The autumn statement of changes HC 217 has been published, accompanied by a written statement from Seema Malhotra MP, the Parliamentary Under-Secretary of State for Migration and Citizenship. The errors we covered last week in relation to skilled worker going rates are being corrected from 8 October 2024 and we have set out the other main changes below.

Imposition of a visa regime on Jordan from 3pm today

Jordan is added to Appendix Visitor: Visa national list and removed from Appendix Electronic Travel Authorisation effective 3pm today meaning that Jordanian nationals will need to apply and obtain permission to come to the UK in advance of travel.

The Home Office says this change is being made because the number of asylum claims from Jordanians increased from 17 in October to December 2023 to 77 in January to March 2024 and 261 in April to June 2024. Those people will no longer have a safe way to travel to the UK to claim asylum. There has also been a large increase in the number of refusals at the borders from 10 in 2023 to 463 for April to June 2024.

A 28 day transition period has been put in place for Jordanian nationals who held a valid ETA and confirmed travel booking prior to 3pm today, so until 3pm on 8 October 2024. Anyone arriving after the transition period will require a visa. Further details have been published on GOV.UK. Processing times for visitor visas are currently 21 days so anyone due to arrive shortly after the end of the transition period should get their application in quickly.

Fee waivers for bereaved partners (9 October 2024)

Appendix Bereaved Partner and Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 are being amended to introduce a fee waiver for bereaved partners. This change follows litigation brought by Public Interest Law Centre and RAMFEL, it was originally due to be brought in before 11 July but was delayed because of the general election.

It is important to note when reading the Home Office press release that the test is one of destitution and not affordability and is therefore far less generous than the fee waiver available to other routes.

Further roll out of the UK Electronic Travel Authorisation (ETA) scheme

A new Appendix Electronic Travel Authorisation National List is being introduced, this will list all the nationalities that can use the ETA scheme and the date from which it will be a requirement. From 8 January 2025 it will be a requirement for all nationalities except Europeans who must have an ETA in order to enter the UK from 2 April 2025, at which point roll out of the scheme will be complete. The full list and dates from which people can apply and must have the ETA to enter the UK has also been published separately on GOV.UK.

Changes are also being made to the ETA scheme that will allow the Home Office to refuse or cancel an ETA where the person has previously overstayed and left the UK voluntarily.

Two new suitability requirements are being added. The first provides that those who have previously been refused a visit visa will be refused an ETA unless they have been granted a visit visa since then. The second allows for refusal where the applicant has previously had an ETA cancelled for reasons other than on suitability grounds.

Adult dependent relatives under Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 (8 October 2024)

Adult dependent relatives are being added to the eligibility criteria in Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997, meaning that they can be granted leave in this route where the Home Office is satisfied that not doing so would be a breach of article 8 of the European Convention of Human Rights. Refusals will attract a right of appeal.

Appendix Finance (8 October 2024)

The exchange rate used by the Home Office to convert foreign currencies into pounds sterling (Oanda) no longer supports Mongolian Tugriks and so this is being added to the list of currencies for which the FCDO Consular rate of exchange is to be used instead.

Appendix Student (2 January 2025)

The maintenance requirement for students is being increased to match the maintenance loans available for home students for the 2024-25 academic year and the explanatory memorandum states that the intention is to keep these aligned going forward. The maximum amount for the accommodation offset has also been increased.

Appendix Child Staying with or Joining a Non-Parent Relative (Protection) (Appendix CNP) (8 November 2024)

This Appendix is being replaced in its entirety, changes are described as “being made to simplify existing requirements to provide greater clarity” although there are also two policy changes. The first is to introduce a new family relationship eligibility requirement which says that the sponsor must be a close relative (as defined elsewhere in the rules). Where this requirement is not met, the decision maker will consider whether refusal would result in “unjustifiably harsh consequences for the applicant or their family”. The second policy change is that applicants will be able to apply for settlement at the same time as their sponsor.

Changes to the EU Settlement Scheme (EUSS) (8 October 2024)

There are new provisions allowing pre-settled status to be curtailed (subject to a right of appeal) where the person has helped someone to obtain, or to attempt to obtain, EUSS leave or an EUSS family permit fraudulently after the end of the transition period. This seems like an attempt to try to reduce the number of late applications being made.

Joining family members will be required to apply to the EUSS within three months of their first (not most recent) arrival in the UK since the end of the transition period (otherwise it will be deemed a late application). The explanatory memorandum describes the other changes as follows:

• To refer to the scope for the Secretary of State to automatically convert presettled status under the EUSS to settled status (indefinite leave to enter or remain under Appendix EU) where the person qualifies for this and without the need for them to make a further valid application.
• To apply the procedural provisions in Annex 2 to the consideration of whether a person granted limited leave to enter or remain under Appendix EU continues to meet eligibility requirements.
• To enable a child applying to the EUSS who was resident in the UK before the end of the transition period, and has turned 21 years of age since then, to rely on the fact that they were aged under 21 at the end of the transition period and therefore have to meet no requirement as to dependency on their parent(s).
• To enable an EEA or Swiss citizen applying to the EUSS as a family member who has retained the right of residence, following the death or divorce of the relevant EEA or Swiss citizen who was resident in the UK before the end of the transition period, to meet simpler criteria. 

Introduction of a “Diplomatic Visa Arrangement” (DVA) visitor visa (18 February 2025) and the end of Diplomatic Visa Waivers (11 March 2025)

The UK is replacing existing Diplomatic Visa Waivers with a new type of visitor visa for diplomatic passport holders from some visa national countries, where they are supported by a Note Verbale by their sending government.

The applicant will need to complete a light touch application form for the new visa, which does not incur a fee. There is no requirement to provide fingerprint biometrics. Applicants must be over 18 and will normally be issued a two-year multi-entry visit visa, with a maximum stay of six months on each visit.

Introduction of the VIP Delegate visa on 10 October 2024

The VIP Delegate Visa is to be used by a capped number of delegates accompanying heads of state and government ministers visiting the UK on official government business. The upper limit for the number of applicants eligible for this route will be set at 20 for heads of state delegations and 10 for ministerial delegations. Applicants eligible for this visa will need to submit a light touch application form, along with providing biographical information and a facial image. There will be no application fee and no requirement for applicants to submit fingerprints.

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