Statement of Changes 11 October 2018 – A Summary
UK Visas & Immigration released new statement of changes to the immigration rules today. The main purposes of the changes are to:
- Implement the next phase of the roll-out of the EU Settlement Scheme for resident EU citizens and their family members to obtain UK immigration status.
As Britain prepares to leave the EU, post-Brexit steps are being tried and tested, following phase one of the EU pilot scheme being successful, phase two is now being rolled out. The proposed dates for the second phase to run are 1 November 2018 until 21 December 2018.
Phase two of the scheme will be trialed by higher education, health and social care sectors across the UK.
- Introduce a form of leave to remain for those children transferred to the UK as part of the Calais camp clearance to reunite with family between 17 October 2016 and 13 July 2017 and who do not qualify for international protection (i.e. refugee status or humanitarian protection).
As part of the clearance of the Calais camp in October 2016, 769 unaccompanied children claimed asylum on arrival in the UK. Now, after careful consideration, a number of these cases would fall to be refused under existing asylum and immigration rules.
The change in rules should enable those transferred to the UK, between 17 October 2016 and 13 July 2017 as part of the Calais camp clearance in order to reunite with family, and who do not qualify for international protection (i.e. refugee status or humanitarian protection), to remain in the UK long term. The checks around this, such as criminality will remain rigid.
- Support the operation of the new application process in UK Visas and Immigration (UKVI) by amending the Rules on the requirements for a valid application.
With the new application process being rolled out, which is hoped to be a more streamlined and digital friendly interface, there will still be a process for receiving paper forms, where online forms are not yet available.
The Rules changes set out the requirements for making a valid application under the new application process in relation to the applicant making an appointment to attend in person to enroll their biometrics and submitting the required documents in support of their application.
The rules will also cover slight changes to fee waivers, request for passport return/travel outside CTA, evidential requirements and flexibility.
- Specify evidence for medical exemption from Knowledge of Language and/or Life in the UK (KoLL) requirements.
There will be more clarity provided her eon what is expected of someone requesting exemption of meeting these requirements on medical grounds. The change aims to reduce the potential for abuse and exploitation by requiring requests to be supported by a specified type of medical professional.
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Author: Amisha Jethwa