Brief new 11-page statement published, with changes taking effect from 4pm today
A brief new statement of changes to the Immigration Rules has been published today concerning the Afghan Relocations and Assistance Policy (ARAP).
You can download the statement of changes and accompanying explanatory memorandum from here, with the main 11-page statement available here. The changes take effect from 4pm today. Part 7 of the Rules (on 'other categories') is changed.
The changes are being made to:
- clarify the eligibility criteria for the ARAP;
- clarify that ARAP dependants can be refused where the main applicant is to be refused; and
- remove the requirement for dependants to be Afghan nationals.
Under the ARAP scheme launched in April 2021, Afghans who are or were employed in Afghanistan by the British government are eligible to apply for relocation to the UK if they are assessed to be at serious risk of threat to life. Changes were later made to the scheme due to the Taliban takeover of Afghanistan.
The Home Office explained today: "We are taking this opportunity to update the Immigration Rules to clarify the eligibility criteria to remove the uncertainty that emerged during and after Operation Pitting (the evacuation of Afghanistan in August 2021) around who would qualify. This will provide a greater degree of clarity both to those who think they might be eligible and to decision makers and will bring the criteria for qualifying within the Immigration Rules. It will also ensure consistency amongst Government departments who are responsible for taking initial eligibility decisions on ARAP applications (Ministry of Defence and Foreign, Commonwealth and Development Office).
"The updated ARAP policy will be narrower than that applied previously including during Operation Pitting in August 2021, insofar as the Rules will limit eligibility to those who furthered the UK's military and national security objectives."
Changes are being made to permit dependants to be refused in line with the main applicant, as the Home Office says there is currently no clear basis for this to happen in the Immigration Rules despite this always being the policy intention.
In addition, the requirement for dependants to be Afghan nationals is being removed to enable more families to remain together and avoid any indirect discrimination.
The Joint Council for the Welfare of Immigrants (JCWI) noted on Twitter that the changes had "drastically narrowed the only safe route Afghans had to the UK".
Zoe Bantleman, legal director at the Immigration Law Practitioners' Association (ILPA), said: "It is shocking that this is done before the Afghan citizens resettlement scheme is opened."
The Afghan citizens resettlement scheme (ACRS) was announced in August following Kabul's fall to the Taliban, but the scheme remains unopened to this day. The Home Office's webpage (see here) continues to state: "The scheme is not yet open. Please check this page regularly. Further details will be announced in due course."