Immigration Rules Changing in Nov 2019

Immigration Rules will change following the announcement of the statement of changes. We know that the Government has delayed Brexit following the announcement of the Dec 2019 elections.

Here is a summary of some of the changes which will take place possibly in January 2020 onward:

1. As part of the new public interest issues, all EEA nationals including their family members will need to meet the new conduct and criminality test, as part of all applications, whether they are lodged as part of the EEA Regulations or the Immigration Law 1971 Act.
2. Permit applications to be lodged by family members of EEA Nationals who hold pre-settled or settled stats under the Immigration Act 1971.
3. There is to be a new point based system to start from January 2021.

The Immigration Rules HC395 has incorporated the new Appendix EU which is the new EEA Settlement Scheme. As the new rules are being enforced, it is the wider simplicity of EEA nationals and their family members to lodge appropriate applications once the UK leaves the European Union.

As the Brexit has now been delayed post the election and will be in discussion in January 2020, EEA nationals and their family members will be able to lodge a correct application to stay in the UK post Brexit.

What is being considered as no deal Brexit

There are strong suggestions that a “no deal” Brexit could happen and if that happens, the UK will leave the EU without any formal deals. This will most certainly impact those who are living in the UK as an EEA national and do not hold any formal legal status.

The Immigration (Amendment) (EU Exit) Regulations 2019 will come into force if there is no deal with the EU.

Further to that, in a no deal Brexit, changes will also be implemented to the EU Settlement Scheme and further details will also be announced on this.

EU Settlement Scheme

The following are changes that could be applied depending on the Brexit and whether there is a deal or not:

1. Certain categories of family members who after Brexit, intend to join their EEA national, will have to meet published requirements prior making a formal application.
2. By 29th of March 2022, where the relationship existed before Brexit and continues to exist when the application is made, this must be lodged by this date.
3. Where a relationship was formed after Brexit and continues to exist, then an application must be lodged by the 31st of December 2020.

European Temporary Leave to Remain Scheme

The new point based system will start from January 2021 and before this is applied, a new scheme is approved, to permit EEA nationals to apply for leave to remain, so they can continue to work and study in the UK, if they cannot meet the requirements of acquiring permanent status or settled status.

Here are some of the main features of the new scheme:

1. There will be no fee charged for the application and will involve a simple online application process.
2. The application which are lodged online, will have each persons, identity, security and criminal checks done automatically.
3. Those applying by 31st December 2020, if all the requirements are met, will have a period of 36 months leave to remain granted.
4. Both EEA national family members or non-EEA national family members, from 1st January 2021, will have to make an application under this policy.
5. If an application is lodged under this route, then further extensions will not be possible and leave to remain will need to be applied under the new point based system to be announced and started in January 2021.
6. The periods will be counted towards the ILR application under the new point based system.
7. Those applicants who do not meet the new point based system, will need to leave the UK after their temporary leave to remain comes to an end.
8. If an application for temporary leave is refused, then a right to request an administration review.

If you require further information or wish to discuss the impact, speak to us today on 0207 237 3388 or email us at info@icslegal.com.