September 2023 UK Statement of Immigration Rule Changes
The UK government has announced further immigration rule changes. These will affect individual visa applicants as well as UK businesses with sponsor licences.
The rule changes are contained in Statement of Changes HC 1780. This was published on 7 September 2023 and was supplemented by a memorandum and statement from the government.
In this article, our immigration solicitors look at the key changes.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Key immigration rule changes
The latest statement of changes runs to 66 pages. Only immigration solicitors need to be concerned with the very technical changes (we are still poring over them) but here are the key areas where changes are being made:
- Administrative review changes
- Access to public funds
- EU Settlement Scheme
- The Youth Mobility Scheme
- The skilled worker visa – addition of prison officers
- Electronic Travel Authorisation (ETA)
- Appendix Children
Changes to administrative reviews
The right to ask for an administrative review of decisions relating to the EU Settlement Scheme, the EUSS family permit, and the health care visitor visa will be stopped. Applicants can still appeal against EU Settlement Scheme decisions provided they meet the criteria.
Access to public funds
The government has added to the list of state benefits and public funds that cannot be accessed by a person who has no recourse to public funds.
EU Settlement Scheme changes
If a person has secured limited leave under Appendix EU as a dependent parent or child, evidence of dependency does not need to be provided in subsequent applications.
The Youth Mobility Scheme
The age limit for Youth Mobility Scheme applications from nationals of Australia and Canada is to be increased from 30 to 35 years. In addition, their period of stay is increased to 3 years.
Andorra is to join the Youth Mobility Scheme as a participating country.
The skilled worker visa
Prison officers are to be added as an occupation with a standard occupational classification code so UK employers can sponsor them to come to the UK on a skilled worker visa.
Electronic Travel Authorisation (ETA)
A new ETA scheme will be phased in and will eventually apply to anyone travelling to the UK who currently does not require a visa for a short UK stay.
The plan is that the ETA scheme will progress through countries being added to the ETA scheme. For example:
- Qatar residents travelling to the UK will require an ETA from November 2023
- Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates residents travelling to the UK will require an ETA from February 2024
Additional countries will continue to be added to the ETA scheme.
NHS debt as a reason to refuse an application for an ETA is being removed as checks cannot be made in advance of travel. However, UK entry could be refused by a border official if NHS debt is discovered during arrival checks.
Appendix Children
The government is introducing an extra appendix to the immigration rules to cover applications made by children as the main applicant or as a dependent. Over recent years the government has introduced specific appendixes to try and help applicants and their immigration solicitors navigate what was (and remains) a very complex immigration system.
How can OTS Solicitors help with your immigration law requirements
The latest statement of changes emphasises that immigration rules change and you or your immigration solicitors need to keep on top of the rule changes. Our specialist individual immigration and business immigration lawyers are experts in their fields and can help you navigate the complex UK immigration system.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
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