UK immigration update: a round-up of developments
Published on 27th Oct 2023
ETIAS delays, new rules for Uruguayans and for English language requirements, and updates to the EU Settlement Scheme
As well as the most recent adjustments to the UK Immigration Rules bringing about major changes, Uruguayan nationals have been added to the Youth Mobility Scheme, there have been further delays for the European Travel Information and Authorization System (ETIAS) and changes have been made to the EU Settlement Scheme.
More ETIAS delay
The EU's new system for travel information and authorisation appears to be heading towards yet another delay. The ETIAS was supposed to come into effect in 2021 but the system has faced numerous delays in its launch. On 21 September 2023, press reports citing EU officials announced that ETIAS will be postponed until May 2025, with a possibility for further delays.
There has been no official announcement of a further delay yet, but unnamed EU officials are being cited in the reporting of the most recent delay rumour, with the delay being chalked up to “unforeseen delays”. Press reports state that the delay is due to the EES not yet being ready. The EES – a system of interconnected e-gates at Schengen external borders – is considered a prerequisite for the commencement of ETIAS.
Uruguayan youth mobility
The Youth Mobility Scheme has been extended to applications from Uruguay nationals. As of 31 January 2024, Uruguayan nationals aged between 18 and 30 will be granted eligibility under the appendix for the Youth Mobility Scheme. The Home Office confirmed this change via the X social media platform – formally Twitter – on 17 August 2023:
The Home Office stated: “We’re increasing opportunities for young Brits and Uruguayans to live & work in either country through the Youth Mobility Scheme. From 2024, if you are aged 18-30, you can spend up to 2 years exploring new cultures and building your skills.”
It is likely that the scheme will initially welcome the first 100 applicants, as is the case for Andorran nationals, but this is yet to be confirmed.
English language requirements
Guidance has been updated to reflect that "appendix English Language" has been extended to applicants applying under the following routes: representative of an overseas business, T2 minister of religion, UK ancestry, global talent, domestic workers in a private household and Hong Kong British national (overseas) as they will now be able to demonstrate they meet the English language requirement if they have a GCSE, A level, Scottish National Qualification at level four or five, or Scottish Higher or Advanced Higher in English.
EU Settlement Scheme updates
In recent months, there have been a number of significant changes to the EU Settlement Scheme (EUSS) with the changes carrying on into next year. Email communications from the Home Office are now being circulated to status holders to update them regarding two changes: to the automatic extension of pre-settled status and the automatic upgrade to settled status.
From September 2023, pre-settled status holders who have not yet obtained settled status and are approaching the expiry date of their pre-settled status will have their status automatically extended by two years.
In addition, the Home Office has also announced that it plans to take steps during 2024 to start automatically switching pre-settled status holders to settled status, without them needing to make an application, where those people are eligible.
Although good news, the announced process disadvantages people with a complete five-year continuous residence but insufficient HMRC or Department of Pensions and Works records, such as the homeless and other vulnerable individuals. The Home Office may invite this group to apply for settled status by providing documentary evidence of their residency; however, this is yet to be confirmed.
For anyone hoping to be given settled status automatically, an additional important point to consider is the requirement for continuous residence over the five-year qualifying period. It is likely that once their continuous residence is broken, someone with pre-settled status will become ineligible for settled status.
Administrative review removed
Another significant but less welcoming change is that, from 5 October 2023, the right to an administrative review in relation to EUSS refusal and cancellation decisions made on or after the above-mentioned date has been removed.
Administrative review is a request for applications to be reviewed where there is in an error in law. The new rule appears to apply retrospectively in that any application which is decided on or after 5 October will not have an option to go for AR.
Therefore, the only avenues to challenge a refusal are through the more costly and time-consuming options to appeal to the Tribunal or apply for judicial review. This could be seen as another measure to restrict the number of applications made under the EUSS.
