An updated statement of modifications to the Immigration Rules (HC 719) has been released by the Home Office. The explanatory memorandum confirms that the adjustments are primarily concentrated on implementing recently enacted policy changes as well as the government’s ongoing attempts to simplify the rules. Unless otherwise specified, most of the modifications go into effect on November 9, 2022.
Most importantly, the Nationality and Borders Act 2022 of the government makes it plain that those who have been shown to be victims of human trafficking or slavery are entitled for a temporary visa to remain in the UK. To support this, the statement of modifications adds a new Appendix titled Temporary Permission to Stay for Victims of Human Trafficking or Slavery. These will go into effect on January 30, 2023.
Poultry Industry Inclusion in The Route for Seasonal Workers
As at 4 p.m. on October 18, 2022, only this change will have gone live. Pork butchers are permitted to enter the UK as Seasonal Workers for up to six months because of the statement of modifications HC 803, which took effect on 1 November 2021. All positions in the poultry production industry are now covered by the route, making it possible for seasonal employees in the industry to enter the UK and work there from October 18 through December 31 every year. To ensure that anyone following the route would be able to apply to switch to a skilled worker visa if they desired, there is a wage threshold of at least £25,600.
Afghan Relocations and Assistance Policy, Appendix
The rules have now been updated to include this method, and they will go into force on November 30, 2022. It is accessible to Afghan nationals and their dependant family members who want to settle abroad or relocate if they are currently living in the UK (if they are inside the UK). The guidelines make it clear that there are two stages to the application process. First, in accordance with ARAP 4.1, the Ministry of Defence decides whether an Afghan relocation and assistance application is eligible. Then, in accordance with ARAP 5, a request for entrance clearance or settlement is made.
The ex-gratia plan, which aided people who worked with or alongside UK government departments in Afghanistan, has since been removed from the policy. After November 30, 2022, the relocation and assistance policy will be the only option left.
To confirm that applicants under the route do not have a right to administrative review, Appendix Administrative Review has been revised.
Appendix Hong Kong British National Updates (Overseas)
As a result of the government’s kind declaration in February, Appendix Hong Kong British National (Overseas) (HK BN(O)) has been revised to include a broad clause that permits kids of BN(O) status holders to independently apply for the BN(O) route. In other words, without needing to apply simultaneously with them or be a resident of their parent’s household. The new policy will be in place as of November 30, 2022.
The Home Office Expresses Interest in Commerce, Diplomacy, And Travel
Colombia, Guyana, and Peru are no longer on the list of nations whose citizens require a visa to enter the UK. According to the Home Office, the likelihood of criminal activity and illegal immigration from these nations has steadily decreased over the past five years. The Home Office notes in its explanation that non-visa national status could have important knock-on effects for the UK in terms of trade, relations with other countries, and tourism.
To reflect the commitments the UK made in recent trade agreements, a new regulation has also been added to the Global Business Mobility routes. According to paragraph 18, citizens of Australia and New Zealand are now eligible to apply through the Service Supplier route if the services they offer are covered by the respective countries’ free trade agreements. The Service Supplier route will allow Australian citizens and permanent residents to remain for periods of up to 12 months at a time while delivering services under the FTA with Australia.
Simplifying Part 9: Entry Clearance and Travel Restrictions
In the past, the Immigration Act of 1971 was the only piece of fundamental law that allowed for the denial of petitions from those who were subject to travel restrictions, also known as immigration sanctions.
However, entry permission is not included in the 1971 Act. Therefore, entry permission must be revoked on the grounds that a person’s presence in the UK is detrimental to the general welfare. However, non-conducive behaviour involves a wide range of variables, and evaluations can be difficult and time-consuming. The procedure has been made simpler because of the amendment in Part 9: grounds for denial. Caseworkers can now put into force travel restrictions set by the UK government or the UN Security Council.
Regarding entry clearance, Rule 24 outlines the penalty for arriving in the UK without the necessary entry clearance as an obligatory denial of entry. This occurs once again in Part 9. However, persons in need of humanitarian protection are allowed into the UK but are later imprisoned or given bail while an application is being considered. Then a decision is taken as to whether to give or deny permission to enter.
The repercussions of arriving in the UK without the necessary current entry clearance have finally been made obvious. Several parts have changed the meaning of “visa nationals.”
Other Adjustments
The temporary work – creative worker route is no longer open to those with a basic visitor visa or an approved paid engagement route.
To complete electives with a UK higher education provider that are unpaid and do not entail patient care, midwifery students can now apply for a visiting visa. However, it is difficult to predict how many visas may be awarded because of this modification.
In case you missed it, the Home Office stated this summer that, starting on August 4, 2022, it will no longer require people of certain nationalities to register with the police. Finally, the clauses have been eliminated from the pertinent sections of Part 10 and Appendix 2 of the rules.
Other recent revisions are also included in the Appendix Continuous Residence amendments. Appendix Settlement Family Life and Appendix Private Life went into effect on June 20, 2022. If you were convicted of a crime and received a sentence of less than 12 months in jail, you cannot be eligible for settlement until you have served a qualifying period of 10 years and have lived in your current home for 5 years. An individual’s continuous residence during their 10-year qualifying term will not be broken by a period of detention lasting 12 months or less, according to the most recent revision of Appendix Continuous Residence. It does not, however, contribute toward their time of continuous residence.
Written by:
Tahir Shahab Khan
Managing Director