There has been a number of changes, updates, and amendments to the Immigration Rules affecting the Electronic Travel Authorisation provisions and EU Settlement Scheme.
Member of Parliament Seema Malhotra (the Parliamentary Under-Secretary of State for Migration and Citizenship for Labour) issued a written statement on 10 September 2024, in conjunction with the Home Secretary’s Statement of Changes. The main changes include:
Jordanian Nationals to be subject to visa requirements from 10 September 2024
One of the most significant changes that has come from the Statement of Changes is that the country of Jordan has been removed (with immediate effect) from Appendix Electronic Travel Authorisation (ETA) and, in turn, has been added to Appendix Visitor.
Ms Malhotra stated: “We are taking this action due to an increase in the number of Jordanian nationals travelling to the UK for purposes other than what is permitted under visitor rules since the visa requirement was lifted in February 2024. This has included a significant and sustained increase in asylum claims, and high rates of refusals at the border due to people travelling without the intention of visiting for a permitted purpose. This increase in asylum claims and refusals has added significantly to operational pressures at the border, resulting in frontline resource being diverted from other operational priorities.”
As Jordanian nationals will now be subject to the Immigration Rules as laid out in Appendix V: Visitor, they will no longer be permitted to benefit from the ETA scheme, and they will have to demonstrate that they are genuine visitors. Additionally, due to a spike in cases in 2024 where Jordanian nationals have used the UK as a transit point for onwards travel to countries such as Ireland (where they have subsequently claimed asylum), Jordanians will also now have a mandatory obligation placed upon them when transiting through the UK to apply for a Direct Airside Transit visa.
Ms Malhotra maintained that there would be a transitionary period of four weeks to allow for Jordanian nationals who had already obtained an ETA and had prebooked travel (arriving no later than 08 October 2024) to the UK.
ETA Scheme
The timeline for the full rollout of the ETA scheme has been laid out in the new Statement of Changes. All non-visa nationals will be entitled to use the scheme from November 2024. However, this will not be a formal, mandatory requirement until 05 January 2025. Europeans will not be obligated to obtain an ETA until April 2025, when the final rollout will be implemented.
Skilled Workers and going rates
A welcome change from the Statement of Changes is the amendments and corrections made to the occupation codes and going rates. The explanatory memorandum states: “The updates made in HC 590 to occupation codes and going salary rates contained a number of data/drafting errors, which are being corrected.”
These drafting errors were largely corrected in the sponsor licence guidance documents. However, Appendix Skilled Occupations has now been updated to further reduce confusion and this appendix now shows the correct required salary for each occupation code.
EU Settlement Scheme (EUSS)
The changes to the EUSS will be coming into effect on 08 October 2024. These include “the scope to automatically convert pre-settled status under the EUSS to settled status where the person qualifies for this and without the need for them to make a further valid application, and to require a joining family member to apply to the EUSS within three months of their first (not latest) arrival in the UK since the end of the transition period (or later where there are reasonable grounds for their delay)”.
This is a helpful legal clarification underpinning how the EUSS automatic extension process operates. Further welcome changes have also been implemented to make applications slightly more straightforward with regards to children turning 21 in the transition period and family members who were divorced or widowed from a Swiss or EEA citizen.
Additionally, the ability to curtail an individual’s pre-settled status where they have fraudulently and dishonestly assisted another individual in obtaining EUSS leave has been introduced.
Conclusion
There are a variety of considerable changes that have also been made. Some further updates include:
- Amendments to allow fee waivers for settlement applications in both Appendix Bereaved Partner and Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 (this will be coming into effect on 09 October 2024).
- Amendments to reinstate British born members of the armed forces in Appendix HM Armed Forces.
- The introduction of the VIP delegate visa (this will be coming into effect on 10 October 2024).
- The phasing out of Diplomatic visa waivers (this will be coming into effect on 11 March 2025) and the introduction of a Diplomatic Visa Arrangement (DVA) visitor visa (this will be coming into effect on 18 February 2025).
It has been confirmed that all other changes will be coming into effect on 08 October 2024.
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