LS Legal News Bulletin
CHANGES TO THE IMMIGRATION RULES (HC 170)
Thursday 7th November 2019
The Home Office has recently introduced a new Statement of Changes to the Immigration Rules under HC 170. The changes will only apply if the United Kingdom leaves the European Union "without" a deal.
What is the purpose of changes?
The purpose of the changes is to enable the EU nationals, Turkish workers, Turkish businesspersons and their family members to enter and depart from the United Kingdom, if there is "no-deal" Brexit.
What are the changes?
The Home Office has proposed the following changes:
>Settled Status for EEA family members
The changes will allow the EEA family members to apply under the EU settlement scheme. The EEA family members will also be able to use their period of residence in the United Kingdom before Brexit when making an application for a settled status (indefinite leave to remain) in the United Kingdom.
>European Temporary Leave to Remain Scheme (Euro TLR)
The Euro TLR will be a new scheme introduced by the Home Office which will allow the EEA nationals and their close family members, who come to the United Kingdom after a "no deal" Brexit, to live and work in the United Kingdom for a temporary period and before the implementation of proposed immigration points-based system.
Under the Euro TLR, the non-EEA national's close family members residing lawfully in the United Kingdom may be eligible to apply for Euro TLR from 4 December 2019. If their application is successful, they will be granted limited leave to remain however, at the end of their leave, they will need to make a further application under the new points-based system which will be introduced by the Home Office from January 2021.
>Criminality Rules
The changes will allow the Home Office to impose conduct and criminality thresholds to EEA citizens and their family members in order to "increase security and better protect the public" of the United Kingdom. This will mean that a UK conduct and criminality threshold will apply for EEA citizens and their family members coming to the UK after Brexit, rather than an EU conduct and criminality threshold.
The thresholds will apply to EEA citizens or their family members who become subject to sentence for imprisonment both pre and post Brexit.
>Immigration (Amendment) (EU Exit) Regulations 2019
It can be seen that new changes will make an impact to existing Immigration (European Economic Area) Regulations 2016 which will be retained in UK law by virtue of the European Union (Withdrawal) Act 2018.
There have been so many changes to the Immigration Rules over the past few months that it is difficult for people to understand which visa route is applicable for them. The people living in the UK are uncertain whether the UK will leave the EU with deal or no deal.
For more updates on the changes in Immigration Law, please stay tuned on our website as we will be bringing you the latest news and updates about the Immigration Rules.
In the meanwhile, if you have any queries in relation to your immigration matter, please contact our office and we will be happy to assist you.
