Even More Changes to the UK’s Immigration Rules!

By Paul Richmond - Managing Partner

08 Dec 2023

Hot off the back of the Home Secretary’s announcement regarding changes to the Skilled Worker minimum salary threshold, modifications to the Shortage Occupation List, adjustments to dependant visas, and a review of the Graduate visa route, in its latest Statement of Changes to the Immigration Rules (HC246), published on 7 December 2023, the Home Office has announced various changes to a number of UK immigration routes, as well as the introduction of several new appendices to the Immigration Rules. In this post we highlight some of the key changes to the Immigration Rules that applicants should be aware of, including:

• A requirement that joining family members submit any application to the EU Settlement Scheme within 3 months of arrival;
• A change to the right to work conditions for Visitors to allow visitors to the UK to work remotely while in the UK, provided this is not the primary purpose of their visit;
• Merging of the Permitted Paid Engagement Visitor route into the Standard Visitor route, meaning that all visitors can undertake Permitted Paid Engagements;
• The addition of Uruguay to the Youth Mobility Scheme, together with a simplified YMS application process for Japanese and South Korean Citizens;
• The introduction of Appendix Bereaved Partner, Appendix Victim of Domestic Abuse and Appendix Statelessness.

The changes set out below will come into effect on either 16 January 2024 or 31 January 2024, as indicated.

Changes to the EU Settlement Scheme (EUSS) 

The EUSS enables EU, other European Economic Area and Swiss citizens living in the UK by the end of the transition period on 31 December 2020, and their familymembers, to obtain the UK immigration status they need to continue living in the UK.

The key changes being introduced in respect of the Immigration Rules for the EUSS in Appendix EU are as follows:

• Preventing Applications from Irregular Arrivals: To reinforce the government’s commitment to tackling illegal migration, changes are being made to prevent valid EUSS applications from being submitted by irregular arrivals, including those arriving via small boats. 
• Timely Applications for Joining Family Members: Individuals in the UK as visitors will be required to submit their application to the EUSS as a joining family member within three months of their arrival. 
• Curtailing Limited Leave Under EUSS: The revised rules will empower the Home Office to curtail limited leave to enter or remain granted under the EUSS, provided there are grounds for proportionality. This measure, subject to the right of appeal, will allow for curtailment when individuals never met the requirements of Appendix EU.

These changes to the EUSS will take effect on 16 January 2024. 

Changes to the Visitor Rules

The key changes in respect of the Immigration Rules for Visitors that are being introduced are as follows:

• Permitted Intra-Corporate Activities: The government is removing the prohibition on working directly with clients for intra-corporate activities. However, a new requirement is being introduced – client-facing activity must be incidental to the visitor’s employment abroad and should not amount to the offshoring of a project or service to their overseas employer.
• Remote Working Permission: Visitors will now be permitted to work remotely while in the UK, but with a crucial caveat – remote working must not be the primary purpose of their visit. This change reflects the growing trend of flexible work arrangements and acknowledges the importance of adaptability in the modern workplace.
• Aviation Industry: Flight crew members will be allowed to come to the UK as part of a Civil Aviation Authority-approved wet lease arrangement between March and October. This adjustment formalises an existing concession outside the rules, bringing it into the Visitor rules.
• Enhanced Opportunities for Scientists, Researchers, and Academics: Scientists, researchers, and academics will have expanded opportunities to conduct research in the UK during their visit. Previously limited to independent research, scientists and researchers, as well as academics, will now be permitted to engage in research activities beyond their individual purposes. Notably, these changes do not apply to academics applying for a 12-month visit visa or those seeking to extend their permission from within the UK.
• Legal Professionals: The scope of permitted activities for legal professionals is being expanded, offering them greater flexibility during their visits to the UK.
• Paid Engagements for Conference Speakers: Conference speakers will now be able to be remunerated for their participation, as this is being included in the list of Permitted Paid Engagements (PPE). This change acknowledges the valuable contributions of speakers and ensures fair compensation for their time and expertise.
• Consolidation of Permitted Paid Engagement Visitor Route: The provisions of the Permitted Paid Engagement Visitor route are being merged into the Standard Visitor route. This means that all visitors, without the need for a special visa, will be able to undertake Permitted Paid Engagements. However, it’s crucial to note that individuals intending to participate in a PPE must have arranged their activities before travelling to the UK and complete them within 30 days of arrival.

These changes will take effect on 31 January 2024. 

Changes to the Youth Mobility Scheme

The key changes being introduced in respect of the Youth Mobility Scheme are as follows:

• Addition of Uruguay: The UK is adding Uruguay to the list of countries participating in the Youth Mobility Scheme. As a result, up to 500 Uruguayan citizens will now have the chance to explore the UK through the YMS each year.
• Enhancements with Japan and the Republic of Korea: The total number of allocated places for nationals of Japan and the Republic of Korea participating in the YMS is being increased to 6,000 and 5,000 respectively. Notably, the age range for nationals of the Republic of Korea is also being expanded from 18-30 to 18-35, offering a broader window for participation in the scheme.
• Simplified Application Process for Japanese and South Korean Citizens: In a move to streamline the Youth Mobility Scheme for Japanese and South Korean citizens, the requirement to obtain an invitation to apply is also being removed. 

These changes will take effect on 31 January 2024. 

Introduction of new Appendix Bereaved Partner

The newly introduced Appendix Bereaved Partner will take the place of existing provisions for bereaved partners and their dependent children found in Part 8, Appendix FM, and Appendix Armed Forces of the Immigration Rules. 

The key changes to previous provisions in the Immigration Rules are: 

• Incorporating Dependent Children: Appendix Bereaved Partner will include provisions for dependent children of Bereaved Partners. This adjustment aims to provide a more holistic and supportive approach, recognising the interconnected nature of family units affected by bereavement.
• Application of General Grounds for Refusal: In a move towards standardisation, the general grounds for refusal outlined in Part 9 of the rules will now also applied to the Bereaved Partner route. 
• Exclusions for Gurkhas and Hong Kong Veterans: While Appendix Bereaved Partner will cover a broad spectrum of cases, it’s important to note that provisions for Bereaved Partners of Gurkhas or Hong Kong Veterans discharged before 1 July 1997 will not be included. Instead, these specific cases are addressed in Appendix Gurkhas and Hong Kong military unit veterans discharged before 1 July 1997.

These changes will take effect on 31 January 2024. 

Introduction of new Appendix Victim of Domestic Abuse 

Appendix Victim of Domestic Abuse will replace existing provisions for Victims ofDomestic Abuse and their dependent children in Part 8, Appendix FM and Appendix Armed Forces of the Immigration Rules.

The key changes to previous provisions in the Immigration Rules are: 

• Entry Clearance for Victims Abandoned Overseas: Appendix Victim of Domestic Abuse will allow victims of domestic abuse and their dependents to apply for entry clearance from outside the UK. This is particularly crucial for individuals who have been abandoned overseas as part of the domestic abuse they have endured.
• Fee Waiver for Settlement Applications: For both overseas and in-country settlement applications as a Victim of Domestic Abuse, a fee waiver will be  available based on destitution.
• Expanded Eligibility for Settlement: Individuals who were last granted permission as a partner under Appendix FM, Part 11, or Appendix Family Reunion (Protection) of a person with permission as a refugee will now be eligible to apply for settlement as a Victim of Domestic Abuse.
• Inclusion of Dependent Children: Provisions for dependent children of victims of domestic abuse will be incorporated within Appendix Victim of Domestic Abuse. 
• Application of General Grounds for Refusal: The general grounds for refusal outlined in Part 9 of the rules will be applied to the Victim of Domestic Abuse route. 

These changes will take effect on 31 January 2024. 

Introduction of new Appendix Statelessness 

Appendix Statelessness will replace existing provisions for Stateless Persons in Part 14 of the Immigration Rules.

Changes are being introduced which affect partners and children of a Stateless Person, including: 

• Alternative Routes for Partners and Children: Effective from 16 January 2024, partners and children will no longer be able to apply for entry clearance, permission to stay, or settlement under Appendix Stateless. Instead, partners or children of Stateless Persons who are not stateless themselves or are residing overseas will be able to apply to come to or stay in the UK under the family provisions in Appendix FM. Amendments to Appendix FM will allow a Stateless person to sponsor a partner and dependent child. Applicants under Appendix FM will need to meet the relevant partner or child requirements and pay the application fee unless granted a fee waiver.
• Continued Permission for Current Partners and Children: Partners or children who currently have permission under Part 14: Stateless Persons will continue to have the option to extend their permission or settle in the UK under those provisions. 
• Combining Time on Other Routes: Additional changes will permit Stateless applicants to combine time spent on other routes that qualify for settlement after a 5-year qualifying period. To be eligible, the applicant must have entered the UK legally and held permission on the stateless route for at least 1 year at the time of applying for settlement.

These changes will take effect on 31 January 2024. 

Contact our Immigration Barristers

In this post we have highlighted some of the key changes to the Immigration Rules introduced by Statement of Changes to the Immigration Rules (HC246), published on 7 December 2023.  

For expert advice in relation to a UK visa application or immigration appeal, contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.