New statement of changes to the Immigration Rules: HC 1534

[vinny]

New statement of changes to the Immigration Rules: HC 1534 > Statement of changes to the Immigration Rules: HC 1534, 11 October 2018

[JulietSoul]

I see that applicants who get their passports back during an application would not be able to travel outside the UK without their application becoming withdrawn, if one applies after November 1st - is that correct?
This is a really terrible change!

[vinny]

Yes.

Statement of changes to the Immigration Rules: HC 1534, 11 October 2018

Withdrawn applications for leave to remain in the United Kingdom

34J. The proof of identity provided under paragraph 34(5) will be returned to the applicant whilst their application is being considered, unless the Secretary of State considers it necessary to retain it. Where the Secretary of State has retained an applicant’s proof of identity and the applicant requests the return of their passport for the purpose of travel outside the common travel area, the application for leave shall, provided it has not already been determined, be treated as withdrawn on the date that request is received by the Home Office.

34K. Where proof of identity provided under paragraph 34(5) has been returned to the applicant pending a decision on their application for leave to remain and the applicant travels outside the common travel area their application for leave to remain shall, provided that it has not been determined, be treated as withdrawn on the date that the applicant left the common travel area.”.

This has been true before.

[JulietSoul]

Really? So if applying for PR (EEA4) as a family member of a British Citizen (Surinder Singh) before November 1st, once I get my passport back I cannot travel? I have a lot of business travel. I even asked people who work at immigration at London airports what would happen if I arrived with only my passport and no visa, and they said they would check on the computer and then let me in. I never considered it would automatically cause my application to be withdrawn! Is this for sure?

[vinny]

34J, 34K apply to leave to remain applications under the Immigration rules.

Applications under the current EEA regulations are not leave to remain applications. So, they should be unaffected by these rules.

[Roreu1]

Hey I ask 1 question I’m apply pr after ror and send my ex idd.if my applaction time she travel to back home while my Pr applaction is refused or effect my applaction ? Plz replay me

[NikiGio]

New statement of changes to the Immigration Rules: HC 1534 > Statement of changes to the Immigration Rules: HC 1534, 11 October 2018

Vinny/JulietSoul,

Thanks for highlighting this - re the fact that it's now possible to provide copies rather than originals: which documents does this refer to? Passports, certificates (birth, marriage), bank statements, educational diplomas? And do we know whether we need to do certified or ordinary copies?

Thanks.

[vinny]

The changes to Part 1, and the insertion of Appendix AR (EU), made by paragraphs 1.2 to 1.17 and paragraph AR(EU)1 of this statement, and the change to Appendix SN made by paragraph SN1 of this statement, shall take effect on 1 November 2018 and will apply in respect of applications made under Appendix EU on or after that date.

The other Immigration Rules changes set out in this statement shall take effect on 5 November 2018.

In paragraph 39B(d), for “must be originals, not copies, except where stated otherwise.” substitute “may be originals or copies.”.

Evidential requirements

7.13 The Rules changes are also aimed at helping applicants to meet the evidential requirements in the Rules. To support the new application process as it can be difficult for applicants to obtain original documents, especially if they need to be obtained from overseas, the requirement to provide original documents is being removed and copies can be provided. If there are doubts about whether a document is genuine, verification rules will apply.

[NikiGio]

Thanks Vinny - I understand the changes only apply to applications sent via the UK immigration rules route, not the EEA immigration rules route.

So it looks like for PR aplications we still need to continue using originals

[JamesAlex]

What are your full UK immigration and full details of visas (what it says exactly on your visa)?
And what if you sponsor a Syrian child from there?