Changes to the Immigration Rules 14 May 2020
Changes have been made to the following categories:-
- Changes to the EU Settlement Scheme (EUSS) –
The EEA National term will include Swiss Nationals and will not be referred separately. Family members of people in Northern Ireland will be allowed to apply for EUSS, no matter whether they hold British Citizenship or not. This immigration status will be available to all people in Northern Ireland.
Domestic Violence victims will be able to apply under the EUSS, the changes will mean that any family member - a spouse, civil partner, durable partner, child, dependent parent or dependent relative - family relationship with a relevant EEA citizen (or with a qualifying British citizen) has broken down permanently as a result of domestic violence or abuse will have a continued right of residence where this is warranted by domestic violence or abuse against them or another family member.
To refer to scope for a EUSS application made on a paper application form to be submitted by e-mail rather than by post, where a Home Office e-mail address is specified on the form
- Changes to the Start-up and Innovator categories
Some clarifications are being made to this category. The only relevant change to the category is that the policy will allow applicants to change their business venture, is being added to the Immigration Rules. Applicants may change business venture, providing their endorsing body is satisfied the new venture meets all of the criteria for endorsement of the applicant. The applicant does not need to obtain a fresh endorsement or make a fresh application.
- Appendix W – all categories
Changes made to students being sponsored by a Government or international scholarship agency, to obtain written consent from the relevant organisation. This will apply for all applications for leave to remain or entry clearance.
- The representative of an Overseas Business
An amendment is being made to prevent an overseas business sending a representative to facilitate their entry to the UK when there is no genuine intention for them to establish a branch or subsidiary in the UK;
Clarification is being added to reflect that overseas businesses must be active and trading and intend to maintain their principal place of business outside the UK;
An amendment is being made to reflect that applicants must have the skills, experience, knowledge and authority to represent the overseas business in the UK;
Clarification is being added to reflect that applicants must be senior employees and cannot engage in their own business or represent any other business in the UK;
An amendment is being made to reflect that the ownership of overseas businesses is not limited to businesses that issue shares;
An amendment is being made to prevent majority owners from entering as the dependent spouse, civil partner, unmarried or same-sex partner of a representative of their own business. This will prevent owners from circumventing the rules intended to prevent them from relocating their business to the UK under this route.
An amendment is being made to the extension criteria to clarify that the branch or subsidiary must have been established in the UK.
- Changes relating to family life
A technical amendment to clarify that leave as a fiancé(e) or proposed civil partner is to enable the marriage or civil partnership to take place in the UK.
Clarification that the spent period at the leave to remain stage for applicants under the family rules who have been convicted and sentenced to a period of imprisonment for a period between 12 months to four years is 10 years. This is to coincide with spent periods that are stipulated at the entry clearance and indefinite leave to remain stages respectively.
To include provisions for 10 different accounting organisations where membership enables the accountant to provide evidence under the rules. Four of the organisations are members of a UK supervisory body. The other six organisations are not but have previously satisfied the requirements for suitable supervision of their member accountants. The current Appendix FM-SE is more prescriptive than the rules set out in appendix A, as it limits accountancy bodies to the UK Supervisory Body and currently only allows an exception of the Institute of Financial Accountants. This change has been made to incorporate the other five organisations.
- European Union (Withdrawal) Act/Withdrawal of the United Kingdom from the European Union
The European Union (Withdrawal) Act 2020 will be a separate document and relates to the withdrawal of the United Kingdom from the European Union and supports the implementation of the EU Settlement Scheme.
You can read a detailed statement of changes here
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