18th Oct 2022 changes made to the Immigration Policies

As we drew close to the end of 2022, some of the changes in the immigration rules and policies are coming into effect.

Those changes announced on the 18^th Oct 2022 will come into force by 31^st December 2022, however some changes are now enforced. Let’s explore some of the legal changes announced:

Appendix Afghan Relocations and Assistance Policy (ARAP)

The process application under this route is now being simplified & the Ministry of Defense will make the initial assessment of those who may be able to qualify under this route, who can then make the application. 

Temporary Permission to Stay for Victims of Human Trafficking or Slavery

The introduction of this immigration route would allow a migrant to make an application on the basis of them being a victim of human trafficking or slavery. The policy is set out fully under section 65(2)(a) to (c) of the Nationality and Borders Act 2002. 

As part of the UKVI’s consideration, leave would be granted for a temporary period of stay in the UK however consideration would be taken on whether the person can be protected outside of the UK. 

Seasonal worker route 

The visa route is being expanded to allow low-skilled migrants to come and work within the sector. 

Travel bans for the UK

The UKVI has now introduced a strong policy for those given travel bans for the UK. The policy is set out in the primary legislation which is the Immigration Act 1971 and in doing so, given greater powers to cancel visas for those who had been banned from entering the UK. 

A visa to the UK can be cancelled under a person’s presence in the UK is conducive to the public good. There will be introductions of legal remedy and the rule of law must be followed where possible. 

Changes to the Ukraine Extension Scheme

The immigration policies related to Ukraine nationals extending their leave are being extended until 16^thNovember 2023.

The Ukraine Extension Scheme allows a Ukraine national and their family members to extend their leave to remain in the UK following an initial grant of stay. 

Those who have been granted leave to remain outside the immigration rules, would be asked to extend the leave to remain and apply under the correct immigration route so that they can extend their visa in the UK. 

Changes to grant non-visa national status to Colombia, Guyana and Peru

As the UK improves their ties between those nations, which includes trade, diplomatic relations and tourism, those nationals can come to the UK and visit without the need to apply for a UK visa.

When entering the UK, there will be no requirements to hold a UK visa and would be asked to satisfy the Immigration Officer at port of entry to the UK. Those with adverse immigration history would be asked to apply for a UK visa. 

Changes to the EU Settlement Scheme (EUSS) and EUSS family permit

As the UK moved away from EU through the Brexit policies, the application route still remains open. The application routes for family members of both EU and British nationals, are still able to make an appropriate visa application. 

The policy of Immigration (European Economic Area) Regulations 2016 is part of the primary consideration of an application under the EUSS application route. 

The following case laws are in consideration when an application under the EUSS are made:

Court of Appeal judgments in Akinsanya and Velaj.

The application of Zambrano (the primary carer of a British citizen), Chen (the primary carer of a self-sufficient EU citizen child) and Ibrahim & Teixeira (a child in education in the UK of an EU citizen former worker in the UK and the child’s primary carer).

Legislation changes.

Changes to endorsement and evidential requirements for the Global Talent category

The Global Talent visa allows talented individuals to come and work in the UK, in their field of expertise. The route is broken down into 2 parts, one being a promise or an established talent. The evidence requirements of those routes are being simplified as a result of this change. 

Support letters are a vital part of the application consideration and the requirements are being amended. The period of 12 months required to demonstrate a more comprehensive analysis of a persons right to make an application and to attract only the talented to the UK market. 

Changes to the Appendix Continuous Residence to reflect recent changes relating to settlement and custodial sentences

Following the introduction of the new immigration routes, those who have been convicted of a criminal offence and have been sentenced to a custodial sentence of less than 12 months, must complete 10 years of residency and more than 5 years post the end of a sentence, to make an application for indefinite leave to remain. 

Policy changes to the Creative Worker visa route

A new change is being applied to the creative worker visa and those intending to work in this industry must apply for a creative worker visa. 

Global Business Mobility visa extensions to Australians and New Zealand nationals

The visa route is being extended to permit to work in the UK for 12 months under the Service Supplier visa route under the Global Business Mobility visa.