Call us on +44 20 3384 3075

English
Chinese
Russian

17 Mar New Statement of Changes

Posted on March 17, 2020 in EU Immigration, Migra & Co, Nationality & Citizenship, Other Visas, Working in the UK by
0 Likes

On 12 March 2020, the UK government published a new Statement of Changes which will be effective from 6 April 2020.

Changes to the EU Settlement Scheme (EUSS)

Following the UK’s departure from the EU on 31 January 2020, EU nationals and their family members will need to apply for Pre-Settled or Settled status under the EU Settlement Scheme (EUSS) before 30 June 2021. However, they will need to enter the UK before the end of the transition period on 31 December 2020.

The main changes to the EUSS are as follows:

  • Applications to the EUSS can now be made by applicants with a document issued under the EEA Regulations 2016 as an extended family member on the basis that they are a child under the age of 18 who is subject to a non-adoptive legal guardianship order in favour of an EEA citizen; they are the relative of the spouse or civil partner of an EEA citizen; or they are a child under the age of 18 of the durable partner of an EEA citizen.

 

  • In regards to family members of UK nationals returning from an EEA Member state or Switzerland and ‘Surinder Singh’ cases applying to the EUSS, the British national needs to reside abroad and be exercising treaty rights before 31 December 2020, as well as immediately before the UK national and the family member return to the UK.

 

  • Non-EU family members of a British citizen with dual UK/EU nationality, who were issued with a residence document under the EEA Regulations 2016, but neither their EU sponsor nor themselves have exercised their rights of free movement or residence under the Free Movement Directive, should be able to obtain status under the EUSS;

 

  • Durable partners or dependant relatives who have an application for a residence document under the EEA Regulations 2016 outstanding at the end of the transition period, will be able to rely on the residence document (if they were granted) to apply to the EUSS, for example, a family permit, registration certificate, residence card, permanent residence (PR) card or derivative residence card;

 

  • Under the returning resident provisions of the EUSS, settled status will not be lost unless the applicant has been absent from the UK for a continuous period of 5 years (4 years for Swiss citizens and their family members).

 

Changes to the Tier 2 scheme:

The Home Office will freeze salary thresholds for Indefinite Leave to Remain applications under the Tier 2 category, following the recommendation by the Migration Advisory Committee (MAC) in January 2020. This means that the minimum salary requirement for a settlement application under the Tier 2 scheme will remain at £35,800 per annum after 6 April 2020.

In addition, the role ‘Overhead Linesworkers’ is no longer listed on the Shortage of Occupation List.

Changes to the Tier 5 Youth Mobility Scheme ( Tier 5 YMS)

Hong Kong has been added to the list under the heading “Invitation to apply arrangements” in Appendix G.

For further information, please refer to the GOV.UK website using the link below: https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-120-12-march-2020.

Contact our immigration team

For expert advice on UK immigration, please contact our immigration team on 0203 384 3075.

 

 

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.