Date Legislation considered: 21 May 2024
Date Legislation in force: 04 April 2024
Relevant Withdrawal Agreement/EEA EFTA Separation Agreement Right(s): Residence
What does the legislation do?
Statement of Changes in Immigration Rules HC 590 (“the Statement”) amends the Immigration Rules made under the Immigration Act 1971
The amendments are wide-ranging and some are discussed in the Explanatory Memorandum.
However, the provisions relevant to the IMA’s remit are confined to those that amend Appendix EU and Appendix AR (EU) to the Immigration Rules.
Appendix EU contains the provisions relevant to the EU Settlement Scheme (“EUSS”), under which residence status conferring rights under the Agreements can be obtained by eligible citizens. The changes made to that Appendix require a person resident in the UK before the end of the transition period on 31 December 2020 – where they seek to obtain settled status under the EUSS in place of indefinite leave to enter or remain granted to them under another route – to have held their existing indefinite leave at the end of the transition period.
Appendix AR (EU) governs the administrative review of decisions under the EUSS. Aside from various drafting changes which do not result in an alteration in policy, the changes made by the Statement remove the scope to apply out-of-time for administrative review of a relevant EUSS decision taken before 5 October 2023. The scope to apply for administrative review of a relevant EUSS decision taken from that date was removed by Statement of Changes in Immigration Rules HC 1780.
Comments
The IMA raises no issues of concern at this stage. However, any citizen experiencing difficulties in exercising their rights is encouraged to report a complaint through the IMA Portal.
Further information about the IMA and guidance on how to report complaints can also be found on the Website.