In an effort to streamline processes and improve clarity, a new statement of changes has been released today. With most of the adjustments focused on the EU Settlement Scheme and travel document requirements for school groups from France visiting the UK, there are also three new appendices.
Let's take a closer look at the key provisions:
1. Insertion of Appendix Victim of Domestic Abuse
The UK immigration rules now include a separate appendix specifically addressing the needs of victims of domestic abuse. These rules will be effective from 31 January 2024. The appendix will replace existing provisions, providing a pathway for individuals in this circumstance to seek protection, support, and potential avenues for regularizing their immigration status in the UK. The changes aim to recognise the unique challenges faced by this vulnerable group and provide more tailored assistance. The new provisions allow victims of domestic abuse to apply for indefinite leave to remain in the UK if they are in the UK as a partner, parent, or child of a British citizen or someone settled in the UK. In situations where it may be unsafe for the victim to disclose their situation to the authorities, concessions have also been made to ensure that those seeking protection are not penalised for non-compliance with the immigration rules. Notably, those who have experienced transnational marriage abandonment will now be included. The general grounds for refusal outlined in Part 9 will apply to this route.
2. Insertion of Appendix Bereaved Partner
Replacing existing provisions in Part 8, Appendix FM, and Appendix Armed Forces, the new appendix introduces a unified set of rules for individuals seeking settlement as bereaved partners. Effective from 31 January 2024, it allows a person to apply for settlement if they were last granted permission as a partner on a specified route and their partner has passed away. The applicant must be in the UK unless they were last granted permission as a partner under Appendix Armed Forces. Dependent children can also apply under this route. There are validity requirements for the application, including payment of the fee, providing biometrics, and submitting necessary identity and nationality documents. The applicant will have to meet suitability requirements, eligibility requirements, entry requirements, immigration status requirements, relationship requirements, and additional requirements for dependent children, such as English language ability and knowledge of life in the UK. Adequate maintenance, accommodation, and funds must be demonstrated, and the decision on the application will result in either grant or refusal. If refused, there is an option for administrative review. The granted settlement will differ based on whether the applicant is inside or outside the UK. The general grounds for refusal in Part 9 will apply.
3. Insertion of Appendix Statelessness
The statelessness rules at Part 14 will be replaced with Appendix Statelessness from 31 January 2024. Dependents must now apply under Appendix FM, which will be modified accordingly. Transitional provisions have been included for those already granted leave in this route before 30 January 2024. Another noteworthy change is that individuals in the statelessness route can now count time spent in other routes (limited to those with a five-year qualifying period for settlement). To avail of this provision, applicants must have entered with leave and held leave in the statelessness route for at least one year before applying.
4. Changes to Appendix Visitor: School trips from France
From 28 December 2023, French school trips will be added to the list of exemptions allowing the use of national identity cards instead of passports when entering the UK via the Channel tunnel. EEA/EU/Swiss children can enter on a national identity card, while others still require passports, but no visit visas will be necessary.
5. EU Settlement Scheme
Effective from 16 January 2024, amendments to Appendix EU will expand the scope of Appendix Returning Resident to include individuals whose settled status has lapsed but wish to return and settle back in the UK. Additionally, irregular arrivals are excluded from applying as joining family members from 9 August 2023 onwards. Visitors to the UK must apply to the EU Settlement Scheme as joining family members within three months of arrival (unless reasonable grounds for delay apply). Furthermore, curtailment of leave provisions in Annex 3, paragraph A3.4 will be extended to those who were granted leave but failed to meet the requirements of the Appendix. Appeals can be made against this decision.
6. Changes to Appendix Visitor
From 31 January 2024, Changes to permitted intro-corporate activities will remove the prohibition on working directly with clients. However, a new requirement stipulates that client-facing activities must be incidental to the visitor's primary employment abroad. Working remotely will be permitted, but it should not be the main purpose of the visit. Scientific researchers and academics can conduct research during their visit, eliminating the need for sabbatical leave. These changes do not apply to academics applying for a 12-month visit visa or extending their leave within the UK. The list of permitted activities for legal professionals will be expanded, and speakers at conferences can now be paid, becoming part of the permitted paid engagements list. All standard visitor visa holders will have the ability to engage in permitted paid engagements, eliminating the need for a separate route.
7. Changes to Appendix AR: administrative review
From 31 January 2024, additional decisions will be eligible for administrative review. These include applications for settlement or entry clearance under Appendix Victim of Domestic Abuse, Appendix Bereaved Partner, Appendix Statelessness, or as the partner or dependent child of a stateless person under Part 14.
8. Youth Mobility Scheme
Effective from 31 January 2024, Uruguay will be added as a participating country in the Youth Mobility Scheme, with the maximum total allocation of places available in 2024 will be 500. Furthermore, the number of allocated places for Japan and South Korea will be increased to 6000 and 5000 respectively, and the requirement for an invitation letter will be removed. The age limit for South Korean citizens will also be extended to 35.
These changes reflect ongoing efforts to simplify immigration processes and better accommodate individuals and groups seeking settlement, as well as visitors to the UK.
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