02 Jan More changes in immigration rules announced on 7 Dec in HC 246
On 4 December, the Home Secretary announced a ‘five-point plan’ to reduce UK net immigration. On 7 December, the authority published Statement of Changes to the Immigration Rules (HC246), which can be found at
https://assets.publishing.service.gov.uk/media/6570aec3746930000d488949/E03033999_-_HC_246_-_Immigration_Rules_Changes__Web_Accessible_.pdf.
This document outlines a series of changes in different immigration routes. The changes outlined below will come into effect on either 16 January 2024 or 31 January 2024, as indicated.
Among all the changes, the most noteworthy are the visitor visa rules and the EU Settlement Scheme (EUSS), as indicated on page 14 and page 19 of the statement of changes. We will refer to the explanatory memorandum for additional details and provide further explanation.
Changes in the EUSS route — effective 16 January 2024
7.1 The changes in respect of the Immigration Rules for the EUSS in Appendix EU are as follows:
- To reflect the addition of Appendix Returning Resident to the Rules by Statement of Changes HC 1780. That Appendix applies where a person whose indefinite leave to enter or remain under the EUSS has lapsed and they wish to return to and settle in the UK.
Following the deletion of Paragraphs 18 to 19A of the Immigration Rules related to returning residents and the establishment of the new Appendix Returning Resident, the relevant rules are now reflected under EU5 of the Appendix EU.
- To prevent a valid application to the EUSS as a joining family member being made by an irregular arrival to the UK (which will include small boat arrivals) as well as by an illegal entrant to the UK, thereby reinforcing the Government’s approach to tackling illegal migration.
(f) The applicant, if they rely on being a joining family member of a relevant sponsor and where the date of application is on or after 9 August 2023, is not a specified enforcement case.
Illegal entrant and ‘an irregular arrival’ will now be categorized as a specified enforcement case.
- To require a person in the UK as a visitor to make any application to the EUSS as a joining family member within three months of their arrival (subject to reasonable grounds for any delay in applying). This is consistent with the temporary protection of rights conferred on them by the Citizens’ Rights Agreements for three months from their arrival in the UK.
Prospective individual applicants joining a family member of a relevant sponsor, who are currently in the UK as visitors, will need to submit their application to the EU Settlement Scheme (EUSS) as a joining family member within three months of their arrival. Late applications may be considered if there are reasonable grounds.
- To enable limited leave to enter or remain granted under the EUSS to be curtailed (subject to a right of appeal) where it is proportionate to do so where the person never met the requirements of Appendix EU.
LTR under the EU Settlement Scheme (EUSS) can be curtailed, including when the person has never met the requirements or ceases to meet the requirements.
Changes in Visitor visa rules — effective 31 January 2024
7.2 We are amending the permitted intra-corporate activities to remove the prohibition on working directly with clients and are introducing a requirement that client facing activity is incidental to the visitor’s employment abroad and does not amount to the offshoring of a project or service to their overseas employer.
The recent changes have eliminated the restriction on “working directly with clients” for the business visitor visa. Instead, a new mandatory requirement has been introduced and outlined in Appendix Visitor: Permitted Activities. With this update, the previous mandatory requirement of “working on a specific internal project with UK employees of the same corporate group, provided no work is carried out directly with clients”, as stated in the above-quoted appendix, is no longer in effect.
However, along with this benefit, there is an additional requirement. The business activities that the applicant engages in the UK as a visitor must be “incidental” and not primarily related to the visitor’s overseas employment. Moreover, the activity conducted by the visitor should not amount to offshoring any projects or services to their overseas employers, meaning that the applicant’s employment cannot be located in the UK.
After changes, the permitted intra-corporate activities that a business visitor can engage in include:
PA 5.1. An employee of an overseas based company may:
(a) advise and consult; and
(b) trouble-shoot; and
(c) provide training; and
(d) share skills and knowledge;
on a specific internal project with UK employees of the same corporate group.
PA 5.2. An employee of an overseas based company may also undertake the activities in PA 5.1. directly with clients, providing:
(a) the employee’s movement is in an intra-corporate setting and any client facing activity is incidental to their employment abroad; and
(b) these activities are required for the delivery of a project or service by the UK branch of the Visitor’s employer overseas, and are not part of a project or service that is being delivered directly to the UK client by the Visitor’s employer overseas.
7.3 We are making clear that visitors are permitted to work remotely whilst they are in the UK but that remote working must not be the primary purpose of their visit.
According to V4.4 in the current Appendix: Visitor: V 4.4. The Visitor must not intend to:
(a) work in the UK, which includes:
(i) taking employment in the UK; and
(ii) doing work for an organisation or business in the UK; and
(iii) establishing or running a business as a self-employed person; and
(iv) doing a work placement or internship; and
(v) direct selling to the public; and
(vi) providing goods and services;
unless expressly allowed by the permitted activities in Appendix Visitor: Permitted Activities, Appendix Visitor: Permit Free Festival List or the Permitted Paid Engagements in V 13.3.
The Home Office now wishes to make it clear that working remotely in the UK for an overseas employer is allowed. This will not be regarded as ‘work in the UK’ as long as remote working is not the primary purpose of the visit. This clarification resolves any confusion caused by the present regulations and ensures that visitors can engage in flexible work arrangements. Remote work is recognized as a modern work mode globally.
7.5 We are allowing scientists, researchers and academics to conduct research in the UK as part of their visit. Currently scientists and researchers can only conduct independent research, and academics can only conduct research for their own purposes if they are on sabbatical leave from their home institution. These changes will not apply to academics applying for a 12 month visit visa, or if they are applying to extend their permission from within the UK.
According to paragraphs 11.1-11.2 of the current Appendix Visitor: Permitted Activities, scientists and academics are currently only allowed to gather information and carry out research individually and directly related to one project linked to their overseas employment. The Home Office is now proposing to remove these limitations, allowing them to conduct research without such restrictions. However, this exemption doesn’t apply during the 12-month period of an academic visitor visa or permission extension application in the UK. In the latter case, additional eligibility requirements listed in Appendix Visitor would need to be fulfilled.
After the changes, the new rule is:
PA 11. 1. Academics, scientists, and researchers may:
(a) take part in formal exchange arrangements with UK counterparts (including doctors); and
(b) collaborate, gather information and facts, or conduct research, either for a specific project which directly relates to their employment overseas, or independently; and
(c) if they are an eminent senior doctor or dentist, take part in research, teaching or clinical practice, provided this does not amount to filling a permanent teaching post.
7.6 We are expanding the permitted activities for legal professionals.
The activities permitted for legal professionals, outlined in PA12.2, are set to be expanded and broadened as follows:
PA 12.2. An overseas lawyer may provide legal services including:
(a) advice; and
(b) appearing in arbitrations; and
(c) acting as an arbitrator or mediator; and
(d) acting as an expert witness; and
(e) appearing in court in jurisdictions which allow short term call or where qualified in that jurisdiction; and
(f) conferences, teaching; and
(g) providing advocacy for a court or tribunal hearing; and
(h) litigation; and
(i) transactional legal services, including drafting contracts
7.7 We are allowing speakers at conferences to be paid for this activity, by including this in the list of Permitted Paid Engagements (PPE).
The Permitted Paid Engagement Visitor is allowed to engage in the permitted paid engagements listed in Appendix V: Visitor at V13.3 and all permitted activities in Appendix Visitor: Permitted Activities, excluding study as described in PA 17 and transit as described in PA 18. Notably, paid speakers at conferences will now be included in V13.3.
7.8 We are moving the provisions of the Permitted Paid Engagement Visitor route into the Standard Visitor route. This means all visitors will be able to undertake PPE without the need for a special visa. However, visitors intending to undertake PPE must still have arranged their PPE activity prior to travel to the UK, and this must be undertaken within 30 days of arrival in the UK as a Visitor.
The Home Office aims to transfer Permitted Paid Engagement to the Standard Visitor route. Consequently, Standard Visitors will have the opportunity to partake in Permitted Paid Engagement activities in the future. It is essential to emphasize that individuals planning to engage in a PPE must arrange their activities before traveling to the UK and complete them within 30 days of arrival.
As previously stated, the current Permitted Paid Engagement (PPE) visitor is permitted to engage in all authorized activities except for study. The integration of these two routes implies the removal of such restrictions.
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