Changes in Immigration Rules

Tom Pursglove Excerpts

Monday 19th February 2024 Written Statements

[The Minister for Legal Migration and the Border (Tom Pursglove)]

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

Changes to the Ukraine schemes

Almost two years on from the start of the conflict, we continue to stand firm with the people of Ukraine and show that those who need our help are still warmly welcomed in the UK. We have extended that welcome to nearly 230,000 people who have come to the UK—or had their existing permission in the UK extended—under the Ukraine schemes. The British people have shown incredible generosity and solidarity with the Ukrainian people, opening their homes up to those seeking sanctuary.

Today, we are making changes to the Ukraine schemes to ensure they remain sustainable and meet the needs of those seeking temporary sanctuary in the UK.

We have today announced the intention to create a new Ukraine Permission Extension scheme (UPE) which will provide a new route for Ukrainians to apply for a further 18 months’ permission to stay in the UK on expiry of their current visa. We are also today reducing the length of new visas issued under the Homes for Ukraine sponsorship scheme (HFU) from 36 months to 18 months. The change to the HFU permission period is made to align with the period which will be offered to those who choose to extend their permission under the UPE. This will mean that those initially granted a visa for 36 months under the Ukraine schemes will be able to stay in the UK for a total of up to 54 months.

To ensure that visa holders have appropriate accommodation as well as the necessary in-country support to help them assimilate and thrive independently in the UK, we are also changing the sponsor eligibility under the HFU through updates to HMG guidance. Sponsors for new visas will need to be British or Irish citizens or settled in the UK—which means they have the right to live permanently in the UK. Previously, a sponsor only needed to hold at least six months’ permission to stay in the UK from the date of the visa application.

The changes to the rules and HMG guidance being made today will also apply to the eligible minor’s route for unaccompanied children, which is part of the HFU sponsorship scheme.

We are rationalising the offer for Ukrainians coming to the UK to provide one single out-of-country route (HFU) for all Ukrainians to apply to when seeking to come to the UK. Under HFU, there are accommodation checks, a minimum accommodation commitment from the sponsor and safeguarding checks, none of which feature in the Ukraine Family Scheme (UFS). The UFS was created as an immediate response to the Russian invasion and allowed UK-based British citizens and settled persons to act as sponsors for their Ukrainian family members. We are, therefore, closing the Ukraine Family Scheme (UFS) to new applications from today. This will strengthen and improve the sustainability of the schemes we provide.

Ukrainian nationals who may have previously been eligible to apply to come to the UK under the UFS will remain eligible to apply to the HFU sponsorship scheme.

To ensure Ukrainian parents who have permission to stay in the UK under the Ukraine schemes can regularise the immigration status of their UK-born children, we are also amending the rules for the Ukraine Extension Scheme (UES) to ensure it remains open beyond the current closure date of 16 May 2024 for those children.

In order to ensure the integrity of the Ukraine schemes, we are reinstating a number of the general grounds for refusal provisions, which were temporarily disapplied from the Appendix Ukraine scheme.

Changes relating to care workers and senior care workers in the skilled worker route

On 4 December 2023, the Prime Minister and Home Secretary announced a plan to curb immigration abuse and cut net migration. This plan, alongside the package we have already introduced to restrict student dependants, is expected to mean around 300,000 people who would have been eligible to come to the UK under last year’s rules would not be able to.

These changes include some of the measures announced in that package, namely preventing overseas care workers and senior care workers from bringing their dependants to the UK and requiring care providers in England who wish to sponsor migrant workers to be registered by the Care Quality Commission (CQC).

These measures will ensure we continue to protect our NHS and social care systems, while addressing significant concerns that have emerged since the introduction of the visa about high levels of non-compliance and worker exploitation and abuse within the adult social care sector, particularly for overseas workers employed within care occupations.

Care workers and senior care workers who are already in the route will be able to extend their permission with the same sponsor, and settle, without the CQC regulation requirement applying to them. They will also be able to bring dependants, including in cases where they change jobs to another sponsor who meets the CQC regulation requirement.

The changes to the Immigration Rules are being laid on 19 February 2024. The changes to close the Ukraine Family Scheme and provide one single out-of-country route for Ukrainians to come to the UK under HFU will come into effect on 19 February 2024. All other changes will come into effect on 11 March 2024.

[HCWS258]