HC535 makes a number of changes to asylum, settlement, family/private life, Tiers 1, 2 and 5 of points-based system
The Government has today published its latest Statement of Changes in Immigration Rules, making a number of significant changes.
Image credit: UK GovernmentHC535 runs to 79-pages (including explanatory memorandum) and can be read here.
A GOV.UK press release notes that the main changes are as follows:
Asylum
• making asylum claims from EU nationals invalid, unless exceptional circumstances apply
• clarifying the circumstances in which refugee status will be withdrawn
Settlement
• ensuring indefinite leave and naturalisation applicants, who normally rely on an English language qualification, take a secure English language test
• the introduction of the £35k minimum earnings threshold for Tier 2 settlement, which will come into force on 6 April 2016
Family/private life
• providing that a child's application for entry clearance will be refused where the Secretary of State considers that the sponsor or the sponsor's partner poses a risk to the child
Tier 1 (Exceptional Talent) of the points-based system
• amending the endorsement criteria used by Tech City UK, to better reflect the skills and experience of target applicants who are most likely to add value to the UK digital technology sector
Tiers 2 and 5 of the points-based system
• adding nurses and four digital technology jobs to the Tier 2 shortage occupation list
• changes to clarify the charity worker rules for sponsors and applicants.
• Setting the annual allocation of places available under the youth mobility scheme for 2016
• minor amendments to the list of government authorised exchange schemes
Most of the changes will affect all applications submitted on or after 19 November 2015 unless otherwise stated.
Immigration Minister James Brokenshire announed the changes in a written statement to the Commons today, saying:
"My rt hon Friend the Home Secretary is today laying before the House a Statement of Changes in Immigration Rules.
The Rules are being changed to make clear the circumstances in which we can withdraw refugee status and leave. The changes clarify terminology and make clear that refugee status can be withdrawn where evidence emerges that such status was obtained by deception or where it is clear that protection is no longer needed. It can also be withdrawn where someone commits a serious crime or is a considered a danger to our national security such that they do not deserve our protection and all the benefits that come with that status.
Existing provisions on the revocation of refugee status are also being extended to include those who instigate or otherwise participate in acts covered by Article 1F of the Refugee Convention, including those who engage in extremist activities that represent a threat to our national security.
New Rules are being introduced to make asylum claims from EU nationals inadmissible unless exceptional circumstances apply. Such claims are currently processed through the asylum system, which includes an interview and detailed written decision. This goes beyond our international obligations and there is provision under EU law to treat claims from EU nationals as inadmissible on the basis that Members States are deemed to be safe countries. We need to do all we can to dissuade abusive claims and considering claims from EU nationals uses resources that I believe are better focused on those who genuinely need protection.
There is no right of appeal against a decision to treat a claim from an EU national as inadmissible. Claims that meet the exceptional circumstances criteria will still be considered but the onus will be on the individual to set out the reasons why their case is exceptional. Human rights issues raised through the appropriate application process will still be considered in accordance with our obligations under the Human Rights Act.
I am also implementing the changes to the English language requirements for settlement and citizenship announced in March. These changes will ensure that the same security assurances apply to English language qualifications whenever they are used in the immigration and citizenship system.
The statement also makes changes to the Immigration Rules on skilled work routes, administrative review and on family and private life."