The Home Office issued a new Statement of Changes to the Immigration Rules HC 719 on 18 October 2022, along with an Explanatory Memorandum. The majority of the changes will take effect from 9 November 2022. Here, we take a look at the key changes and how they may impact our clients.
Global Talent and Temporary Worker Routes
There are changes relating to the Global Talent and Temporary Worker routes that may be of relevance to individuals and employers in the UK.
Changes to the Global Talent endorsement criteria
The evidential requirements for arts and culture applications are being changed so that applicants are required to provide letters of support from organisations or individuals who have worked with them directly and can comment on their skills. The aim of this is that the applicant will provide evidence of first-hand knowledge of their work as opposed to generic letters which it is considered do not sufficiently evidence exceptional talent or promise.
For digital technology applicants, the requirements are being amended to require them to provide letters of support from individuals with detailed knowledge of the applicant’s work over the last 12-month period.
Seasonal Worker route expanded for Poultry Production Workers
The Seasonal Worker route has been expanded to include roles in the poultry industry. Immigration Minister Tom Pursglove stated this will allow farmers to hire poultry staff to fill staff shortages in the run up to Christmas. This came into effect immediately and will run from 18 October until 31 December each year.
Global Business Mobility amended to reflect trade agreements
A new rule will be added to allow permanent residents of Australia and New Zealand to qualify under the Service Supplier route where the services provided are included in the free trade agreements with those countries. Permanent residents and nationals of Australia will be allowed to stay for 12 months on the Service Supplier route if they are providing services under the under the free trade agreement. The allowances relating to trade agreements can only be relied upon for the period of time the agreement is in force or provisionally applied.
Creative Worker route
Currently, individuals on a Standard Visitor visa and Permitted Paid Engagement Visitor visa can switch to the Temporary Work – Creative Worker route. The Immigration Rules are being amended to prevent this. The Explanatory Memorandum states that this type of switching is incompatible with the Visitor route.
Other Notable Changes
Non-Visa national status extended
Nationals of Colombia, Guyana, and Peru are to benefit from non-visa national status. This means they will no longer be required to obtain a visit visa before entering the UK. They will be able to be examined and granted entry on arrival. The Explanatory Memorandum states this is implemented with the aim of improving trade, diplomatic relations, and tourism.
References to the Police Registration Scheme Removed
The Police Registration Scheme has been abolished and one of the reasons cited is that the police are able to access Home Office data via their own records. The requirement to register with the police ended on 4 August 2022.
Simplifying giving effect to travel bans
The current legislation on travel bans does not refer to entry clearance, and cancellation of entry clearance instead would be on the basis that a person’s presence is not conducive to the public good. Part 9 of the Immigration Rules is being amended to simplify the process for caseworkers when giving effect to travel bans imposed by the UN Security Council or UK Government.
Ukraine Extension Scheme
These changes insert the Ukraine Extension Scheme; this allows Ukrainian nationals with permission to enter or stay in the UK between 18 March 2022 and 16 May 2023 to apply to the Ukraine Extension Scheme and receive permission to stay for 36 months.
Hong Kong British National (Overseas) route
Changes to Appendix Hong Kong British National (Overseas) will allow the adult children of BN(O) holders to apply to the BN(O) route independently. It also allows the partners, dependent children, and adult dependent relatives of the adult child to apply with them.
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