The Rules are being altered in several ways, such as the Afghanistan Relocations and Assistance Policy (ARAP), the regulations pertaining to victims of human trafficking or slavery, the Seasonal Worker visa, and the Ukraine Extension Scheme.
On various days starting today, the modifications take effect.
Tom Pursglove, MP, the Minister of State for Immigration, provided a written summary of the modifications to the Parliament. He said,
“My Rt Hon Friend the Home Secretary is presenting a Statement of Changes in Immigration Rules to the House today.
“The changes include the clarification of the Afghan Relocations and Assistance Policy (ARAP) Immigration Rules, which state that before an Afghan citizen or an eligible family member applies for entry clearance or settlement on their behalf with the Home Office, the Ministry of Defense determines the citizen’s eligibility.
The Afghan ex-gratia plan, which expires on November 30, 2022, has been removed from the Immigration Rules as of that date. Additional ARAP family members who were previously decided outside the Immigration Rules have now been brought under the Rules.
With the introduction of the Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery, the Government has made it clear that confirmed victims of human trafficking or slavery are eligible for temporary permission to stay in the UK as part of the New Plan for Immigration for the first time in primary legislation (the Nationality and Borders Act 2022).
The addition of Temporary Permission to Stay to the Immigration Rules is consistent with the government’s needs-based strategy for assisting those who have been the victims of human trafficking or slavery. Subject to the exceptions listed in section 65 of the Nationality and Borders Act 2022, Temporary Permission to Stay makes it clear that confirmed victims—adults and children—who have needs for psychological and physical recovery resulting from their exploitation in human trafficking or slavery—are entitled to temporary permission to stay where it is required to help them recover from the harm caused by their exploitation. These regulations also make it clear that those seeking compensation for the relevant exploitation must have submitted a valid application in order to be taken into consideration for temporary permission to stay. They also state that temporary permission to stay may be available to victims who assist public authorities with ongoing investigations or criminal proceedings in the UK.
On January 30, 2023, the Temporary Permission to Stay system will go operational. With the help of these guidelines, decisions will be easier to understand and will be made more quickly.
To meet a true seasonal labour requirement in the run-up to Christmas that isn’t apparent in other industries, the Seasonal Worker visa route is being expanded to include jobs in the poultry industry. Workers who process poultry under occupation codes 5433 (such as processor) or 5431 (such as butcher) must be paid a minimum of £25,600 annually. Each hour that any other poultry workers put in must be compensated with £10.10, and they must work a minimum of 30 hours each week. The purpose of these rules is to deter the subpar conditions that are frequently observed in the industry.
When a person is subject to a travel ban imposed by the UK or the UN, changes are being made that allow for the refusal and cancellation of entrance clearance. The individual’s ability to enter the UK will not change as a result. It will merely make it simpler to administer the same result.
Additionally, changes are being made to the Ukraine Extension Scheme, which allows Ukrainian nationals who had permission to enter or remain in the UK on March 18, 2022 (or who had authorisation that had expired on or after that date) to extend their stay in the country.
These adjustments will lengthen the programme so that Ukrainian citizens who receive permission to travel or remain in the UK for any period between 18 March 2022 and 16 May 2023 may apply for and receive a 36-month visa. In addition, a new deadline of November 16, 2023 for scheme applications will be added.
Finally, we are also doing away with the requirement that a migrant register with the police, as the police registration scheme in its current form is out-of-date and no longer benefits the Home Office or the police in terms of public protection.
Changes to the Immigration Rules and the larger immigration system since the scheme’s last revision in 1998 have increased the number of people who are screened before travelling to the UK and enable the Home Office to identify those who are of concern earlier in the course of their interactions with them. It is not necessary for the police to hold such vast amounts of data when they do not need to do so for the majority of law-abiding migrants because the Home Office already collects the information a migrant provides to the police during registration and makes it available to the police upon request.
Therefore, removing the need that migrants register with the police will lessen the administrative burden placed on the police, the Home Office, and migrants themselves.
The Law Commission’s report, “Simplifying the Immigration Rules,” to which the Government provided a response on March 25, 2020, also served as the basis for the simplification of these regulations. On October 18, 2022, the required updates to the Immigration Rules will be submitted. As there is a small window for workers to enter the UK to perform employment in the poultry sector, the amendments to the Seasonal Worker route—including the inclusion of the poultry sector—will go into effect on 18 October 2022. The application deadline for poultry work is November 15, 2022, and the workers must depart the UK by December 31, 2022. The worry is that workers might not apply if the implementation date was later because they might think it is not worth it for such a brief period. The sector has already been informed of this strategy through the Defra Food Strategy, so they are ready and preparing for this transition.
The amendments to the Afghan Relocations and Assistance Policy (ARAP) on 30 November 2022 and the introduction of the new Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery on 30 January 2023 will take effect,” reads the statement. “The changes to simplify the process for giving effect to travel bans, changes to the Ukraine Extension Scheme, and the elimination of the police registration scheme.