STATEMENT OF CHANGES IN IMMIGRATION RULES PRESENTED TO PARLIAMENT ON 9 MARCH2023

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1141161/E02875509_-__HC_1160__-_EXPLANATORY_MEMORANDUM__Web_Accessible_.pdf


Changes to the Long Residence rules

7.65 The current definition of what constitutes lawful residence in the long residence rules
is not clear, and this has led to confusion for customers and a broader interpretation
than intended. These changes will make the definition easier to understand and better
represent the purpose of the long residence route.

7.66 The rules are changing to not allow any period on immigration bail to count towards
the qualifying period for long residence in any circumstances. This creates a simple
expectation that people cannot count time with precarious status towards settlement
on the basis of long residence.

7.67 The changes will also not allow time as a visitor, short-term student and on the
seasonal worker routes to count towards long residence. This makes it clear that time
spent on a route which both allows for a maximum grant of permission of 12 months,
and where switching is generally not allowed (so there is the strongest possible
expectation that the person will leave the UK at the end of a short stay), cannot count
towards settlement on the basis of long residence.

7.68 A person who has spent a period of time on immigration bail or as a visitor (or other
temporary permission) who is later granted permission on another basis will still be
able to qualify for long residence settlement, but they will need to wait longer to do
so.

7.74 Update the Returning Resident rules as currently they do not allow someone whose
indefinite leave (settlement) has lapsed to apply to resume their settlement as a
returning resident if they have subsequently returned to the UK as a visitor. To avoid
this situation, the rules are being changed to allow someone in this position to resume
their settlement in the UK, although they must still make their application from
outside the UK.

Good to know, thanks @Sirius.

Another major change in the immigration rules that will affect US citizens in due course and all the other non-visa nationals, is the ETA

Electronic Travel Authorisations (ETA)

7.1 One of the government’s priorities is securing the UK’s borders and keeping our people safe by ensuring that everyone wishing to travel to the UK (except British and Irish citizens) has permission to do so in advance of travel. To fill the current gap in advance permissions the government is introducing an Electronic Travel Authorisation (ETA) scheme. The ETA scheme will apply to third country national (i.e., not British or Irish) passengers visiting the UK or transiting the UK who do not currently need a visa for short stays, as well as those using the Creative Worker route for a short stay.

7.2 The Nationality and Borders Act 2022 provided the legislative foundation which allows the Secretary of State to introduce and operate an ETA scheme. It does so by giving powers to the Secretary of State to make Immigration Rules which will set out the detail of the ETA scheme.

7.3 These rules are in ‘Appendix Electronic Travel Authorisation’ which will set out: who is required to apply for and obtain an ETA prior to travelling to the United Kingdom; the form or manner in which an application for an ETA may be made, granted or refused and specifies the conditions which must be met before an application for an ETA may be granted. The Rules also stipulate how long an ETA will be valid for, the conditions under which it may be varied or cancelled and any exceptions to the requirement to obtain one.

7.4 In addition, there are several consequential amendments being made across the wider Immigration Rules that result from the introduction of the ETA scheme.



Statement made by the Minister of State for Immigration, on these changes.
https://questions-statements.parliament.uk/written-statements/detail/2023-03-09/hcws622

On the ETA

The government’s number one priority is keeping the UK safe. In order to further strengthen our border security the government is launching an Electronic Travel Authorisation (ETA) scheme.

The ETA scheme will be implemented in a phased manner, on a nationality basis, over the next two years. Qatar, Bahrain, Jordan, Kuwait, Oman, United Arab Emirates and Saudi Arabia will be the first countries to benefit from the ETA scheme. The Home Office will provide further details about which country will be next to benefit from the ETA scheme in due course.

These rules explain how the UK’s forthcoming ETA scheme will be administered. The rules set out: who is required to apply for and obtain an ETA prior to travelling to the United Kingdom; the form or manner in which an application for an ETA may be made, granted or refused and specifies the conditions which must be met before an application for an ETA may be granted. The Rules also stipulate how long an ETA will be valid for, the conditions under which it may be varied or cancelled and any exceptions to the requirement to obtain one.

More on the ETA

News story
UK unveils plans for travel scheme to bolster the border
https://www.gov.uk/government/news/uk-unveils-plans-for-travel-scheme-to-bolster-the-border

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1141161/E02875509_-__HC_1160__-_EXPLANATORY_MEMORANDUM__Web_Accessible_.pdf


Changes to the Long Residence rules

7.65 The current definition of what constitutes lawful residence in the long residence rules
is not clear, and this has led to confusion for customers and a broader interpretation
than intended. These changes will make the definition easier to understand and better
represent the purpose of the long residence route.

7.66 The rules are changing to not allow any period on immigration bail to count towards
the qualifying period for long residence in any circumstances. This creates a simple
expectation that people cannot count time with precarious status towards settlement
on the basis of long residence.

7.67 The changes will also not allow time as a visitor, short-term student and on the
seasonal worker routes to count towards long residence. This makes it clear that time
spent on a route which both allows for a maximum grant of permission of 12 months,
and where switching is generally not allowed (so there is the strongest possible
expectation that the person will leave the UK at the end of a short stay), cannot count
towards settlement on the basis of long residence.

7.68 A person who has spent a period of time on im7.67 The changes will also not allow time as a visitor, short-term student and on the
seasonal worker routes to count towards long residence. This makes it clear that time
spentmigration bail or as a visitor (or other
temporary permission) who is later granted permission on another basis will still be
able to qualify for long residence settlement, but they will need to wait longer to do
so.

Somebody on immigrationbards.com pointing out that the EXPLANATORY_MEMORANDUM of these changes, does not seem to match the Statement of Changes?

Page 11
(i) existing leave to enter or remain, except this cannot include time with
entry clearance or permission under Appendix V: Visitor, Appendix
Short-term Student (English language), or Appendix Temporary work –
Seasonal Worker; or

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1141158/E02875509_-_Immigration_Rules_changes_-_HC_1160__Web_Accessible_.pdf