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A Statement of Changes to the Immigration Rules was released on 10 September 2024, and it is the first under the new Labour Government.
It covers a number of different topics within immigration, such as the Electronic Authorisation Area (ETA), as well as the introduction of new visas, some corrections to existing rules, and more. The changes to the ETA are the most extensive of all of the updates.Â
Read on to find out what the changes are, and what they might mean for you.Â
Jordan removed from the ETA
The first of the changes to the ETA, is that Jordan is no longer a part of the scheme. Jordanian nationals who want to come to the UK will now need to apply for the correct visa for the purpose of their trip.Â
This change comes as a result of an assessment carried out by the UK Government, which found a number of Jordanian nationals were using the ETA to pass through to Ireland, where they were claiming asylum.Â
However, nationals of Jordan who applied for and obtained an ETA before 3pm on the 10 September 2024, and plan on travelling to the UK before 3pm on the 8 October 2024, will still be able to come to the UK without a visa.Â
More countries added to the ETA scheme
Aside from Jordan being removed from the ETA, the scheme as a whole has been expanded to include more countries and associated territories.
Countries and territories will be added to the ETA in two waves, with the first wave being on 8 January 2024. These countries include:Â
- Antigua and Barbuda
- Argentina
- Australia
- Barbados
- Belize
- Botswana
- Brazil
- Brunei
- Canada
- Chile
- Colombia
- Costa Rica
- Grenada
- Guatemala
- Guyana
- Hong Kong Special Administrative Region (including British National (Overseas))
- Israel
- Japan
- Kiribati
- Macao Special Administrative Region
- Malaysia
- Maldives
- Marshall Islands
- Mauritius
- Mexico
- Federated States of Micronesia
- Nauru
- New Zealand
- Nicaragua
- Palau
- Panama
- Papua New Guinea
- Paraguay
- Peru
- St Kitts and Nevis
- St Lucia
- St Vincent and the Grenadines
- Samoa
- Seychelles
- Singapore
- Solomon Islands
- South Korea
- Taiwan
- The Bahamas
- Tonga
- Trinidad and Tobago
- Tuvalu
- United States
- Uruguay
Then, on the 2 April 2025, European countries will be added to the ETA scheme:
- Andorra
- Austria
- Belgium
- Bulgaria
- Croatia
- Cyprus
- Czechia
- Denmark
- Estonia
- Finland
- France
- Germany
- Greece
- Hungary
- Iceland
- Italy
- Latvia
- Liechtenstein
- Lithuania
- Luxembourg
- Malta
- Monaco
- Netherlands
- Norway
- Poland
- Portugal
- Romania
- San Marino
- Slovakia
- Slovenia
- Spain
- Sweden
- Switzerland
- Vatican City
Once these countries and territories have been added to the list, people from these places will no longer need a visa to travel to the UK, and will instead need to apply for an ETA.Â
ETA new grounds for refusal
The final change to the ETA is that new grounds for refusal have been added to the rules regarding ETA applications.Â
People who have received the following can now be refused an ETA when they apply:
- If an individual has previously been refused a Visitor Visa or permission to enter, will now be refused an ETA unless a Visitor Visa was later attained following the initial refusal, or if they held valid permission to enter and it was not cancelled as a result of the refusal. Basically, people can now be refused an ETA based on if they have previously failed to meet the UK’s immigration rule requirements.
- The second and final grounds for refusal is if someone has had a previous ETA cancelled for whatever reason, such as no longer being suitable for it.
Introduction of the Diplomatic Visa Arrangement
The Labour Government has been making changes to the border and immigration system, and one of these changes is that there is the end of Diplomatic Visa Waivers (DVW).Â
No new waiver arrangements have been made between the UK and another country since 2015, so it is being replaced by a new type of Visitor Visa, called the ‘Diplomatic Visa Arrangement’ (DVA).
This new visa can be applied for by holders of select diplomatic passports, and will allow for easier travel to the UK for officials from other countries, whilst also allowing them to carry out normal activities that holders of Visitor Visas can do.
Applications to the new visa will need to be supported by the government of the country that the individual is from. This should be done by their government providing a Note Verbale and including the applicant’s name in it.Â
Then, the applicant will need to complete a DVA light-touch application form, which is free.Â
Successful applicants will normally be given a two-year Visitor Visa that allows for multiple entries into the UK, with a maximum stay of up to six months being allowed for each visit.Â
There will be a three-week transition period between the removal of the old DVW, and the new DVA. This will allow time for people to apply for the new visa.
New VIP Delegate Visa
Another new step being taken in the Labour Government’s new rules is the introduction of the VIP Delegate Visa.Â
Heads of state, monarchs, their family members that are a part of their household, and their private servants are not subject to immigration control if they are visiting the UK on official business.Â
However, their delegates, advisers and other support staff are subject to immigration control, even though they are an important part of ensuring official business is carried out as smoothly as possible. If a delegate wanted to enter the UK they would need to get, for example, a Visitor Visa, meaning they would have to pay a fee to enter on official business with their head of state. Â
As a result of the lack of clear rules surrounding delegates and advisors entering the UK with their heads of state or other officials, the Government has introduced the new VIP Delegate Visa.Â
This visa allows for a limited number of individuals to be able to enter the UK alongside their head of state or other official. The limit is set to 20 people for head of state delegations, and 10 for ministerial delegations.Â
Applicants to the VIP Delegate Visa will need to provide their biographical information, and a full face image.
Bereaved partners and dependants of Gurkha and Hong Kong military veterans
Dependants of a Gurkha or Hong Kong military veteran who was discharged before 1 July 1997, are receiving support in the event of the death of their partner.
Previously, bereaved partners, regardless of if they are married, in a civil partnership, or unmarried, had to pay a fee to be able to remain in the UK. Now, the Government has introduced a fee waiver to those who cannot afford to pay the fee, so that they do not have to uproot their lives and move countries during a difficult period.Â
Adult dependants can also remain in the UK if the caseworker decides that not letting them stay would breach the European Convention of Human Rights.
Additionally, children who have not completed the required 60 month qualifying period can still settle when their parent gets settlement.Â
EU Settlement Scheme updates
The EU Settlement Scheme (EUSS) has received a number of minor updates to tackle a range of issues.
First, pre-settled status can now be curtailed in the event that an individual helped someone obtain, or attempts to help them obtain, EUSS leave or a family permit by committing fraud after the end of the transition period. The end of the period was 31 December 2020.Â
Other changes include:
- The Secretary of State can choose to convert an individual’s pre-settled status to settled status if they qualify, and without them making an application
- Provisions to consider whether an individual continues to meet the eligibility requirements
- Enabling children who applied to the EUSS, were resident in the UK before the end of the transitionary period, and have since turned 21, to be able to use the fact they were under 21 before the transitionary period and so, do not need to meet the requirement of being dependent on their parents
- EEA and Swiss citizens applying to the EUSS as a family member of someone who retained the right of residence, must now meet simpler criteria in the event that they divorce their resident partner, or their qualifying family member dies
- Joining family members must apply to the EUSS within three months of the first time they entered the UK since the end of the transition period
Other changes
There have been a number of smaller changes to other areas of the immigration rules as well, some of which we will cover here. We have chosen the ones that we believe to be particularly important, as there are many to go through.
Appendix Student
There has been an update to the rule where international students must prove that they have the funds to support themselves for each month of their course, which can be up to nine months.Â
It has not been updated since 2020, and now, the funds required have increased to match the maintenance loans of home students, which it will continue to match in the future.
Students can also meet a lower proof of funds requirement if they prove they have put down a deposit on their accommodation.
Appendix Child staying with or joining a non-parent relative
Requirements for the appendix of the rules around children joining non-parent relatives have been updated to provide clarity for both applicants and caseworkers.
There are also two policy changes:
- The sponsor of the child must be a close relative, such as a grandparent, sibling, uncle, aunt, or step-parent. If they are not, then the caseworker must decide if refusing the application would breach Article of the European Convention of Human Rights
- Settlement validity requirements have been updated so that applicants can gain settlement at the same time as their sponsor
Appendix Hong Kong British National (Overseas)Â
The Government has made changes to the validity, relationship, period and conditions of grant requirements, so that family members know who they apply with to be eligible under the BN(O) route, and so it is clearer that an applying family member’s eligibility is conditional based on the success of their sponsor’s application. Â
Appendix Skilled WorkerÂ
There are some very minor updates that correct some data and drafting errors.
Additionally, those on Health and Care Worker Visas who have dependants such as their children already in the UK, will have allowances added to the rules so that their children can apply for extensions to their visa.Â
However, this does not mean that care workers can bring their dependants with them, nor can their children switch to being a dependant of a care worker if there is another parent who can care for them overseas.
How we can help
Our immigration law experts can assist you with a range of immigration applications and topics, such as applying for a visa, getting Indefinite Leave to Remain, and more.Â
Book a free 10-minute assessment today, so that we can see how we might be able to help you. After this, you can book a longer, paid consultation with our Principal Solicitor, Nathan Woodcock, that lasts either 30 minutes, or an hour. During this, you will receive immigration advice, and we will help plan your next steps.
Get in touch with us today to see how we can help you with your immigration needs.Â
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