Statement of Changes to the Immigration Rules and EUSS quarterly statistics out today by Charlotte Rubin

An eventful day in the immigration world, as the Home Office released a Statement of Changes to the Immigration Rules, as well as their most recent set of EU Settlement Scheme quarterly statistics.

The Statement of Changes to the Immigration rules carries some good news. For one, it confirms that victims of domestic violence for durable partners will be eligible for status under the EUSS. This is in line with other government initiatives to tackle domestic abuse in the UK.

In the same vein, any family member within scope of the EUSS whose family relationship with an EEA citizen breaks down is now eligible for status under the EUSS. Previously, only ex-spouses and ex-civil partners of EEA citizens could apply to retain a right of residence after divorce or breakdown of a relationship.

Additionally, for family members of the people of Northern Ireland, the proposed changes extend the EUSS to dual Irish/British citizens, allowing eligible family members of the people of Northern Ireland to apply for UK immigration status under the Scheme on the same terms as the family members of Irish citizens in the UK. Prior to this change, family members of Northern Irish people could not access the EUSS – under the new rules, they are able to do so on the same basis as those of the Republic of Ireland.

These are welcome changes which broaden the applicability of the EUSS. It comes as no surprise, then, that the government considers the EUSS a great success. Today’s EUSS press release boasts that with over a year until the application deadline, currently set at 30 June 2021, almost 3.5 million applications to the scheme, making it the biggest scheme of its kind in British history. 3.1 million of those applications have been concluded, of which 58% were granted settled status, 41% pre-settled status and 1% had other outcomes. Other outcomes include 640 refused, 23,740 withdrawn or void and 10,030 invalid applications.

Most EUSS applications are made online, and are relatively straightforward. But the online service is not available to everyone. The EUSS sets out that applicants must send in paper applications if they don’t have biometric ID documents, or if they are applying on the basis of a derivative right to reside. The latter includes people who are not EU, EEA or Swiss citizens but are applying under the scheme as the family member of a British citizen they lived with in the EU/EEA/Switzerland, the family member of an EU/EEA/Swiss citizen who has become a British citizen, the primary carer of a British, EU, EEA or Swiss citizen, the child of an EU, EEA or Swiss citizen who used to live and work in the UK in education, or such a child’s primary carer.

Immigration lawyers and front-field workers were looking forward to this release of quarterly statistics, as the Home Office had promised to integrate paper applications into the statistics in March, something they had not previously been able to do.
Despite this promise, there is still no information about the paper routes to be found in the newly released statistics. The reason given for failing to deliver on their promise is the COVID-19 pandemic, as the statistics state that it was the Home Office’s “intention to develop electronic integration of the two systems to provide a more complete account of all applications received for the quarterly publication in May 2020, but due to the impacts of Covid-19, this has not been possible.”

The Home Office have also temporarily stopped accepting ID documents by post, which delays the processing paper applications. Nevertheless, the statistics reaffirm that the deadline to apply to the EUSS will not be extended.

Paper applications are amongst the most complex applications under the EUSS, and often represent the most vulnerable individuals in society. As a consequence of the pandemic, charities and outreach projects which assist vulnerable applicants in their applications are unable to operate. As such, the people most unlikely to apply to the EUSS on time (those without ID), and whose applications are most affected by the pandemic (as they have to submit ID documents), are quite literally being left out in the cold: they cannot currently apply, their applications are excluded from the statistics and there is reduced community assistance available. The Home Office is working hard to overcome obstacles and delays caused by the pandemic, and resume normal operation. It is only logical that they should take the same approach towards applicants dealing with hindrances on their side of the process.

In brief, other, non-EUSS related changes to the Immigration Rules include:

  • Changes to the new Start Up and Innovator visa categories, tightening the requirements that endorsing bodies have to take into account when giving their endorsement

  • A change to student visas (Tier 4), whereby all applicants who apply under Appendix W who are sponsored for their studies in the UK by a government or international scholarship agency now have to obtain written consent from the relevant organisation.

  • The new Global Talent visa has been finetuned, as the Rules merge the old Exceptional Talent visa with this new category, and minor amendments have been made at the request of the endorsing bodies.

  • Changes to the Representative of an Overseas Business visa category, restricting its scope. Representative of an Overseas Business visa holders are employees of overseas businesses which do not have a presence in the UK, to be sent to establish a branch or wholly owned subsidiary of the overseas business in the UK. The changes include that the overseas business must be active, trading and intending to maintain their principal place of business outside the UK; that applicants must have the skills, experience, knowledge and authority to represent the overseas business in the UK; and that applicants must be senior employees of the overseas business.

  • Some amendments and clarifications regarding family life, including that if an individual is granted leave as a fiancé(e) or proposed civil partner, this automatically enables the marriage or civil partnership to take place in the UK, as well as clarification for the spent period for applicants under the family rules who have been convicted and sentenced to a period of imprisonment for a period between 12 months to four years is 10 years.

Read the full explanatory note here.


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