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New statement of changes to the Immigration Rules: HC895

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A short Statement of Changes in Immigration Rules HC895 was laid yesterday, 15 March 2018. It makes minor changes to the Rules to take effect on 6 April. The explanatory memorandum summarises the tweaks as being to:

Ensure that an asylum claim can be deemed inadmissible, and not be substantively considered by the UK, if another EU Member State has already granted the claimant international protection.

Make changes and clarifications to the Immigration Rules relating to family life.

Make the annual update to the list of Permit Free Festivals.

Asylum

Paragraph 345A(i) is changed from:

An asylum claim will be declared inadmissible and will not be substantively considered if the Secretary of State determines that one of the following conditions are met:

(i) another Member State has granted refugee status…

to:

An asylum claim will be declared inadmissible and will not be substantively considered if the Secretary of State determines that one of the following conditions are met:

(i) another Member State has granted refugee status or subsidiary protection…

This change is said to be “in line with both the UK’s established policy on safe third countries, and the EU’s objective in reducing the secondary movements of those granted international protection”.

Family life

In the section on requirements for indefinite leave to remain as a partner, R-ILRP.1.1.(d) currently reads:

the applicant:

(i) must meet all of the requirements of Section E-LTRP: Eligibility for leave to remain as a partner (except that paragraph E-LTRP.1.2. cannot be met on the basis set out in sub-paragraph (c) of that paragraph, and in applying paragraph E-LTRP.3.1.(b)(ii) delete the words “2.5 times”); or

(ii) must meet the requirements of paragraphs E-LTRP.1.2.-1.12. (except that paragraph E-LTRP.1.2. cannot be met on the basis set out in sub-paragraph (c) of that paragraph) and E-LTRP.2.1 – 2.2. and paragraph EX.1. applies; and

This has been deleted and moved, with a slight rewording, to the section on eligibility for indefinite leave to remain as a partner (E-ILRP). The same goes for the requirements for indefinite leave to remain as a parent. The net effect is, again quoting the explanatory memorandum,

to clarify… that those on a 5-year route to settlement must meet all eligibility requirements, including the immigration status, financial and English language requirements, at every application stage including where indefinite leave to remain is sought after five years, in order to be granted leave under these Rules.

Festivals

The list of permit free festivals in Appendix 5 to Appendix V (are you keeping up at the back?) has been updated. The new list is as follows:

(a) Aberdeen International Youth Festival

(b) Africa Utopia (Southbank Centre)

(c) Alchemy (Southbank Centre)

(d) Aldeburgh Festival

(e) Barbican Festivals (Only Connect, Summer Festival, Autumn 1, Autumn 2)

(f) Barclaycard presents British Summer Time Hyde Park

(g) Belfast International Arts Festival

(h) Bestival

(i) Billingham International Folklore Festival of World Dance

(j) BoomTown Fair

(k) Breakin’ Convention

(l) Brighton Festival

(m) Brighton Fringe

(n) Brouhaha International Street Festival

(o) Cambridge Folk Festival

(p) Camp Bestival

(q) Celtic Connections

(r) Cheltenham Festivals (Jazz/Science/Music/Literature)

(s) Common People

(t) DaDaFest International

(u) Dance Umbrella

(v) Download

(w) Edinburgh Festival Fringe

(x) Edinburgh International Festival

(y) Edinburgh Jazz and Blues Festival

(z) Glasgow International Jazz Festival

(aa) Glyndebourne

(bb) Greenbelt

(cc) Harrogate International Festivals

(dd) Hay Festival

(ee) Huddersfield Contemporary Music Festival

(ff) Latitude

(gg) Leeds Festival

(hh) LIFT (London International Festival of Theatre)

(ii) Llangollen International Musical Eisteddfod

(jj) London Jazz Festival (EFG)

(kk) Meltdown (Southbank Centre)

(ll) Norfolk and Norwich Festival

(mm) Reading Festival

(nn) RiZE

(oo) Snape Proms

(pp) The Royal Edinburgh Military Tattoo

(qq) Wireless

(rr) WOMAD

(ss) WWE Live

There are a few additions and omissions compared to last year. Of the big names, Glastonbury has been removed, as there is no Glastonbury this year. V Festival is no longer on the list either, but only because it has been rebranded as RiZE, which is listed. Room is made for the British Summer Time festival in Hyde Park, which apparently Roger Waters is playing so I’m off to look at ticket prices.

 

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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.

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