UK Individual Immigration Update: New Home Office Statement of Changes

The Home Office published a new Statement of Changes HC309 to the UK Immigration Rules on 7 December 2017 which will bring about changes for a number of personal immigration matters as well as the proposal and trial of electronic entry clearance procedure. The changes to the Immigration Rules will come into effect in January 2018. The Home Office has also published an explanatory memorandum for ease of reading and understanding of the latest UK Individual Immigration Update. 

UK Individual Immigration Update: Visit Visa Applications

Rules relating to Visitors are found under Appendix V of the Immigration Rules, and Appendix 3 sets out the permitted activities for all Visitors, excluding Transit Visitors. Under Appendix 3, one of the activities that Visitors other than Transit Visitors are not allowed to transit the UK. This means that visitors for other purposed such as Business or Marriage will have to obtain a separate Transit Visa in order to transit the UK. The new Statement of Changes however means that Standard Visitor Visa holders and Marriage Visitors are now able to transit under their visa and do not have to obtain the separate Transit Visitor Visa. Furthermore, Appendix 3 also sets out the rules in regard to studying in the UK as a visitor. Clarity has been added in respect of visitors are prohibited to study at an academy or school maintained by a local authority.

UK Individual Immigration Update: Immigration Bail and General Grounds for Refusal

Immigration Bail

Schedule 10 of the Immigration Act 2016 has been proposed in respect of Immigration Bail and repeals for the current powers of Temporary Admission and Temporary Release. The changes set out in the Statement of Changes concern Entry Clearance, Leave to Enter, Leave to Remain and Further or Indefinite Leave to Remain Applicants where the individual had last been granted Temporary Admission or Temporary Release. Individuals who were granted Temporary Admission or Temporary Release will be treated as if they had been granted Immigration Bail if it was on the date that the provisions of Schedule 10 commenced. However, if this occurs after the commencement of Schedule 10, then Immigration Bail will be granted instead of Temporary Admission or Temporary Release.

General Grounds for Refusal

Under section 117 of the Nationality, Asylum and Immigration Act 2014, the Public Interest Test considers whether an individuals Article 8 ECHR rights are outweighed by public interest factors. The basis of the Public Interest Test was stated under Part 9,  Appendix Armed Forces, Appendix FM and Appendix V of the Immigration Rules. the exceptional circumstances part of the general grounds for refusal has been removed as it was not the intention for there to be a separate Public Interest Test, therefore the aforesaid appendixes have been removed.

UK Individual Immigration Update: Electronic Entry Clearance

It has been proposed that Entry Clearance applications will be made electronically. Currently the Immigration Rules require Entry Clearance to be displayed in a valid passport or identity document. Further to the Statement of Changes, Entry Clearance will now be issued electronically and in a valid passport or identity document. Those who have Entry Clearance electronically will not be required to present their entry clearance in their passport or identity document as it will be able to be checked electronically. This will be trialled with specified groups and will then be extended to a general introduction at a later date.

Using Legal Representation to submit Successful UK Visa Applications following the UK Individual Immigration Update

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Visa application.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successful UK Visa Applications following the UK Individual Immigration Update

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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