Statement of changes of the immigration rules HC 1780

A new statement of changes has been published along with the explanatory memorandum and a written statement from the immigration minister. The biggest change is the removal of administrative review from decisions made under the EU Settlement Scheme.

Below we summarise the main changes. The vast majority of changes take effect on 5 October 2023, with some changes to the Youth Mobility Scheme only taking effect from 31 January 2024.

Administrative review removed for the EU Settlement Scheme and the EUSS family permit

Changes are being made to Appendix AR and Appendix AR(EU) to remove the right of administrative review for all decisions where it currently applies for the EU Settlement Scheme and the EUSS family permit. No changes have been made to the ability to appeal EU Settlement Scheme decisions, in line with the Citizens’ Rights Agreement.

Appendix EU – amendments regarding dependency

Appendix EU is also being amended in line with the existing policy position that where limited leave has already been granted under Appendix EU to a dependent parent or child, then dependency does not need to be evidenced again in further applications.

Appendix FM – for the Adult Dependent Relative visa

The relationship requirements for leave to remain as a child have been amended so that those with leave as an adult dependent relative are no longer excluded from bringing a child to the UK. This will perhaps be of limited use in practice.

Youth mobility scheme visa

For Australia and Canada the upper age limit is being extended from 30 to 35 years old and the period of leave granted increased from two to three years. Andorra is being added to the list of countries participating in the scheme.

Long residence under the 10-year basis

The definition of ‘lawful residence’ was changed in April 2023 to exclude time spent on immigration bail, as a visitor, short-term student or seasonal worker. Paragraph 276A(b) of the rules is being amended to clarify that legal long residence includes time spent on previous versions (pre-April 2023) of these routes or temporary admission or release.

General grounds for refusal

The ten year re-entry ban for those deported from the UK at public expense has been removed.

The ban, however, remains in place for those removed at public expense. This is to bring the rules in line with part 13 of the immigration rules which was changed earlier this year to remove the minimum period for maintenance of a deportation order.

Skilled worker visa

The job positions of prison officers are being made eligible for this route and will be added to Appendix Skilled Occupations.

Other changes in the immigration rules

Appendix Finance is being amended to clarify that short term students (English language) can rely on funds in the account of their parent or legal guardian.

The seasonal worker route has been amended to clarify the minimum 32 hours pay per week requirement for those working in horticulture and seasonal poultry workers.

Posted on Sep 07, 2023.

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