Changes to Appendix EU visa route

The Home Office has recently published its latest changes to the UK’s Immigration Rules. The statement introduces changes to the EU visa route, which can affect future visa applications and their eligibility requirements.

The Home Office has provided clarifications in the newly published Statement of Changes to the EU Settlement Scheme (EUSS). The EUSS is a scheme, which was introduced to allow EU citizens and their families to apply to remain in the UK after it leaves the EU.

In particular, the Home Office has provided clarification for durable (or unmarried) partners of EU/EEA/Swiss nationals. They can only apply where they had another lawful basis for staying in the UK before 31 December 2020.

The current Zambrano concessions for primary carers of British citizens has also now been included in Appendix EU. This means they can rely on this special status even if they arrive in the UK with an EUSS Family Permit. Other more specific visa routes that were available in the context of EU migration before Brexit have also been included in the appendix.

There has also been a change to the right to administrative review, which is a formal request that the Home Office reconsider an immigration decision where it is believed they made a mistake. However, one must be eligible to request a review. Changes to Appendix AR (EU) confirm that where a person is refused on both eligibility and suitability grounds, there is no right to administrative review, but there is a right of appeal against the refusal.

Further, an administrative review under Appendix AR (EU) will be withdrawn where another application is made under the EUSS, for an EUSS Family Permit, or as an S2 healthcare visitor or Service Provider from Switzerland.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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