New Statement of Changes
in Immigration Rules
published
12 December 2023
On 7 December 2023, the government published a Statement of Changes to the Immigration Rules. The changes will come into effect on various dates between 7 December 2023 and 31 January 2024.
According to the statement’s Explanatory Memorandum, the changes being made include “changes to the EU Settlement Scheme and to travel document requirements for school groups visiting the UK from France. The Youth Mobility Scheme has also been updated to reflect changes and enhancements to the arrangements in place between the UK and specific countries. Three new Appendices to the Rules have also been introduced: Appendix Bereaved Partner and Appendix Statelessness which replace existing provisions and Appendix Victims of Domestic Abuse which introduces an out of country settlement route for victims of transnational marriage abandonment.”
Smith Stone Walters has summarised below the key points set out in the statement.
Changes to the Visitor Rules
As set out in the Spring Budget 2023, the government is amending the list of permitted business activities that can be undertaken by individuals on a UK visit visa, including by:
- Removing the restriction on visitors working directly with clients in an intra-corporate context (subject to the activity being incidental to their employment abroad and to the delivery of a wider project by the UK branch of their overseas employer).
- Naming remote work as a permitted activity, providing this is not the primary purpose of the visit.
- Expanding the permitted activities for legal professionals.
- Allowing scientists, researchers and academics to conduct research in the UK as part of their visit.
- Allowing pilots and cabin crew members to travel to the UK as part of a Civil Aviation Authority approved wet leasing agreement between the months of March and October.
The government is also reforming Permitted Paid Engagements (PPEs), by including speaking at conferences in the list of permitted engagements. The provisions of the Permitted Paid Engagement Visitor route are also being incorporated into the Standard Visitor route. This means all visitors will be able to undertake PPE without the need for a special visa. However, visitors intending to undertake PPE must still have arranged their PPE activity prior to travel to the UK, and this must be undertaken within 30 days of arrival in the UK as a Visitor.
Introduction of new Appendix Statelessness
Appendix Statelessness replaces existing provisions for Stateless Persons in Part 14 of the Immigration Rules.
From 16 January 2024, a partner or child will no longer be eligible to apply for permission as a dependant under the stateless route, but will instead need to meet the requirements to come to, or stay in, the UK as a partner or child of a stateless person under the family rules in Appendix FM.
The existing provisions in Appendix FM have been amended to allow a Stateless person to sponsor a partner and dependent child. Those applying under Appendix FM will need to pay the application fee, or be granted a fee waiver, as well as meet the relevant partner or child requirements.
A person who already has permission as a partner or child of a stateless person under the current Stateless Immigration Rules in Part 14 will be able to continue to extend their permission or stay in the UK under those provisions.
Other changes allow Stateless applicants to combine time on other routes that allow an applicant to qualify for settlement after a 5-year qualifying period. To combine time on other routes the applicant must not have entered the UK illegally and must have had permission on the stateless route for at least 1 year at the date of application for settlement.
Changes to the EU Settlement Scheme (EUSS)
The government is making two main changes where the EUSS is concerned.
Firstly, the government will prevent a valid application to the EUSS as a joining family member being made by an irregular arrival to the UK (which will include small boat arrivals), as well as by an illegal entrant to the UK. This change is being introduced to reinforce the government’s approach to tackling illegal migration.
Secondly, the government will require a person in the UK as a visitor to make any application to the EUSS as a joining family member within three months of their arrival (subject to reasonable grounds for any delay in applying). This is consistent with the temporary protection of rights conferred on them by the Citizens’ Rights Agreements for three months from their arrival in the UK.
Changes to travel document requirements for school groups visiting the UK from France
Changes are being introduced to allow children aged 18 and under, studying at a school in France, to visit the UK on an organised educational trip without passports or visit visas, as is currently required on all other visits to the UK.
EU, other EEA and Swiss national children aged 18 and under who are resident and studying at a school in France can now use national identity cards instead of passports to visit the UK on an organised school trip. Visa national children will still be required to travel on their passport but will not have to obtain a visit visa.
Introduction of new Appendix Victim of Domestic Abuse
The government is introducing an out of country settlement route for victims of transnational marriage abandonment.
Appendix Victim of Domestic Abuse will allow victims of domestic abuse and their dependants to apply for entry clearance from outside the UK, where they have been abandoned overseas and it is accepted that the abandonment overseas is part of the domestic abuse. The overseas and in country application for settlement as a Victim of Domestic Abuse is subject to a fee waiver based on destitution.
Appendix Victim of Domestic Abuse replaces existing provisions for Victims of Domestic Abuse and their dependent children in Part 8, Appendix FM and Appendix Armed Forces of the Immigration Rules. This will provide a single set of Victim of Domestic Abuse rules for those applying for settlement.
Changes to the Youth Mobility Scheme
Uruguay is being added to the list of countries and territories participating in the Youth Mobility Scheme (YMS), after the UK government negotiated a YMS arrangement with the South American country.
Changes are also being made to reflect that the UK’s existing reciprocal, bilateral arrangements with Japan and the Republic of Korea have been enhanced. As a result, the total number of allocated places for nationals of these countries who can travel to the UK and vice versa under the YMS will increase.
For nationals of the Republic of Korea, the age range is also being expanded from 18-30 to 18-35. The requirement to obtain an invitation to apply for Japanese and South Korean citizens is being removed.
Speak to an immigration expert
If you have any questions about the points set out in the statement and how these changes may impact your business or employees, Smith Stone Walters can help. To speak to a qualified immigration advisor, please contact us today.
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