Yesterday the Government provided a new statement of changes in relation to amendments to some of the Immigration Rules, which will come into force on 6 April 2020.
The main changes were in relation to the EU Settlement Scheme. Here is a brief summary of the changes announced:
EU Settlement Scheme (“EUSS”)
- References to a no-deal Brexit have now been removed.
- The EUSS has been extended to those who hold a relevant document issued under the Immigration (European Economic Area) Regulations 2016 as an extended family member on the basis that:
- They are a child under the age of 18 who is subject to a non-adoptive legal guardianship order in favour of an EEA citizen;
- They are the relative of the spouse or civil partner of an EEA citizen; or
- They are a child under the age of 18 of the durable partner of an EEA citizen.
- The eligibility criteria for family members of British citizens (Surinder Singh cases) need to be satisfied before the end of transition period on 31 December 2020 and immediately before the British citizen and family member return to UK.
- Durable partners and dependent relatives applying to the EUSS may rely on expired documents issued under the 2016 EEA Regulations but only where they had applied for a further residence document under the 2016 Regulations based on the same family relationship and that further document was issued after the first had expired.
- If an individual has an application for a residence document under the 2016 Regulations outstanding at the end of the transition period, that individual can rely on that document (if issued to them) in applying to the EUSS.
- Leave to enter granted by virtue of having arrived with an entry clearance granted under Appendix EU (Family Permit) can now be cancelled where there has been a material change in circumstances since the family permit was granted. A cancellation decision on those grounds can be challenged by way of Administrative Review.
A few further changes were made to the Points Based System, as follows:
Tier 2
- The salary threshold in the eligibility criteria for indefinite leave to remain under Tier 2 will not increase annually following the recommendation of the Migration Advisory Committee. As a result, it will remain at £35,800 for all applications, until further notice.
- Archaeology jobs fitting SOC 2114 – Social and Humanities’ Scientists – are now in the UK-wide shortage occupation list.
Tier 5 (Youth Mobility Scheme)
- This year’s allocation and the number of places available will be updated;
- Hong Kong will be added to the list of ‘Invitations to apply arrangements’. Hong Kong allocates its places on a ballot scheme, but had previously been missed off the list of participating countries.
Gherson has a wealth of experience in dealing with all UK visa and immigration matters including the Home Office’s EU Settlement Scheme and the Tier 2 category. If you think you may be affected by any of the changes that will come into effect on 6 April 2020, please do not hesitate to contact us.
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 don’t 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.
©Gherson 2020
Consultant and trainee solicitor in our Corporate Team