Tuesday, November 5, 2024

Visa regime for Jordan, ETA expansion among key changes in first statement of changes to the Immigration Rules by new Labour government

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The first statement of changes to the Immigration Rules made under the new Labour government has been published today.

You can download the 78-page statement here (HC 217). The accompanying explanatory memorandum is here. All documents can be accessed from here on GOV.UK.

There are plenty of changes, with the explanatory memorandum highlighting five main changes and numerous minor changes. Changes take effect on various dates, from 3pm today through to 11 March 2025. Most changes will take effect next month.

The five main changes identified by the explanatory memorandum include the reimposition of a visa regime on Jordan. According to the Home Office, there has been a significant increase in Jordanian nationals who have travelled to the UK for purposes that are not permitted under the visit and Electronic Travel Authorisation (ETA) provisions following the lifting of the previous visa regime in February 2024. The number of asylum claims made by Jordanian nationals has risen significantly since February.

Other main changes identified in today’s statement of changes include the expansion of the ETA scheme to cover all nationalities that currently travel to the UK visa-free, with a set date for the new requirement. The Parliamentary Under-Secretary of State for Migration and Citizenship explained: “In November 2024, the ETA scheme will open to all nationals travelling to the UK who do not currently need a visa, except Europeans, and will be a travel requirement from 8 January 2025. In March 2025, the scheme will then be extended to European nationals and will be a requirement for travel from 2 April 2025, completing the rollout of the ETA scheme.” An ETA is a digital permission to travel to the UK. According to an earlier Home Office factsheet, an ETA costs £10, permits multiple journeys and is valid for two years or until the holder’s passport expires. Updated Home Office guidance on applying for an ETA is available here.

Today’s statement of changes introduces a new Diplomatic Visa Arrangement that will replace Diplomatic Visa Waivers for select diplomatic passport holders, offering a tailored visa for official travel. A VIP Delegate Visa has also been introduced for a limited number of delegates accompanying heads of state and ministers on official visits, featuring a streamlined application process. 

Additionally, fee waivers will be available for destitute bereaved partners and dependents, as well as veterans from the Gurkha and Hong Kong military units discharged before 1 July 1997. A Home Office press release here has more details on the fee waivers for bereaved partners facing destitution. The Government says the change forms part of a fairer and more compassionate approach to those wishing to stay in the UK and facing acute financial vulnerability during times of grief.

Numerous minor changes are also being made, which are outlined in paragraphs 5.24 to 5.49 of the explanatory memorandum. Changes will affect:

  • Appendix EU
  • Appendix Student
  • Appendix Child Staying with or Joining a Non-Parent Relative (Appendix CNP)
  • Appendix HM Armed Forces
  • Appendix International Armed Forces and International Civilian Employees
  • Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997
  • Appendix Continuous Residence
  • Appendix Finance
  • Appendix ECAA (Settlement)
  • Appendix Hong Kong British National (Overseas) (BN(O))
  • Appendix Skilled Worker
  • Appendix Skilled Occupations
  • Appendix Immigration Salary list
  • Appendix Sports Governing Bodies
  • Appendix Government Authorised Exchange schemes
  • Appendix Temporary Work – Creative Worker
  • Appendix Temporary Work – International Agreement
  • Appendix ATAS: Academic Technology Approval Scheme (ATAS)
  • Appendix Administrative Review

Seema Malhotra, the Parliamentary Under-Secretary of State for Migration and Citizenship, provided the following details on today’s changes in a written statement to Parliament:

Statement

My rt hon Friend the Home Secretary is today laying before the House a Statement of Changes in Immigration Rules.

Introduction of a Visa requirement on Jordan

We are today introducing a visa requirement on all visitors from Jordan. Nationals of Jordan will also be required to obtain a direct airside transit visa if they intend to transit via the UK having booked travel to another country. The visa requirement comes into force at 15.00 BST today.

Consequential to this, nationals of Jordan will no longer be eligible to travel to the UK with an Electronic Travel Authorisation (ETA).

There will be a four-week, visa-free transition period for those who already hold an ETA and confirmed bookings to the UK obtained on or before 15:00 BST 10 September 2024 where arrival in the UK is no later than 15:00 BST 8 October 2024.

Arrangements are in place so that Jordanian nationals can apply for visas. We are publicising the changes so travellers are aware and can plan accordingly.

We are taking this action due to an increase in the number of Jordanian nationals travelling to the UK for purposes other than what is permitted under visitor rules since the visa requirement was lifted in February 2024. This has included a significant and sustained increase in asylum claims, and high rates of refusals at the border due to people travelling without the intention of visiting for a permitted purpose. This increase in asylum claims and refusals has added significantly to operational pressures at the border, resulting in frontline resource being diverted from other operational priorities.

The decision to introduce a visa requirement has been taken solely for migration and border security reasons. Our relationship with Jordan remains a strong and friendly one. Any decision to change a visa status is not taken lightly and we keep the border and immigration system under regular review to ensure it continues to work in the UK national interest.

Implementation of the UK Electronic Travel Authorisation (ETA) scheme

On 25 October 2023, the UK Electronic Travel Authorisation (ETA) scheme was launched to secure our borders and make the UK safer, by enhancing our ability to screen travellers upstream. The scheme applies to those passengers visiting or transiting the UK, who do not currently need a visa for short stays and do not have a valid UK immigration status prior to travelling.

Currently, the ETA scheme applies to nationals of Qatar, Bahrain, Kuwait, Oman, United Arab Emirates and Saudi Arabia. The Government will complete the implementation of the scheme, in a phased manner to all remaining non-visa nationalities. In November 2024, the ETA scheme will open to all nationals travelling to the UK who do not currently need a visa, except Europeans, and will be a travel requirement from 8 January 2025. In March 2025, the scheme will then be extended to European nationals and will be a requirement for travel from 2 April 2025, completing the rollout of the ETA scheme. The complete list of ETA nationalities is detailed in the accompanying Statement of Changes at Appendix ETA National List at ETANL 1.1.

Once fully rolled out, the ETA scheme will close the current gap in advance permissions and mean that for the first time, we will have a comprehensive understanding of those travelling to the UK.

End Diplomatic Visa Waivers and introduce a “Diplomatic Visa Arrangement” (DVA) Visitor visa

The UK’s border is being transformed to include digital pre-travel checks. As part of this, Diplomatic Visa Waivers (DVWs) are being phased out. Diplomatic Visa Arrangement (DVA) visitor visas are being introduced to replace DVWs. DVAs will ensure diplomatic passport holders from countries that have benefited from DVW, who are nominated by their governments through a Note Verbale, will continue to benefit from smooth and efficient access to the UK. DVAs will provide a bespoke visitor visa for eligible diplomatic passport holders. Applications will be made through a light-touch application form, but application fees and the requirement to submit fingerprints will be waived. The route aims to support and better facilitate diplomatic travel to the UK and will also enable DVA visitors to undertake a range of standard visitor activities. These changes will not impact accredited diplomats who are free, or “exempt” from immigration control.

Introduction of the VIP Delegate Visa

We are launching the VIP Delegate Visa, a bespoke visa product targeted at delegations accompanying foreign Heads of State and serving Government Ministers on official visits to the UK. This product is a global offer, balancing the UK’s bilateral considerations and aligning more closely with the approach of international partners. This product will be capped at an upper limit of twenty issues for government official delegates accompanying Heads of State, and ten for government official delegates accompanying serving Government Ministers. Those applying for this product will have their application assessed under the Immigration Rules, supported by a Note Verbale process, but application fees and the requirement to submit fingerprints will be waived.

Changes to Appendix Bereaved Partner and Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997

Currently, a bereaved partner who has no other route to stay must leave the UK if they cannot afford the fee for settlement. So, we are changing the relevant rules to allow bereaved partners and their dependants to benefit from a fee waiver if they are destitute. Equivalent changes are being made to the Immigration and Nationality (Fees) Regulations 2018, which are also being laid in Parliament today. The provision of a fee waiver to those who are destitute will allow them to settle in the UK at the time they are most vulnerable.

Changes to the EU Settlement Scheme (EUSS)

We are making some changes to the Immigration Rules in Appendix EU for the EUSS, which, in accordance with the Citizens’ Rights Agreements, enables EU, other European Economic Area and Swiss citizens living in the UK before the end of the transition period on 31 December 2020, and their family members, to obtain the UK immigration status they need to continue living in the UK. The changes include referring to the scope to automatically convert pre-settled status under the EUSS to settled status where the person qualifies for this and without the need for them to make a further valid application, and to require a joining family member to apply to the EUSS within three months of their first (not latest) arrival in the UK since the end of the transition period (or later where there are reasonable grounds for their delay).

These changes to the Immigration Rules are being laid on 10 September 2024. For the changes regarding Jordan, due to safeguarding the operation of the UK’s immigration system, those changes will come into effect at 15.00 BST on 10 September 2024. The changes regarding Appendix Bereaved Partner and Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 will come into effect on 9 October 2024, changes regarding the VIP Delegate Visa will come into effect on 10 October 2024, changes to introduce a “Diplomatic Visa Arrangement” (DVA) Visitor visa will come into effect on 18 February 2025 and associated changes to end Diplomatic Visa Waivers will come into effect on 11 March 2025.

All other changes will come into effect on 8 October 2024.

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