Важные и новые изменения в Правилах

[British Lawyer]

08 December 2023
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

>>> Using the ‘UK Immigration: ID Check’ app for Ukraine nationals is no longer permitted: https://www.gov.uk/guidance/using-the-uk-immigration-id-check-app-for-ukraine-nationals?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=2cffe370-9c98-4b14-a3df-7d6168f4b09e&utm_content=daily

You can no longer use the ‘UK Immigration: ID Check’ app to complete the identity verification stage of your Ukraine scheme visa application.

Prove your identity and providing your documents

You’ll need to book an appointment to have your photograph and fingerprints taken at a visa application centre (VAC) as part of your application.

Children under the age of 5 will not have their fingerprints taken but will still need to book and attend a VAC appointment and have a digital photograph taken.

At your appointment, you’ll need to prove your identity with any identity documents you may have such as:

•    a valid passport
•    a Ukrainian national identity card
•    a combination of official documents – for example, a photo driving licence and birth certificate -* an emergency certificate issued by a Ukrainian authority since March 2022

After you’ve applied

You will need to wait for a decision from UK Visas and Immigration on your application before travelling to the UK.

If your application is approved, you’ll need to return to collect your visa before you travel to the UK. This visa will allow you to board a plane or other form of transport to the UK.

If you attended your biometrics appointment in Kyiv and your visa application is successful, you’ll need to travel to the VAC in Warsaw with a valid international passport to collect your visa vignette. If you had an appointment in another country, you’ll need to collect your visa vignette at the same VAC you submitted your biometrics.
Do not go to the visa application centre to collect your visa until you have been contacted.

You’ll be able to pick up your biometric residence permit once you’re in the UK. Your biometric residence permit can be used to confirm your status and rights in the UK.

>>> Changes to the UK Immigration Rules:

(most interesting points)

Changes to the EU Settlement Scheme (EUSS)

-    To prevent a valid application to the EUSS as a joining family member being made by an irregular arrival to the UK (which will include small boat arrivals) as well as by an illegal entrant to the UK, thereby reinforcing the Government’s approach to tackling illegal migration

-    To require a person in the UK as a visitor to make any application to the EUSS as a joining family member within three months of their arrival (subject to reasonable grounds for any delay in applying).  This is consistent with the temporary protection of rights conferred on them by the Citizens’ Rights Agreements for three months from their arrival in the UK.

-    To require a person in the UK as a visitor to make any application to the EUSS as a joining family member within three months of their arrival (subject to reasonable grounds for any delay in applying).  This is consistent with the temporary protection of rights conferred on them by the Citizens’ Rights Agreements for three months from their arrival in the UK

Changes to the Visitor Rule
-    To amend the permitted intra-corporate activities to remove the prohibition on working directly with clients and are introducing a requirement that client facing activity is incidental to the visitor’s employment abroad and does not amount to the offshoring of a project or service to their overseas employer

-    To make clear that visitors are permitted to work remotely whilst they are in the UK but that remote working must not be the primary purpose of their visit

-    To allow scientists, researchers and academics to conduct research in the UK as part of their visit. Currently scientists and researchers can only conduct independent research, and academics can only conduct research for their own purposes if they are on sabbatical leave from their home institution. These changes will not apply to academics applying for a 12 month visit visa, or if they are applying to extend their permission from within the UK

-    To  expand the permitted activities for legal professionals

-    To allow speakers at conferences to be paid for this activity, by including this in the list of Permitted Paid Engagements (PPE)

-    To move the provisions of the Permitted Paid Engagement Visitor route into the Standard Visitor route. This means all visitors will be able to undertake PPE without the need for a special visa. However, visitors intending to undertake PPE must still have arranged their PPE activity prior to travel to the UK, and this must be undertaken within 30 days of arrival in the UK as a Visitor

Introduction of new Appendix Bereaved Partner  
Appendix Bereaved Partner replaces existing provisions for Bereaved Partners and their dependent children in Part 8, Appendix FM and Appendix Armed Forces of the Immigration Rules.
Introduction of new Appendix Victim of Domestic Abuse  
-    Appendix Victim of Domestic Abuse replaces existing provisions for Victims of Domestic Abuse and their dependent children in Part 8, Appendix FM and Appendix Armed Forces of the Immigration Rules.  This will provide a single set of Victim of Domestic Abuse rules for those applying for settlement

-    Appendix Victim of Domestic Abuse replaces existing provisions for Victims of Domestic Abuse and their dependent children in Part 8, Appendix FM and Appendix Armed Forces of the Immigration Rules.  This will provide a single set of Victim of Domestic Abuse rules for those applying for settlement.
Introduction of new  Appendix Statelessness  
-    A partner or child will not be able to apply for entry clearance, permission to stay or settlement under Appendix Stateless from the 16 January 2024

-    Where a partner or child of a Stateless Person are not themselves stateless or are overseas, they may apply to come to or stay in the UK under the family provisions in Appendix FM. The existing provision in Appendix FM have been amended to allow a Stateless person to sponsor a partner and dependent child

-    Other changes allow Stateless applicants to combine time on other routes that allow an applicant to qualify for settlement after a 5 year qualifying period. To combine time on other routes the applicant must not have entered the UK illegally and must have had permission on the stateless route for at least 1 year at the date of application for settlement

Changes to Appendix Innovator Founder  

A change is being made to correct a drafting error in the 17 July 2023 Rules changes (HC 1496) relating to switching conditions from the Student route to the Innovator Founder route. PhD students can apply to switch having completed 24 months of study (not 12).

Changes to Part 5  

To delete from Part 5 the indefinite leave to remain provisions from the following: Private Servant in a diplomatic household, Overseas government employees, and airport based operational ground staff of overseas-owned airlines. These routes had been closed for some time (although some have successor routes). Those on these routes can count that time towards settlement under Long Residence or Private Life routes.