence” means residence which is continuous residence pursuant to:
(i) existing leave to enter or remain, except this cannot include time with entry clearance or permission under Appendix V: Visitor, Appendix Short-term Student (English language), or Appendix Temporary work – Seasonal Worker, or any relevant predecessor routes; or
(ii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.
(c) “lawful residence” does not include time spent on immigration bail, temporary admission, or temporary release.’
>>> Statement of Changes to the Immigration Rules: HC 1780 (7 September 2023): https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1182957/E02973776_-__HC_1780__-_EXPLANATORY_MEMORANDUM__Web_Accessible_.pdf
Most important changes
Changes Taking Effect on 5 October 2023, which appear to APPLY RETROSPECTIVELY
Electronic Travel Authorisation – Republic of Ireland
Persons lawfully residing in the Republic of Ireland are will be exempt from the ETA
Introduction of Appendix Children
A new Appendix Children will be introduced, which will contain:
-Age and Independent Life Requirement;
-Care Requirement;
-Relationship Requirement: Entry Clearance and Permission to Stay’
-Relationship Requirement: Settlement; and
-Parental Consent Requirement for applicants not applying as a dependent child
A common parental consent requirement will apply where a child is applying for entry clearance or permission to stay in their own right.
The parental consent requirement only applies where the child is not applying as a dependent child under Appendix Child Student, Appendix International Sportsperson, Appendix Short-term Student (English language), Appendix Student, and Appendix UK Ancestry.
Introduction of Appendix Tuberculosis (TB)
As well as improving clarity, Appendix Tuberculosis will make some substantive changes:
The exception currently in C39 for applicants who ‘are applying for entry clearance as in A39 in a country in Appendix T but have not been in that country or any other country mentioned in Appendix T for more than six months immediately before making their application’ will not be in Appendix TB.
TB2 instead states that ‘A valid TB certificate is required if the applicant has been continuously present in a country or countries listed at TB6 for 6 months or more, ====> which includes a period (of any length) within the 6 months before the date of application.’ <====
TB3 adds that ‘A TB certificate is only valid if it […] was issued within the 6-month period immediately before the date of application’.
TB4 adds that ‘A person may be required to provide ===> a new valid TB certificate <=== before the application for entry clearance is granted, if: (a) the TB certificate provided with their application expired more than 6 months before the date on which the application is considered; and (b) the applicant otherwise meets the requirements to be granted entry clearance’, which may impact applicants whose applications have long been pending with the Home Office and whose TB certificates thus expire more than 6 months before the application is considered.
TB5 provides discretion for the decision-maker, who ‘may waive the requirement to provide a valid TB certificate if they are satisfied that the applicant is unable to obtain a certificate and it is reasonable to waive the requirement on the specific facts of the case.’
Introduction of Appendix Returning Resident
Settlement lapses after a person who previously had settlement in the UK under the EUSS after a continuous period of absence from the UK of more than 5 years, and more than 4 years if the person was granted settlement under the EUSS as a Swiss national or family member of a Swiss national
‘A Returning Resident cannot bring or be joined by a partner or children on this route.’
Appendix Returning Resident will add the following:
Under RR 4.1, an applicant will be required to show that they ‘genuinely intend to return to the UK for the purpose of settlement’, as opposed to the present requirement in paragraph 19 of Part 1 that the applicant ‘can demonstrate he…intends to make the United Kingdom his permanent home’.
Appendix English Language
The introduction of Appendix English Language will be updated to reflect the position that it no longer applies to applications under Appendix Temporary Work – International Agreement, and to state that it applies to applications under Appendix Child staying with or joining a Non-Parent Relative (Protection).
Paragraph EL 2.3 will be updated to allow applicants to use their GCSE, A level, Scottish National Qualification at level 4 or 5 or Scottish Higher or Advanced Higher in English (language or literature) to meet the English language requirement for:
-entry clearance or permission to stay on the Innovator Founder route;
-applications to settle as an International Sportsperson,
-entry clearance, permission to stay or settlement on the Representative of an Overseas Business route;
-entry clearance or permission to stay on the T2 Minister of Religion route;
-settlement on the UK Ancestry route;
-settlement on the Global Talent route;
-settlement on the Domestic Workers in a Private Household route;
-settlement on Hong Kong British National (Overseas) route; and
-settlement on the Appendix Child Staying with or joining a NonParent Relative (Protection) route.
Miscellaneous Changes
The removal of the requirement for “a current Appointment Report from Companies House” in paragraph 9(b)(vi) of Appendix FM-SE” for income from employment and/or shares in a specified limited company because “the Companies House Direct (CHD) and WebCHeck services that provide the Current Appointment report are closing on 30 November 2023.”
Minor update to Appendix Finance to clarify that Short-Term Students (English language) can rely on funds in the account of a parent or legal guardian.
Changes Taking Effect on 5 October 2023, with transitional provisions
Public funds
The following public funds will be removed from the list:
a council tax benefit under Part VII of the Social Security Contribution and Benefits Act 1992;
a social fund payment under Part VIII of the Social Security Contribution and Benefits Act 1992; and
a council tax benefit under Part VII of the Social Security Contribution and Benefits (Northern Ireland) Act 1992.
The following public funds will be added to the list:
‘(c) a Social Fund maternity expenses payment made under section 138(1)(a) of the Social Security Contributions and Benefits Act 1992; a Social Fund funeral expenses payment made under section 138(1)(a) of that Act; a Social Fund cold weather payment made under section 138(2) of that Act; a Social Fund winter fuel payment made under section 138(2) of that Act; a Social Fund budgeting loan payment made under section 138(1) of that Act;
…
(e) a Social Fund sure start maternity grant payment made under section 134(1)(a) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; a Social Fund funeral expenses payment made under section 134(1)(a) of that Act; a Social Fund cold weather payment made under section 134(2) of that Act; a Social Fund winter fuel payment made under section 134 (2) of that Act; a Social Fund budgeting loan payment made under section 134 (1)(b) of that Act; and
…
(l) a Child Disability Payment made under the Disability Assistance for Children and Young People (Scotland) Regulations 2021; and (m)an Adult Disability Payment made under the Disability Assistance for Working Age People (Scotland) Regulations 2022; and
(n) a Carer’s Allowance Supplement made under Section 81 of the Social Security (Scotland) Act 2018; and
(o) a Scottish Child Payment made under the Scottish Child Payment Regulations 2020; and
(p) a Funeral Support Payment made under the Funeral Expense Assistance (Scotland) Regulations 2019; and
(q) a Job Start Payment made under section 2 of the Employment and Training Act 1973; and
(r) Child Winter Heating Assistance made under the Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020; and
(s) a Winter Heating Payment made under the Winter Heating Assistance (Low Income) (Scotland) Regulations 2023.”
Part 7 – Long residence
The Rules are being changed to clarify that the exclusion of time spent ‘on immigration bail, as a visitor, short-term student, or seasonal worker ‘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’ (per §7.10 Explanatory Memorandum) by substituting for paragraph 276A(b):
‘(b) “lawful residence” means residence which is continuous residence pursuant to:
(i) existing leave to enter or remain, except this cannot include time with entry clearance or permission under Appendix V: Visitor, Appendix Short-term Student (English language), or Appendix Temporary work – Seasonal Worker, or any relevant predecessor routes; or
(ii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.
(c) “lawful residence” does not include time spent on immigration bail, temporary admission, or temporary release.’
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