Updates, commentary, training and advice on immigration and asylum law

New statement of changes to the Immigration Rules: CM 9675


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I couldn’t bring myself to spend a sunny weekend poring over the statement of changes to the Immigration Rules that landed on Friday afternoon, so here is a belated catch-up. In fact the changes are not the usual tinkering but the insertion of a new section, called Appendix EU, catering for the settled status registration scheme for EU citizens.

“In essence”, the explanatory memorandum tells us, “Appendix EU provides a self-contained set of Immigration Rules for the EU Settlement Scheme”. The Immigration Rules that would otherwise apply to such applications are disapplied — the general grounds for refusal, for example. And terms such as “child”, “dependent relative” etc have special Appendix EU meanings, found in Appendix 1. Definitions found elsewhere in the Rules are also disapplied.

Appendix EU itself is almost identical to the draft published last month. There is one significant addition: paragraph EU16 on refusals now reads as follows:

EU16. An application made under this Appendix may be refused on grounds of suitability where, at the date of decision, the decision-maker is satisfied that:

(a) In relation to the application and whether or not to the applicant’s knowledge, false or misleading information, representations or documents have been submitted (including false or misleading information submitted to any person to obtain a document used in support of the application); and

(b) The information, representation or documentation is material to the decision whether or not to grant the applicant leave under this Appendix; and

(c) The decision to refuse the application on this basis is proportionate.

Sub-paragraph (c) was not in the original draft.

Appendix EU comes into force on 28 August, but only for applicants from 15 hospitals and universities in the north west of England. They are the guinea pigs. The application system is being tested over the coming months and the Home Office expects it to be fully open in time for nominal Brexit in March 2019. Parliament’s Brexit committee is the latest to point out that

The timetable and deadlines for the roll-out of this scheme – expected to process three million applications – are challenging and ensuring its success will require a considerable public information programme.

The committee’s report on citizens’ rights was published on 23 June.

Finally, for seasoned Rules-watchers, an intriguing nugget in the explanatory memo:

The Immigration Rules were last consolidated in 1994. Consideration will be given in due course to the nature and timing of any further consolidation.

This has not appeared in any previous statement of changes.


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CJ McKinney

CJ McKinney is a specialist on immigration law and policy. Formerly the editor of Free Movement, you will find a lot of articles by CJ here on this website! Twitter: @mckinneytweets.