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New Statement of Changes in Immigration Rules (HC895)

19 March 2018 Brexit & EU Migration McGill & Co Solicitors

Change aheadOn 15 March 2018 the Home Office presented a brief new Statement of Changes in Immigration Rules (HC895) to Parliament. The changes, accompanied by a short explanatory note, will come into force on 06 April 2018. This article will examine the most notable of these changes, and their effects on certain routes to entry clearance and settlement.

As outlined in the explanatory note, the purposes of the new changes to the Immigration Rules are to:

  • Ensure that an asylum claim can be deemed inadmissible, and not be substantively considered by the UK, if another EU Member State has already granted the claimant international protection.
  • Make changes and clarification to Appendix FM of the Immigration Rules relating to family life
  • Make the annual update to the Appendix V list of Permit Free Festivals.

Asylum

On the asylum change, paragraph 345(A)(i) of the rules has been changed from:

An asylum claim will be declared inadmissible and will not be substantively considered if the Secretary of State determines that one of the following conditions are met:

i) Another Member state has granted refugee status.'

To

‘An asylum claim will be declared inadmissible and will not be substantively considered if the Secretary of State determines that one of the following conditions are met:

i) Another Member state has granted refugee status or subsidiary protection.’

The explanatory memorandum says the change is in line with both the UK’s established policy on safe third countries, and the EU’s objective in reducing the secondary movements of those granted international protection.

Family Life (Appendix FM)

Section R-ILRP.1.1.(d) of Appendix FM has been slightly amended. The changes made to Appendix FM are to clarify that those on a 5-year route to settlement must meet all eligibility requirements, including the immigration status, financial and English language requirements, at every application stage including where indefinite leave to remain is sought after five years, in order to be granted leave.

Festivals

The annual update to the list of permit free festivals in Appendix 5 to Appendix V means that the new list contains the following festivals for the coming year:

(a) Aberdeen International Youth Festival

(b) Africa Utopia (Southbank Centre)

(c) Alchemy (Southbank Centre)

(d) Aldeburgh Festival

(e) Barbican Festivals (Only Connect, Summer Festival, Autumn 1, Autumn 2)

(f) Barclaycard presents British Summer Time Hyde Park

(g) Belfast International Arts Festival

(h) Bestival

(i) Billingham International Folklore Festival of World Dance

(j) BoomTown Fair

(k) Breakin’ Convention

(l) Brighton Festival

(m) Brighton Fringe

(n) Brouhaha International Street Festival

(o) Cambridge Folk Festival

(p) Camp Bestival

(q) Celtic Connections

(r) Cheltenham Festivals (Jazz/Science/Music/Literature)

(s) Common People

(t) DaDaFest International

(u) Dance Umbrella

(v) Download

(w) Edinburgh Festival Fringe

(x) Edinburgh International Festival

(y) Edinburgh Jazz and Blues Festival

(z) Glasgow International Jazz Festival

(aa) Glyndebourne

(bb) Greenbelt

(cc) Harrogate International Festivals

(dd) Hay Festival

(ee) Huddersfield Contemporary Music Festival

(ff) Latitude

(gg) Leeds Festival

(hh) LIFT (London International Festival of Theatre)

(ii) Llangollen International Musical Eisteddfod

(jj) London Jazz Festival (EFG)

(kk) Meltdown (Southbank Centre)

(ll) Norfolk and Norwich Festival

(mm) Reading Festival

(nn) RiZE

(oo) Snape Proms

(pp) The Royal Edinburgh Military Tattoo

(qq) Wireless

(rr) WOMAD

(ss) WWE Live

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