Immigration Rules Change

Seema Malhotra Excerpts

Tuesday 26th November 2024 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)]

My right hon. Friend the Home Secretary is today laying before the House a statement of changes in immigration rules.

Introduction of a visa requirement on Colombia

We are today introducing a visa requirement on all visitors from Colombia. Nationals of Colombia 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 GMT today.

Consequently, the planned change to allow nationals of Colombia to apply for an electronic travel authorisation from 27 November 2024 for travel to the UK from 8 January 2025 will no longer be introduced.

There will be a four-week, visa-free transition period for those who already hold confirmed bookings to the UK obtained on or before 15:00 GMT 26 November 2024, where arrival in the UK is no later than 15:00 GMT, 24 December 2024. Arrangements are in place so that Colombian nationals can apply for visas. We are publicising the changes so that travellers are aware and can plan accordingly.

We are taking this action due to an increase in the number of Colombian nationals travelling to the UK for purposes other than those permitted under visitor rules since the visa requirement was lifted in November 2022. 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 Colombia 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.

Changes relating to the Ukraine schemes

Almost three years on from the start of the conflict, we continue to stand firm with the people of Ukraine, and to show that those who need our help are still warmly welcomed in the UK. We have extended that welcome to nearly 250,000 people who have come to the UK (or had their existing permission in the UK extended) under the Ukraine schemes. To provide future certainty, in February, the UK Government announced that Ukrainians with permission under one of the Ukraine schemes would be able to extend their permission for a further 18 months through the creation of a new Ukraine permission extension scheme. Applications are due to open in early 2025, and the immigration rules we lay today will provide people with further certainty about their future by outlining the requirements of the new scheme.

The bespoke scheme will provide the same rights and entitlements to access work, benefits, healthcare, and education that Ukrainians have enjoyed under the existing schemes. The scheme will also be fee-free, with applications being accepted within the last 28 days of their current permission—in line with most other visas routes—to ensure Ukrainians have sufficient time to apply to the scheme.

Ukraine permission extension scheme opening

The overarching principle of UPE is to provide continued sanctuary in the UK for those who still need it while the war in Ukraine continues. Under the principles of the Ukraine schemes, UPE will continue our generous offer to those Ukrainians, and their eligible family members, who are already here. It is open to those who have previously been granted permission in the UK under the Ukraine schemes (or leave outside the rules on the same basis) who meet the criteria for applying. Applicants will also be required to have been resident in the UK (and islands) and/or Ukraine since holding permission under the Ukraine schemes.

Individuals should apply before their current permission expires. This is important, because as is the case with all other visa routes, those who allow their permission to lapse will lose their rights to receive benefits and healthcare, and to work and rent. Work is under way to mitigate any risks associated with this, and my Department will continue to work closely with other Departments, and in particular with my right hon. Friend the Secretary of State for Works and Pensions, to ensure that people make an application in time.

Under UPE, there will need to be adequate care and accommodation arrangements in place for children, in order to meet our safeguarding obligations. Where a child is not in the UK with their parent, we will seek parental consent to confirm their current living situation. In some cases, referral to the local authority where the child is living will be necessary. We are also aware that different members of some family units under the Ukraine schemes will currently have differing periods of permission, as they may have applied to come to the UK at different times due to their personal circumstances. Due to this, where a Ukrainian child is resident in the UK with their parent and both hold permission under the Ukraine schemes, the child’s period of permission granted to them under UPE will be aligned with that of their parent. We believe there is merit in aligning with the parent in the best interests of the child.

Ukraine extension scheme closure

In May this year, we closed the Ukraine extension scheme to all individuals, except to UK-born children with a parent who has, or has had, Ukraine scheme permission; they have still been able to apply under UES to regularise their permission in the UK. Upon the opening of the UPE scheme in early 2025, we will close the UES route completely, and UK-born children will instead apply through UPE, though they will not need to have had prior permission. This will streamline the visa routes by channelling all in-country applications through UPE, removing any confusion that might otherwise be created by having two “extension” schemes open at the same time. There is no change to the eligibility requirements for UK-born children in this regard.

Ending use of open-ended permission to travel letters

Additionally, we are ending the use of permission to travel letters in the Ukraine schemes. PTT letters were issued as part of an exceptional biometric deferral application process, implemented in response to the full-scale invasion of Ukraine, to allow those fleeing war to quickly reach sanctuary in the UK. However, this process closed to new applicants on 7 December 2023, and all Ukraine scheme applicants are now required to attend a visa application centre to provide their biometrics before travelling.

We have provided advanced notice to applicants who have been issued with a PTT letter but not yet travelled to the UK, to ensure that any individual who wishes to use it has the opportunity to do so before restrictions take effect. Any applicants who have not travelled to the UK when the restrictions take effect will be informed that their PTT letters can no longer be used. The Homes for Ukraine scheme will remain open and uncapped for those who wish to reapply for sanctuary in the UK. This change is therefore not a reduction of support for Ukraine, and the UK Government remain steadfast in their support for Ukraine and the Ukrainian people.

Changes to long residence route

We have always been clear that the Ukraine schemes provide temporary sanctuary in the UK only while the war in Ukraine remains ongoing, and that they are not a route to settlement in the UK. This is in line with the express wishes of the Ukrainian Government, who will need their nationals to return to help rebuild the country when it is safe to do so. To reflect this, we are making a minor change to the eligibility requirements for the long residence route, to make it clear that permission to stay in the UK under the Ukraine schemes, including the new UPE, cannot be used to qualify for permission to stay or settlement under the long residence route. This change brings the rules in step with the already established policy position.

These changes to the immigration rules are being laid on 26 November 2024. On the changes that introduce a visa requirement on Colombia, due to the need to safeguard the operation of the UK’s immigration system, those changes will come into effect at 15:00 GMT on 26 November 2024.

The changes regarding the long residence route will come into effect on 18 December 2024; the changes to open the Ukraine permission extension scheme and close the Ukraine extension scheme will come into effect on 4 February 2025; and the changes to end the use of open-ended permission to travel letters will come into effect on 13 February 2025.

[HCWS250]