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New statement of changes to the Immigration Rules published today

Summary

Adjustments to the EU Settlement Scheme and freeze on salary thresholds for settlement among the changes

By EIN
Date of Publication:

A new statement of changes to the Immigration Rules, HC 120, has been published today.

VisaImage credit: UK GovernmentYou can access the near-70 page statement and the accompanying 8-page explanatory memorandum here.

The changes take effect on 6 April 2020.

The explanatory memorandum summarises the main changes as follows:

• Make adjustments to the EU Settlement Scheme following the United Kingdom's exit from the European Union on 31 January;

• Implement a freeze on salary thresholds for settlement following a recommendation by the Migration Advisory Committee;

• Implement a number of minor corrections and amendments to the rules; and

• Update the Youth Mobility Scheme partner countries and places available.

The memorandum notes further that the changes to the EU Settlement Scheme reflect the Supreme Court judgment in SM (Algeria) concerning the range of extended family members who can reside with an EEA citizen.

"The changes mean that applications to the EUSS will now be able to be made by those with a relevant document issued under the Immigration (European Economic Area) Regulations 2016 (the 2016 Regulations) 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," the explanatory memorandum states.

It adds that the changes will also bring within the scope of the EU Settlement Scheme certain non-EEA nationals issued with a residence document under transitional provisions in the 2016 Regulations as the family member of a British citizen with dual UK/EEA nationality.

Meanwhile, the Government announced yesterday that the Immigration Health Surcharge (IHS) would be increased from £400 to £624.

The 2020 budget policy paper says: "To ensure that new arrivals to the UK contribute to the funding of the NHS, the Immigration Health Surcharge will be increased to £624. The government will also introduce a new discounted rate of £470 for children in recognition of the increased financial impact on family groups."

For students and those entering on the youth mobility scheme, the surcharge will rise from £300 to £470.

The new prices will be introduced in October 2020.

Caitlin Boswell Jones of the Joint Council for the Welfare of Immigrants (JCWI) told The Independent: "This is double taxation on migrants, who already contribute more in taxes than they take out, and many of whom are the backbone of the NHS itself. At a time when we desperately need to strengthen our health system, the IHS must be scrapped, or we make life in the UK more unaffordable and unliveable for migrants, without whose taxes and labour our NHS will collapse."