Mastering Immigration Law Subscription Update September 2024
As we approach the end of 2024, the UK Visas and Immigration (UKVI) has implemented a series of notable changes to its immigration framework. These amendments, spanning multiple visa categories and application processes, introduce both new requirements and concessions that applicants should be aware of.
HJT’s Mastering Immigration Law brings these crucial immigration updates to our valued subscribers, ensuring you stay informed and prepared in this ever-changing regulatory environment.
We share a glimpse of some pivotal updates below.
Updates to Electronic Travel Authorisation Scheme (ETA)
The UK Government has announced further expansion dates for its Electronic Travel Authorisation (ETA) scheme, with two key implementation stages set for early 2025. Following the initial rollout that began in November 2023, non-European nationals will need to obtain an ETA from 8th January 2025, whilst European nationals will require one from 2nd April 2025. The scheme, which carries a £10 fee and provides two years of validity (or until passport expiry), will become mandatory for all non-visa visitors who do not hold existing UK immigration permission.
This new pre-entry requirement brings significant changes for international travellers planning to visit the UK. Applicants should be mindful that ETAs may be refused under certain circumstances, including current deportation orders, significant criminal history, previous UK overstays, or outstanding debts to the UK. The government advises travellers to factor in additional processing time when planning their journeys and to submit applications well in advance of their intended travel dates. During the implementation period, visitors are also encouraged to prepare for potential queuing delays at UK entry points.
A notable change affects Jordanian nationals, who as of 10th September 2024 are no longer eligible for the ETA scheme following their addition to the UK’s visa national list. Jordanian citizens must now apply for a standard visitor visa to enter the UK, though those who secured an ETA with confirmed travel bookings before 15:00 BST on 10th September 2024 may still use it for UK arrivals until 15:00 BST on 8th October 2024.
Updates to Fee Waiver Applications
The Home Office has updated its fee waiver guidance, incorporating applications under Appendix CNP from 8th November 2024. Children applying through this route must evidence their living arrangements with non-parent relatives, showing these relatives perform key parental duties. Applications require both the FLR (P) paper application form and a fee waiver request form.
When assessing fee waiver applications, the Home Office examines the financial circumstances of the entire family unit. The evaluation considers essential needs, children’s welfare, and overall financial situation, all requiring supporting documentation such as bank statements and proof of household expenses.
Another addition to the fee waiver application: From 9th October 2024, fee waivers are available to bereaved partners on family visas who meet destitution criteria following the death of their British citizen partner, partner with indefinite leave, or eligible European national with pre-settled status. This compassionate measure addresses the £2,885 fee burden and extends to bereaved partners of HM Armed Forces personnel, Gurkhas, and Hong Kong military unit veterans discharged before 1st July 1997.
New section introduced by the UK Visa and Immigration (UKVI) under Appendix Children of the Immigration Rules
The UK Visa and Immigration (UKVI) has introduced enhanced guidance under Appendix Children of the Immigration Rules, clarifying the requirements for child visa applications. A key focus is placed on the relationship requirements, where a child must demonstrate their dependency on a lead applicant who is either applying on the same route, already has permission on that route, or is settled in the UK or a British citizen. For cases involving single parents, the rules emphasise the need to establish sole responsibility for the child’s upbringing, which can be evidenced through court documents from the child’s country of origin.
The new guidance also introduces detailed criteria for ‘serious and compelling reasons’ that may justify granting entry clearance or permission to stay. These considerations include scenarios such as the other parent needing to remain in the family’s country of origin for work commitments or to care for relatives. Furthermore, the rules emphasise the importance of suitable care and accommodation arrangements in the UK, alongside the requirement for written parental consent in cases where children are applying independently. All decisions must prioritise the child’s best interests, as mandated by section 55 of the Borders, Citizenship and Immigration Act 2009, although this specific duty does not extend to children outside the UK.
Clarification that children of relevant EEA citizens do not have to show dependency where they turned 21 post 31 December 2020
The Home Office has clarified important guidance regarding dependency requirements for children of relevant EEA citizens applying under the EU Settlement Scheme. A key distinction has been made between applicants over and under 21 years of age, with those over 21 required to demonstrate that they cannot meet their basic needs without financial support or care from their EEA citizen parent. Notably, children under 21 are exempt from this dependency requirement and can apply as family members without proving financial or care dependency.
A significant transition provision applies to those who were under 21 on 31st December 2020 but have since turned 21. These applicants remain eligible to apply to the EU Settlement Scheme without proving dependency, provided they meet other eligibility criteria and apply within specified timeframes. This contrasts with the position prior to 1st July 2021, when dependency could be assumed in certain cases, whereas applications after this date generally require explicit proof of dependency for those over 21.
These updates merely scratch the surface of recent UK immigration changes. Our subscribers benefit from comprehensive, in-depth coverage across a broad spectrum of immigration law topics.
HJT Training remains passionate about keeping immigration advisers at the cutting edge of their field. This dedication shines through in our regular enhancements to the Mastering Immigration Law (MIL) content. Our subscribers gain access to thorough, clear-cut explanations of recent changes, equipping them to offer top-notch representation to their clients.
We take pride in delivering prompt, precise, and perceptive analysis of the ever-shifting immigration landscape. By tapping into our resources, advisers can confidently tackle the intricacies of immigration law, providing expert guidance to those who depend on their knowledge.
For our subscribers’ convenience, we’ve compiled a thorough list of all updates in the Updates & Videos module. It’s our way of ensuring you’re always in the know, ready to face whatever challenges the world of UK immigration might bring.
A comprehensive list of all the updates is listed for our subscriber’s reference under the Updates & Videos module. Please log in to access.
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HJT is pleased to also inform that the Pre Order for the latest hard copy manual 2024 edition for MIL is now in full swing. The subscription unlocks an instant access to 17 Modules with full updates to every area of UK Immigration, 15% discount on live courses with experts, CPD coverage and much more.
With a new government now in place, we anticipate further changes on the horizon and MIL will be your reliable companion throughout these times.
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Written by Shareen Khan
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