House of Commons paper 1511, the fifth statement of changes in the Immigration Rules so far this year (2011), includes a disparate set of changes to the immigration regimes relating to:
- visitors to the UK, adding new provisions for the 2012 Olympic Games,
- students,
- applications for indefinite leave to remain made by people in the UK with work permits or under Tier 2 of the points based system,
- applications from the elderly dependant relatives of people settled in the UK
- applications for leave to remain made by unmarried or same-sex partners of people settled in the UK
- applications from the children or partners of people in the UK as refugees or with humanitarian protection to join their family members
The changes relating to the Olympics come into force on 30 March 2012, the other changes on 31 October 2011.
Olympic visitors
The UKBA has had to make provision for all of the competitors, officials and others who will come to the UK for 2012’s London Olympic Games. In particular, many of these visitors are required, due to contractual obligations to which the UK has committed itself, to be allowed to enter the UK without a visa and on production only of their national passport and a special identify card. So these changes introduce a new visitor category: Olympic or Paralympic Games Family Member Visitor - which will encompass athletes, umpires, technical and support staff, broadcasters and other individuals, all of whom will be issued with an Olympic and Identity & Accreditation Card (OIAC) or Paralympic Identity & Accreditation Card (PIAC) by the London Organising Committee of the Olympic Games and Paralympic Games. Under these new rules (56R to 56W) leave to enter or remain may be granted to those so “accredited”.
Students
The changes also provide clarification of the United Kingdom Border Agency’s system of preferential treatment for applicants for entry clearance who come from certain countries, on the basis that research indicated that these countries produced relatively low levels of refusals of applications. This system was introduced in July of 2011 by statement of changes in the Immigration Rules HC 1148, which introduced at Appendix H of the Immigration Rules, a list of the countries whose nationals qualified for the Agency’s streamlined applications process. By these changes the bare list at Appendix H is supplemented by more detailed requirements.
Settlement applications by holders of work permits or those with leave to remain as a Tier 2 Migrants
Since the implementation of statement of changes in the Immigration Rules HC 863 on 6 April 2011 people applying for indefinite leave to remain or “settlement” in the UK in the these and the other points based system employment related immigration categories have had to get their employers to certify that they are still needed for the job they are doing and that they are being paid at least the minimum income which applied when their leave to remain was last extended. By these changes holders of work permits or those with leave to remain as a Tier 2 Migrants will be required, in the now familiar tradition of the points based system, to prove that they are being paid this much not just by their employers’ certification to that effect, but also by producing “specified documents”. The statement of changes doesn’t say what these documents are but instead says that:
“Updated guidance will be made available when the rules are introduced, which will specify those documents to be submitted.”
Applications from elderly dependant relatives, unmarried or same sex partners, and the family members of people recognised as refugees or who have humanitarian protection in the UK
These changes are fairly technical and in general they don’t add or remove any substantive condition for entry to or leave to remain in the UK for applicants in these categories. What is notable however is the UKBA’s inclusion of divorced, separated and single parents and grandparents over the age of 65 in the rules relating to elderly dependant relatives. This gives effect to observations made by the Court of Appeal in a judgment in 2008, in which it was suggested that it was unfair that widows and widowers could apply for leave to enter and remain to join those they depend on under paragraph 317 of the Immigration Rules but that other single elderly relatives could not.
As has been emphasised before, with each statement of changes to the Rules the minutiae of the conditions for entry and stay in the UK become more complex. Even the decision makers themselves have some difficulty keeping up with the rate of change. Therefore anyone who needs to make an application to come to the UK for whatever reason, or for permission to extend their leave to remain or to apply for indefinite leave to remain is strongly urged to obtain professional legal advice.