Statement of Changes to the Immigration Rules HC 1780

On 7th September 2023 the Home Office published a statement of changes to the Immigration Rules which include a new Appendix Children, enhancements to the Youth Mobility Scheme, changes to Long Residency rules, amendments to the General Grounds of Refusal and additions to the Skilled Worker Route.

A new Appendix Children has been introduced to the rules which will include common requirements for both children applying as dependents of a lead applicant and children applying in their own right. The common requirements relate to age, independent life, care and relationship requirements. Parental consent is required where a child is applying in their own right. The new Appendix will initially apply to over 20 routes.

The Youth Mobility Scheme implements UK international commitments to provide cultural exchange programmes for young people. Existing arrangements with Australia and Canada have been enhanced. The age range will expand from 18-30 to 18-35 and the length of stay will increase from 2 to 3 years. Andorra will also be added to the list of countries participating in the Youth Mobility Scheme.

In April 2023 the definition of ‘lawful residence’ for the purposes of Long Residence was amended to exclude time spent on immigration bail, as a visitor, short-term student, or seasonal worker. The rules will now clarify that this exclusion extends to time spent on previous versions of immigration bail (temporary admission and temporary release) and previous visitor, short-term student visa, or seasonal worker routes. As a result, asylum seekers put on temporary admission are prevented from using the time spent on temporary admission towards the 10 years lawful residency requirement in Long Residence applications.

Part 9 of the Immigration Rules which sets out General Grounds for Refusal has been amended. The reference to a 10-year re-entry ban applying if someone ‘was deported or removed from the UK’ at public expense is removed. The rules no longer specify an amount of time (10 years or otherwise) following which consideration will not be given to applications for entry clearance or permission to enter the UK.

Prison Service Officers are now eligible for the Skilled Worker Route.

BHD’s private immigration departments in London & Croydon offer very competitive rates. If you require advice and assistance on how these changes affect you, please contact our specialist team at BHD Solicitors London.