The latest changes to the UK Immigration Rules were recently published by the Home Office. The statement also mentions the changes to the EU visa route, which will likely impact future visa applications and their eligibility requirements.
The Home Office has given clarifications in its newly published Statement of Changes to the EU Settlement Scheme (EUSS). For those who don’t know, the EUSS was introduced to enable EU citizens and their family members to apply to stay in the UK after exiting the EU.
The Home Office also clarified conditions for long-term, unmarried partners of EU/EEA/Swiss nationals. Such individuals are allowed to apply only if they had other lawful reasons for staying in the UK before 31 December 2020.
Moreover, Appendix EU also includes the existing Zambrano concessions for primary care workers of British citizens. As a result, they can depend on this special status even if they come to the UK with a EUSS family permit. Plus, the appendix includes other visa routes that were previously available for EU migration before Brexit.
In addition to this, the right to administrative review, a formal request to the Home Office to reconsider a decision regarding immigration that it mistakenly made, has been changed. Now the person making the claim should be eligible to request a review. The changes to Appendix EU also confirm that a person refused or rejected because of eligibility and suitability issues have no right to administrative review. However, they have a right of appeal to oppose the refusal.
Lastly, there will be a withdrawal for an administrative review under Appendix EU if another application for a EUSS family permit through the EU Settlement Scheme is submitted. The same goes for applicants who apply as a Service Provider from Switzerland or an S2 healthcare visitor.
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