Statement of changes to the Immigration Rules: HC 246, 7 December 2023 (accessible)

Question 1

Implementation

Accepted Answer

The following paragraph shall take effect at 1500 on 7 December 2023.

HC1160.1

The following paragraphs shall take effect on 28 December 2023.

1.1 to 1.4
7.1
9.2
APP RR1 and APP RR2
APP VN1

The following paragraphs shall take effect on 16 January 2024.

8.4
8.9
APP EU1 to APP EU7

The following paragraphs shall take effect on 31 January 2024.

APP AF1 and APP AF2
APP AF4
APP FM1 and APP FM2
APP FM6
APP FM9
APP FM11
APP FM12
APP FM-SE1
APP SW1 and APP SW2
APP MOR1 and APP MOR2
APP ROB1 and APP ROB 2
APP UKA2 and APP UKA3
APP GT1 and APP GT2
APP SCU1 and APP SCU2
APP INNF1 to APP INNF4
APP ISP1 and APP ISP2
APP DW1 to APP DW3
APP HK1 to APP HK6
APP ADR1 and APP ADR2
APP PL1 to APP PL3

The following paragraphs shall take effect on 31 January 2024. In relation to those changes, if an application for entry clearance, leave to enter or leave to remain, has been made before 31 January 2024, such applications will be decided in accordance with the Immigration Rules in force on 30 January 2024.

INTRO1
INTRO2
INTRO3
1.5 to 1.8
5.1 to 5.8
8.1 to 8.3
8.5 to 8.8
9.1
14.1 and 14.2
APP AR1 and APP AR2
APP AF3
APP FM3 to APP FM5
APP FM7 and APP FM8
APP FM10
APP FM13 to APP FM19
APP V1 to APP V12
APP PA1 to APP PA10
APP PFF1
APP UKA1
APP SGB1
APP YMS1 to APP YMS4
APP YMSEN1 and APP YMSEN2
APP CRV1 and APP CRV2
APP IA1 and APP IA2
APP GAE1 and APP GAE2
APP GAES1 to APP GAES7
APP EL1 and APP EL2
APP RR3 and APP RR4
APP CHI1 to APP CHI5
APP S1
APP VDA1
APP BP1

Question 2

Review

Accepted Answer

Before the end of each review period, the Secretary of State undertakes to review all of the relevant Immigration Rules including any Relevant Rule amended or added by these changes. The Secretary of State will set out the conclusions of the review in a report and publish the report.

The report must in particular:

consider each of the Relevant Rules and whether or not each Relevant Rule achieves its objectives and is still appropriate; and
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation

“Review period” means:

the period of five years beginning on 6 April 2017; and
subject to the paragraph below, each successive period of 5 years

If a report under this provision is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.

“Relevant Rule” means an Immigration Rule which:

imposes requirements, restrictions or conditions, or sets standards, in relation to any activity carried on by a business or voluntary or community body; or

relates to the securing of compliance with, or the enforcement of, requirements, restrictions, conditions or standards which relate to any activity carried on by a business or voluntary or community body.

Question 3

Changes to Introduction

Accepted Answer

Intro1. In paragraph 6.2, for the definition of “Partner” substitute:

““Partner” means a person’s:

spouse; or
civil partner; or
unmarried partner, where the couple have been in a relationship similar to marriage or civil partnership for at least 2 years.”.

Intro2. In paragraph 6.2, delete the definition of “Permitted Paid Engagement Visitor”.

Intro3. In paragraph 6.2, after the definition of “Week” insert: ““Wet Lease Agreement” has the same meaning as ‘wet lease agreement’ in Regulation (EC) No 1008/2008 of the European Parliament and of the Council.”.

Question 4

Changes to Part 1

Accepted Answer

1.1. In paragraph 11A(g), for “.”, substitute “; or”.

1.2. In paragraph 11A, after subparagraph (g), insert:

“(h) a person aged 18 or under, studying at a school or educational institution in France registered with the French Ministry of Education and seeking to enter the UK as part of a school party of 5 or more pupils organised by that school or institution.”.

1.3. In paragraph 11B, for “subparagraphs (c) to (g)”, substitute “subparagraphs (c) to (h)”.

1.4. After paragraph 11B, insert:

“11C. For the purposes of paragraphs 11A(h) and VN 7.0, that person must be listed in a completed and authenticated “France-UK School Trip Travel Information Form” (published by the Home Office on the gov.uk website) in the possession of an adult arriving at the border with responsibility for supervising the party’s travel.”.

1.5. For paragraph 28A, substitute:

“28A (a) An application for entry clearance under Appendix Temporary Work-Creative Worker or Appendix International Sportsperson, where the applicant is applying for a period of permission of 12 months or less, may also be made at the post in the country or territory where the applicant is situated at the date of application, provided that:

(i) the post has been designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant; and
(ii) the applicant is in that country or territory for a similar purpose to the activity they propose to undertake in the UK; and
(iii) the applicant is able to demonstrate to the Entry Clearance Officer that they have been given permission to live in that country or territory in accordance with its immigration laws.

b) An application for entry clearance under Appendix Global Talent or Appendix Youth Mobility Scheme may be made at the post in the country or territory where the applicant is situated at the date of application, provided that:

(i) the post has been designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant; and
(ii) the applicant is able to demonstrate to the Entry Clearance Officer that they have been given permission to live in that country or territory in accordance with its immigration laws and that the permission was given for a period of more than 6 months.”.

1.6. Delete paragraph A34(k).

1.7. In paragraph 34(5)(c)(iv), delete “or section DVILR of Appendix FM to these Rules”.

1.8. For paragraph 34(5)(c)(v), substitute:

“(v) the application is made under Part 14 of these rules, for leave as the family member of a stateless person; or”.

Question 5

Changes to Part 5

Accepted Answer

5.1. Delete paragraph 158.

5.2. Delete paragraph 158-SD Specified documents.

5.3. Delete paragraph 167.

5.4. Delete paragraph 167-SD Specified documents.

5.5. Delete paragraph 168.

5.6. Delete paragraph 184.

5.7. Delete paragraph 184-SD Specified documents.

5.8. Delete paragraph 185.

Question 6

Changes to Part 7

Accepted Answer

7.1. After paragraph 276A(c) (the first time it occurs), delete:

“(c) “lawful residence” does not include time spent on immigration bail.”.

Question 7

Changes to Part 8

Accepted Answer

8.1. In the last line of paragraph A277A(b), for “; or” substitute “.”.

8.2. Delete paragraph A277A(c).

8.3. For paragraph A277B, substitute:

“A277B. Where the Secretary of State is considering an application for limited leave to remain or indefinite leave to remain to which Part 8 of these rules continues to apply (excluding an application from a family member of a Relevant Points Based System Migrant or Appendix W Worker) and where the application does not meet the requirements for indefinite leave to remain (where the application is for indefinite leave to remain) or limited leave to remain under Part 8 in force at the date of decision:

(a) the application will also be considered as a partner, parent or child under Appendix FM (family life) in line with paragraphs R-LTRP.1.1.(a),

(b) and (d), R-LTRPT.1.1.(a), (b) and (d), R-LTRC.1.1.(a), (b) and (d) and under Appendix Private Life; and - if the applicant meets the requirements for leave as a partner, parent or child under the relevant paragraphs of Appendix FM or under Appendix Private Life (except the requirement for a valid application under that route), the applicant will (subject to compliance with any requirement to pay an Immigration Health Charge notified under paragraph A277D(b)) be granted leave. If the applicant meets provisions in both Appendix FM and Appendix Private Life, the applicant will be granted on Appendix Private Life if the applicant is a child or young adult (as that provides a shorter route to settlement), otherwise the applicant will be granted on Appendix FM; and

(c) if the applicant is granted leave under those provisions, the period of the applicant’s continuous leave under Part 8 at the date of application will be counted towards the period of continuous leave which must be completed before the applicant can apply for indefinite leave to remain under paragraph 276B or Appendix Settlement Family Life or Appendix Private Life.”.

8.4. In paragraph A280AA, for “conditions in Part 15 of these rules” substitute “ATAS condition in Appendix ATAS”.

8.5. After paragraph A283, insert:

“A284. From 31 January 2024, an application for settlement from a victim of domestic abuse (and any dependent children), must be made under Appendix Victim of Domestic Abuse and an application for settlement from a bereaved partner (and any dependent children), must be made under Appendix Bereaved Partner (and any application for settlement will not be considered under this Part).”.

8.6. Delete paragraph 287(b).

8.7. Delete paragraphs 289A to 289D.

8.8. Delete paragraphs 295M to 295O.

8.9. In paragraph 319D(b)(iv), for “condition set out in Part 15 of these Rules” substitute “ATAS condition in Appendix ATAS”.

Question 8

Changes to Part 9

Accepted Answer

9.1. After 9.1.1 (q), insert:

“9.1.2. Part 9 applies to the following:

(a) Appendix Victim of Domestic Abuse, except paragraph 9.8.4.(a)
(b) Appendix Bereaved Partner, except paragraph 9.8.4.(a).”.

9.2. For paragraph 9.18.1, substitute:

“9.18.1. A person granted settlement may return to the UK where, although having been absent from the UK and Islands, that permission has not lapsed, but where that permission has lapsed, Appendix Returning Resident applies if the person wants to return to and settle in the UK.

9.18A.1. A person granted settlement who is seeking entry to the UK may be refused permission to enter if they fail to satisfy the decision maker that their leave has not lapsed, and they do not have entry clearance granted under Appendix Returning Resident.”.

Question 9

Changes to Part 14

Accepted Answer

14.1. Delete paragraphs 401 to 416.

14.2. After deleted paragraph 416, insert:

“417. Applications made on or after 31 January 2024 by an applicant who has, or last had, permission to enter or stay as a family member under Part 14 will be decided under the Part 14 rules in force on 30 January 2024. An application by a child born in the UK to a parent who has either permission to enter or stay under Part 14 as a stateless person or is the partner of a stateless person will be decided under the Part 14 rules in force on 30 January 2024. In any other case, the partner or child of a stateless person must apply for permission under Appendix FM.”

418. In respect of applicants applying under these transitional provisions, paragraph 411(b) also includes family members of a stateless person granted permission to stay under Appendix Statelessness where the stateless person previously had permission to stay under Part 14.”.

Question 10

Changes to Appendix AR: administrative review

Accepted Answer

APP AR1. After paragraph AR 3.2(p), insert:

“(q) A decision on an application for settlement as:

(i) a Victim of Domestic Abuse under Appendix Victim of Domestic Abuse; or
(ii) the dependent child of a Victim of Domestic Abuse under Appendix Victim of Domestic Abuse; or
(iii) a Bereaved Partner under Appendix Bereaved Partner; or
(iv) the dependent child of a Bereaved Partner under Appendix Bereaved Partner.
(r) A decision on an application for permission to stay as:
- (i) a Stateless person under Appendix Statelessness ; or
- (ii) the partner or dependent child of a Stateless person under Part 14.”.

APP AR2. After paragraph AR 5.2(m), insert:

“(n) An eligible decision is also a refusal of an application for entry clearance as:

(i) a Victim of Domestic Abuse under Appendix Victim of Domestic Abuse; or
(ii) the dependent child of a Victim of Domestic Abuse under Appendix Victim of Domestic Abuse; or
(iii) a Bereaved Partner under Appendix Bereaved Partner; or
(iv) the dependent child of a Bereaved Partner under Appendix Bereaved Partner.”.

Question 11

Changes to Appendix Armed Forces

Accepted Answer

APP AF1. For paragraph 2(h), substitute:

“(h) “partner” includes the applicant’s fiancé(e) or proposed civil partner (unless a different meaning of partner applies elsewhere in this Appendix).

APP AF2. Delete paragraphs 34 to 41.

APP AF3. Delete paragraphs 51 to 54.

APP AF4. For paragraph 74(a), substitute:

“(a) the applicant’s partner or the applicant’s parent’s partner must be receiving one or more of the following:

Disability Living Allowance; or
Severe Disablement Allowance; or
Industrial Injuries Disablement Benefit; or
Attendance Allowance; or
Carer’s Allowance; or
Personal Independence Payment; or
Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; or
Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or
Police Injury Pension; or
Child Disability Payment; or
Adult Disability Payment; and”.

Question 12

Changes to Appendix EU

Accepted Answer

APP EU1. For paragraph EU5., substitute:

“EU5. A person granted indefinite leave to enter or remain under this Appendix may resume their residence in the UK where, having been absent from the UK and Islands, that leave has not lapsed under article 13 of the Immigration (Leave to Enter and Remain) Order 2000. Where that leave has lapsed under that provision, Appendix Returning Resident to these Rules applies if the person wants to return to and settle in the UK.”.

APP EU2. For paragraph EU9(f), substitute:

“(f) The applicant, if they rely on being a joining family member of a relevant sponsor and where the date of application is on or after 9 August 2023, is not a specified enforcement case.”.

APP EU3. In Annex 1, delete the entry for ‘illegal entrant’ in the table.

APP EU4. In Annex 1, in the definition of ‘required date’, for sub-paragraph (a)(viii), substitute:

“(viii) (in the case of an applicant to whom the deadline in sub- paragraph (a)(i)(aa), (a)(ii)(aa) or (a)(iii)(aa) above applies, who has, or had, limited leave to enter or remain granted under another part of these Rules or outside the Immigration Rules (except where such leave is, or was, as a visitor) or by virtue of having arrived in the UK with an entry clearance that was granted under Appendix EU (Family Permit) to these Rules, which has, or had, not lapsed or been cancelled, curtailed or invalidated, and the date of expiry of that leave (which they have held, or did hold, continuously since before that deadline) is, or was, after that deadline, the Secretary of State will deem that to be reasonable grounds for the person’s failure to meet that deadline), so that the date of application is: (aa) before the date of expiry of that leave; or

(bb) (where the deadline in sub-paragraph (a)(viii)(aa) above was not met and the Secretary of State is satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s delay in making their application) after the date of expiry of that leave; or”.

APP EU5. In Annex 1, after the entry for ‘specified date’ in the table, insert:

“Specified enforcement case

a person who is:

an “illegal entrant” within the meaning given in section 33(1) of the Immigration Act 1971 (save that, in respect of the reference there to “deportation order”, the definition of ‘deportation order’ in this table does not apply); or
an irregular arrival”.

APP EU6. In Annex 1, after the entry for ‘valid evidence of their indefinite leave to enter or remain’, insert:

“Visitor means a person granted permission under paragraphs 40- 56Z, 75A-M or 82-87 of the rules in force before 24 April 2015 or Appendix V on or after 24 April 2015 or Appendix V: Visitor after 9am on 1 December 2020, or a person to whom article 4 or 6 of the Immigration (Control of Entry through Republic of Ireland) Order 1972 applies, unless (in either case):

they are the spouse or civil partner of a relevant sponsor (as described in sub-paragraph (a)(i)(bb) of the entry for ‘joining family member of a relevant sponsor’ in this table) or the specified spouse or civil partner of a Swiss citizen; and
their leave permitted them to marry or form a civil partnership in the UK with that relevant sponsor or with that Swiss citizen and they did so”.

APP EU7. In Annex 3, for A3.4.(c), substitute:

“(c) the person ceases to meet, or never met, the requirements of this Appendix.”.

Question 13

Changes to Appendix FM

Accepted Answer

APP FM1. In GEN.1.1, after “(and the applicant cannot seek entry clearance or permission as their family member under Appendix Family Reunion (Protection) of these rules),”, insert “is in the UK with permission as a Stateless person,”.

APP FM2. For GEN 1.2, substitute:

“GEN.1.2. For the purposes of this Appendix “partner” includes the applicant’s fiancé(e) or proposed civil partner (unless a different meaning of partner applies elsewhere in this Appendix).”.

APP FM3. Delete paragraph GEN.3.2.(4).

APP FM4. In E-ECP.2.1.(e), for “.”, substitute “; or”.

APP FM5. After E-ECP.

“ - (f) in the UK with permission as a Stateless person.”.

APP FM6. For E-ECP.3.3. (a), substitute:

“(a) the applicant’s partner must be receiving one or more of the following -

(i) Disability Living Allowance; or
(ii) Severe Disablement Allowance; or
(iii) Industrial Injuries Disablement Benefit; or
(iv) Attendance Allowance; or
(v) Carer’s Allowance; or
(vi) Personal Independence Payment; or
(vii) Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; or
(viii) Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or
(ix) Police Injury Pension; or
(x) Child Disability Payment; or
(xi) Adult Disability Payment; and”.

APP FM7. In E-LTRP.1.2.(e), for “.”, substitute “; or”.

APP FM8. After E-LTRP.1.2.(e), insert:

“(f) in the UK with permission as a Stateless person.”.

APP FM9. For E-LTRP.3.3. (a), substitute:

“(a) the applicant’s partner must be receiving one or more of the following:

Disability Living Allowance; or
Severe Disablement Allowance; or
Industrial Injuries Disablement Benefit; or
Attendance Allowance; or
Carer’s Allowance; or
Personal Independence Payment; or
Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; or
Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or
Police Injury Pension; or
Child Disability Payment; or
Adult Disability Payment; and”.

APP FM10. In EX.1(b), after “GEN.1.3.(e),”, insert “or in the UK with permission as a Stateless person,”.

APP FM11. For E-ECC.2.3.(a), substitute:

“(a) the applicant’s parent’s partner must be receiving one or more of the following:

Disability Living Allowance; or
Severe Disablement Allowance; or
Industrial Injuries Disablement Benefit; or
Attendance Allowance; or
Carer’s Allowance; or
Personal Independence Payment; or
Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; or
Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or
Police Injury Pension; or
Child Disability Payment; or
Adult Disability Payment; and”.

APP FM12. For E-LTRC.2.3.(a), substitute:

“(a) the applicant’s parent’s partner must be receiving one or more of the following:

Disability Living Allowance; or
Severe Disablement Allowance; or
Industrial Injuries Disablement Benefit; or
Attendance Allowance; or
Carer’s Allowance; or
Personal Independence Payment; or
Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; or
Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or
Police Injury Pension; or
Child Disability Payment; or
Adult Disability Payment; and”.

APP FM13. In E-ILRP.1.3.(1A), for “or (e)” insert “, (e) or (f)”. APP FM14. Delete BPILR.1.1.

APP FM15. Delete E-BPILR.1.1. to E-BPILR.1.4. APP FM16. Delete D-BPILR.1.1. to D-BPILR.1.3. APP FM17. Delete DV.ILR.1.1.

APP FM18. Delete E-DVILR.1.1. to E-DVILR.1.3. APP

FM19. Delete D-DVILR.1.1. to D-DVILR.1.3.

Question 14

Changes to Appendix FM – SE

Accepted Answer

APP FM-SE1. For paragraph 12 substitute:

“12. Where a person is in receipt of:

Disability Living Allowance; or
Severe Disablement Allowance; or
Industrial Injuries Disablement Benefit; or
Attendance Allowance; or
Carer’s Allowance; or
Personal Independence Payment; or
Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; or
Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or
Police Injury Pension; or
Child Disability Payment; or
Adult Disability Payment,

the following must be provided:

(i) official documentation from the Department for Work and Pensions, Social Security Scotland, Veterans Agency or Police Pension Authority (as the case may be), confirming the current entitlement and the amount currently received; and
(ii) at least one personal bank statement from the 12-month period immediately before the date of application showing payment of the amount of the benefit or allowance to which the person is currently entitled into their account.”.

Question 15

Changes to Appendix V: Visitor

Accepted Answer

APP V1. In the introduction, in the fifth paragraph, for “There are 4 types of Visitor:” substitute: “There are 3 types of Visitor:”.

APP V2. In the introduction, in the fifth paragraph, delete the third bullet:

“Permitted Paid Engagement Visitor: for experts in their field coming to the UK to undertake specific paid engagements for up to one month.”.

APP V3. In V 4.4 (a), for “Appendix Visitor: Permitted Activities, Appendix Visitor: Permit Free Festival List or the Permitted Paid Engagements in V 13.3” substitute: “Appendix Visitor: Permitted Activities or Appendix Visitor: Permit Free Festival List”.

APP V4. In V 4.6 (g), for “Permitted Paid Engagements, where they have permission as a Permitted Paid Engagement Visitor.”, substitute:

“the permitted paid engagements listed in V 13.3, providing the requirements in V 13.1 and V 13.2 are met.”.

APP V5. In V 10.1, for subparagraph (a), substitute:

“(a) intend to undertake one (or more) of the following activities for up to 12 months:

take part in formal exchange arrangements with UK counterparts (including doctors); or
carry out research for their own purposes, if they are on sabbatical leave from their home institution; or
if they are an eminent senior doctor or dentist, take part in research, teaching or clinical practice, provided this does

not amount to filling a permanent teaching post;

and”.

APP V6. For V 13.1, substitute:

“Where the applicant is seeking to come to the UK to undertake a permitted paid engagement, they must be aged 18 or over when they enter the UK.”.

APP V7. In V 13.3 (f), for “.” substitute: “; and”.

APP V8. In V 13.3, after sub-paragraph (f), insert:

“(g) a speaker coming to the UK to give a one-off or short series of talks and speeches, where they have been invited to a conference or other event.”.

APP V9. In V 15.2, for sub-paragraph (a), substitute:

“(a) continue to intend to:

take part in formal exchange arrangements with UK counterparts (including doctors); or
carry out research for their own purposes, if they are on sabbatical leave from their home institution; or
if they are an eminent senior doctor or dentist, take part in research, teaching or clinical practice, provided this does not amount to filling a permanent teaching post; and”.

APP V10. In V 17.1(b) for “Appendix Visitor: Permitted Activities, Appendix Visitor: Permit Free Festival List or the Permitted Paid Engagements in V 13.3.”, substitute: “Appendix Visitor: Permitted Activities or Appendix Visitor: Permit Free Festival List”.

APP V11. For V 17.2, substitute:

“Entry clearance and permission to enter as a Visitor will be granted for the periods set out in the following table:

	Visitor type	Maximum initial length of stay in the UK
(a)	Standard Visitor	up to 6 months except: (i) a Visitor who is coming to the UK for private medical treatment may be granted entry clearance for up to 11 months; (ii) an academic (or the accompanying partner or child of such an academic), who is employed by an overseas institution and is carrying out the specific permitted activities at V 10.1 (a), may be granted entry clearance for up to 12 months; (iii) a Visitor under the Approved Destination Status Agreement may be granted entry clearance for up to 30 days.
(b)	Marriage/Civil Partnership Visitor	up to 6 months
(c)	Transit Visitor	up to 48 hours, except for permission to enter as a Transit Visitor under the Transit Without Visa Scheme which may be granted until 23:59 hours on the next day after the day the applicant arrived in the UK.

”

APP V12. In V 17.3 (c), for “Appendix Visitor: Permitted Activities at PA 11.2.” substitute: “V 10.1 (a),”.

Question 16

Changes to Appendix Visitor: Permitted Activities

Accepted Answer

APP PA1. For PA 1, substitute:

“PA 1. Visitors are permitted to undertake the following activities:

	Visitor type	Visitors of this type can
(a)	Standard Visitor	do all permitted activities in Appendix Visitor: Permitted Activities, except Visitors under the Approved Destination Status Agreement may only do the activities in PA 2(a).
(b)	Marriage/Civil Partnership Visitor	marry or form a civil partnership, or give notice of marriage or civil partnership, and do all permitted activities in Appendix Visitor: Permitted Activities, other than study as described in PA 17 and the permitted paid engagements in PA 19.
(c)	Transit Visitor	transit the UK as described in PA 18.

”

APP PA2. In PA 4. (g), for “UK.” substitute: “UK; and”.

APP PA3. After PA 4. (g), insert:

“(h) undertake activities relating to their employment overseas remotely from within the UK, providing this is not the primary purpose of their visit.”.

APP PA4. For PA 5, substitute:

“PA 5.1. An employee of an overseas based company may:

advise and consult; and
trouble-shoot; and
provide training; and
share skills and knowledge;

on a specific internal project with UK employees of the same corporate group.

PA 5.2. An employee of an overseas based company may also undertake the activities in PA 5.1. directly with clients, providing:

the employee’s movement is in an intra-corporate setting and any client facing activity is incidental to their employment abroad; and
these activities are required for the delivery of a project or service by the UK branch of the Visitor’s employer overseas, and are not part of a project or service that is

being delivered directly to the UK client by the Visitor’s employer overseas.”.

APP PA5. In PA 9.1 (g), for “.” substitute: “; or”.

APP PA6. After PA 9.1. (g), insert:

“(h) between 01 March and 31 October a pilot or cabin crew member may work in the UK temporarily under the terms of a Civil Aviation Authority approved Wet Lease Agreement, providing they remain employed and renumerated overseas.”.

APP PA7. For PA 11.1, substitute:

“PA 11. 1. Academics, scientists, and researchers may:

(a) take part in formal exchange arrangements with UK counterparts (including doctors); and
(b) collaborate, gather information and facts, or conduct research, either for a specific project which directly relates to their employment overseas, or independently; and
(c) if they are an eminent senior doctor or dentist, take part in research, teaching or clinical practice, provided this does not amount to filling a permanent teaching post.”.

APP PA8. Delete PA 11.2.

APP PA9. For PA 12.2, substitute:

“PA 12.2. An overseas lawyer may provide legal services including:

advice; and
appearing in arbitrations; and
acting as an arbitrator or mediator; and
acting as an expert witness; and
appearing in court in jurisdictions which allow short term call or where qualified in that jurisdiction; and
conferences, teaching; and
providing advocacy for a court or tribunal hearing; and
litigation; and
transactional legal services, including drafting contracts.”,

APP PA10. After PA 18, insert:

“Permitted Paid Engagements

PA 19. A Visitor may undertake the permitted paid engagements in V 13.3, providing they are completed within 30 days of the Visitor’s entry to the UK, and the requirements of V 13.1. to V 13.2. are met.”.

Question 17

Changes to Appendix Visitor: Permit Free Festival List

Accepted Answer

APP PFF1. For “Birmingham, Sandwell & Westside Jazz Festival” substitute: “Birmingham Jazz & Blues Festival”.

Question 18

Changes to Appendix Visitor: Visa national list

Accepted Answer

APP VN1. After paragraph VN 6.5, insert:

“Exception where the Visitor is a person aged 18 or under on an organised trip from a school in France

VN 7.0. Nationals or citizens of any country who are aged 18 or under, studying at a school or educational institution in France registered with the French Ministry of Education and seeking to enter the UK as part of a school party of 5 or more pupils organised by that school or institution, do not need entry clearance before they travel to the UK as a Visitor.”.

Question 19

Changes to Appendix Skilled Worker

Accepted Answer

APP SW1. For SW 19.4, substitute:

“SW 19.4. An application which does not meet the validity requirements for settlement as a Skilled worker may be rejected as invalid and not considered.”.

APP SW2. For SW 37.3, substitute:

“SW 37.3. An application which does not meet the validity requirements for settlement as a partner or child of a Skilled Worker may be rejected as invalid and not considered.”.

Question 20

Changes to Appendix T2 Minister of Religion

Accepted Answer

APP MOR1. For MOR 11.4, substitute:

“MOR 11.4. An application which does not meet all the validity requirements for settlement for a T2 Minister of Religion may be rejected as invalid and not considered.”.

APP MOR2. For MOR 28.3, substitute:

“MOR 28.3. An application which does not meet all the validity requirements for settlement as a partner or child of a T2 Minister of Religion may be rejected as invalid and not considered.”.

Question 21

Changes to Appendix Representative of an Overseas Business

Accepted Answer

APP ROB1. For ROB 12.4, substitute:

“ROB 12.4. An application which does not meet the validity requirements for settlement as a Representative of an Overseas Business may be rejected as invalid and not considered.”.

APP ROB2. For ROB 31.4, substitute:

“ROB 31.4. An application which does not meet all the validity requirements for settlement as a partner or child on the Representative of an Overseas Business route may be rejected as invalid and not considered.”.

Question 22

Changes to Appendix UK Ancestry

Accepted Answer

APP UKA1. For UKA 1.5, substitute:

“UKA 1.5. An applicant who is applying for permission to stay must be in the UK on the date of application and must have previously been granted permission on the UK Ancestry route as a person with UK Ancestry.”.

APP UKA2. For UKA 10.4, substitute:

“UKA 10.4. An application which does not meet all the validity requirements for settlement on the UK Ancestry route may be rejected as invalid and not considered.”.

APP UKA3. For UKA 28.4, substitute:

“UKA 28.4. An application which does not meet the validity requirements for settlement as a partner or child on the UK Ancestry route may be rejected as invalid and not considered.”.

Question 23

Changes to Appendix Global Talent

Accepted Answer

APP GT1. For GT 8.4, substitute:

“GT 8.4. An application which does not meet all the validity requirements for settlement on the Global Talent route may be rejected as invalid and not considered.”.

APP GT2. For GT 25.3, substitute:

“GT 25.3. An application which does not meet the validity requirements for settlement as a partner or child on the Global Talent route may be rejected as invalid and not considered.”.

Question 24

Changes to Appendix Scale-up

Accepted Answer

APP SCU1. For SCU 13.4, substitute:

“SCU 13.4. An application which does not meet the validity requirements for settlement as a Scale-up Worker may be rejected as invalid and not considered.”.

APP SCU2. For SCU 30.3, substitute:

“SCU 30.3. An application which does not meet the validity requirements for settlement as a partner or child of a Scale-up Worker may be rejected as invalid and not considered.”.

Question 25

Changes to Appendix Innovator Founder

Accepted Answer

APP INNF1. For INNF 1.5A(b)(ii), substitute:

“(ii) have completed at least 24 months of study on that course.”.

APP INNF2. For INNF 15.4, substitute:

“INNF 15.4 An application which does not meet all the validity requirements for settlement as an Innovator Founder may be rejected as invalid and not considered.”.

APP INNF3. For INNF 22.4A(b)(ii), substitute:

“(ii) have completed at least 24 months of study on that course.”.

APP INNF4. For INNF 32.3, substitute:

“INNF 32.3. An application which does not meet all the validity requirements for settlement as a partner or child of an Innovator Founder may be rejected as invalid and not considered.”.

Question 26

Changes to Appendix International Sportsperson

Accepted Answer

APP ISP1. For ISP 12.4, substitute:

“ISP 12.4. An application which does not meet all the validity requirements for settlement as an International Sportsperson may be rejected as invalid and not considered.”.

APP ISP2. For ISP 30.3, substitute:

“ISP 30.3. An application which does not meet the validity requirements for settlement as a partner or child of an International Sportsperson may be rejected as invalid and not considered.”.

Question 27

Changes to Appendix Sports Governing Bodies

Accepted Answer

APP SGB1. In the list of governing bodies, after “Cycling”, insert new entry,

Darts

“ The Darts Regulation Authority ”.

Question 28

Changes to Appendix Domestic Workers in a Private Household

Accepted Answer

APP DW1. For DW 7.4, substitute:

“DW 7.4. An application which does not meet all the validity requirements for settlement as a Domestic Worker in a Private

Household may be rejected as invalid and not considered.”.

APP DW2. For DW 14.5, substitute:

“DW 14.5. An application which does not meet all of the validity requirements for a partner or child of a Domestic Worker in a Private Household may be rejected as invalid and not considered.”.

APP DW3. For DW 23.4, substitute:

“DW 23.4. An application which does not meet all the validity requirements for settlement as a partner or child of a Domestic Worker in a Private Household may be rejected as invalid and not considered.”.

Question 29

Changes to Appendix Youth Mobility Scheme

Accepted Answer

App YMS1. For YMS 1.4.(a), substitute:

“(a) a national of Australia, Canada, New Zealand or the Republic of Korea aged 35 or under on the date of application; or”

App YMS2. In YMS 4.1, for “Australia, Canada, Monaco or New Zealand”, substitute “Australia, Canada, Japan, Monaco, New Zealand or the Republic of Korea”.

App YMS3. In YMS 4.2, for row 1, substitute:

“

1

Hong Kong Taiwan

The applicant must:

- have been issued with an invitation to apply in accordance with the invitation to apply arrangements set out in Appendix Youth Mobility Scheme: eligible nationals; and

- have made their application within any time limit specified on that invitation to apply.

.”.

App YMS4. In YMS 4.2, insert row 6:

“

6	Uruguay	The applicant must provide a Certificate of
Judicial Records that has been issued no more
than 6 months before the date of application.

”.

Question 30

Changes to Appendix Youth Mobility Scheme: eligible nationals

Accepted Answer

App YMSEN1. After 1C, insert:

“1D. The maximum total allocation of places available for use by nationals or citizens of Uruguay participating in the Youth Mobility Scheme in 2024 is 500.

1E. The maximum total allocation of places available for use by nationals or citizens of Japan participating in the Youth Mobility Scheme in 2024 is 6000.”.

1F. The maximum total allocation of places available for use by nationals or citizens of the Republic of Korea participating in the Youth Mobility Scheme in 2024 is 5000.”.

App YMSEN2. For 2, substitute:

“2. Where places are being allocated under the Youth Mobility Schemes for the countries or territories listed below, the Home Office will apply invitation to apply arrangements:

Hong Kong
India
Taiwan.”.

Question 31

Changes to Appendix Temporary Work- Creative Worker

Accepted Answer

APP CRV1. For CRV 7.1, substitute:

“CRV 7.1 The applicant must meet the parental consent requirement for “applicant not applying as a dependent child” in Appendix Children.”.

APP CRV2. Delete CRV 7.2.

Question 32

Changes to Appendix Temporary Work- International Agreement

Accepted Answer

APP IA1. For IA 14.4 (a), substitute:

“IA 14.4(a) the period of the role on the Certificate of Sponsorship plus 14 days after that period; or”.

APP IA2. For IA 14.5 (a), substitute:

“IA 5(a) the period of the role on the Certificate of Sponsorship plus

14 days after that period; or”.

Question 33

Changes to Appendix Government Authorised Exchange

Accepted Answer

APP GAE1. For GAE 9.1, substitute:

“GAE 9.1 The applicant must meet the parental consent requirement for applicant not applying as a dependent child in Appendix Children.”.

APP GAE2. Delete GAE 9.2.

Question 34

Changes to Appendix Government Authorised Exchange schemes

Accepted Answer

APP GAES1. Above the list of schemes, for the title of third column’s header, substitute “Sponsor”.

APP GAES2. In the list of schemes, delete the entry “BAE Systems Training, Intern and Graduate Programme”,

APP GAES3. In the list of schemes, delete the entry “GTI intern scheme”.

APP GAES4. In the list of schemes, delete the entry “The Ofgem International Staff Exchange Scheme”.

APP GAES5. In the list of schemes, below the entry for “AIESEC internships”,

insert:

“

BAE Systems Training, Intern and Graduate Programme

Programme designed to allow individuals to train alongside BAE Systems in the UK.

BAE systems

Research and training programme. Maximum 24 months

All UK

”.

APP GAES6. In the list of schemes, below the entry for “Glasgow Caledonian University International exchange programme”, insert: “

GTI intern scheme

Designed for employers, the GTI Intern programme is a government approved scheme which allows graduates and undergraduates to gain intern experience working within UK industry. It provides organisations with the scope to include the brightest and best global talent on their internship programmes in the UK

GTI Recruiting Solutions

Work experience programme Maximum 12 months

All UK

”.

APP GAES7. In the list of schemes, below the entry for “NPL Guest Worker and Secondment Scheme”, insert:

“

The Ofgem International Staff Exchange Scheme

A scheme to promote cooperation and mutual understanding between Ofgem and similar regulatory agencies overseas

Office of Gas & Electricity Markets (Ofgem)

Work experience programme Maximum 12 months

England

“.

Question 35

Changes to Appendix Hong Kong British National (Overseas)

Accepted Answer

APP HK1. For HK 13.5, substitute:

“HK 13.5. If the applicant and the BN(O) Status Holder are not married or in a civil partnership, all the following requirements must be met:

they must have been in a relationship similar to marriage or civil partnership for at least 2 years before the date of application; and
any previous relationship of the applicant or the BN(O) Status Holder with another person must have permanently broken down; and
they must not be so closely related that they would not be allowed to marry in the UK.”.

APP HK2. For HK 23.6, substitute:

“HK 23.6. An application which does not meet the validity requirements for the BN(O) Household Member route may be rejected as invalid and not considered.”.

APP HK3. For HK 32.4, substitute:

“HK 32.4. An application which does not meet the validity requirements for a dependent partner or dependent child on the BN(O)

Household Member route may be rejected as invalid and not considered.”.

APP HK4. For HK 35.5, substitute:

“HK 35.5. If the applicant and the BN(O) Household Member are not married or in a civil partnership, all the following requirements must be met:

they must have been in a relationship similar to marriage or civil partnership for at least 2 years before the date of application; and
any previous relationship of the applicant or the BN(O) Household Member with another person must have permanently broken down; and
they must not be so closely related that they would not be allowed to marry in the UK.”.

APP HK5. For HK 45.5, substitute:

“HK 45.5. An application which does not meet the validity requirements for a BN(O) Adult Dependent Relative on the Hong Kong British National (Overseas) route may be rejected as invalid and not considered.”.

APP HK6. For HK 55.3, substitute:

“HK 55.3. An application which does not meet the validity requirements for settlement on the BN(O) route may be rejected as invalid and not considered.”.

Question 36

Changes to Appendix Adult Dependent Relative

Accepted Answer

APP ADR1. For ADR 1.4, substitute:

“ADR 1.4. An application which does not meet all the validity requirements for the Adult Dependent Relative route may be rejected as invalid and not considered.”.

APP ADR2. For ADR 10.4, substitute:

“ADR 10.4. An application which does not meet all the validity requirements for settlement as an Adult Dependent Relative may be rejected as invalid and not considered.”.

Question 37

Changes to Appendix Private life

Accepted Answer

APP PL1. For PL 1.4, substitute:

“PL 1.4. An application which does not meet all the validity requirements for the Private Life route may be rejected as invalid and not considered.”.

APP PL2. For PL 11.4, substitute:

“PL 11.4. An application which does not meet all the validity requirements for settlement on the Private Life route may be rejected as invalid and not considered.”.

APP PL3. For PL 19.5, substitute:

“PL 19.5. An application which does not meet all the validity requirements for a child born in the UK of a person on the Private Life route may be rejected as invalid and not considered.”.

Question 38

Changes to Appendix English Language

Accepted Answer

APP EL1. For the introductory paragraph in Appendix English Language, substitute:

“This Appendix sets out how the English language requirement is met.

It applies only to applications under Appendix Student, Appendix Skilled Worker, Appendix Representative of an Overseas Business, Appendix T2 Minister of Religion, Appendix International Sportsperson, Appendix UK Ancestry, Appendix Global Talent,

Appendix Start-up, Appendix Innovator Founder, Appendix Domestic Worker in a Private Household, Appendix High Potential Individual, Appendix Settlement Family Life, Appendix Private Life, Appendix Scale Up, Appendix Child staying with or joining a Non-Parent Relative (Protection), Appendix Hong Kong British National (Overseas), Appendix Victim of Domestic Abuse and Appendix Bereaved Partner.

The route sets out whether the English language requirement must be met and at what level.”.

APP EL2. After EL2.4(n), insert:

“; or

settlement on the Appendix Bereaved Partner route; or
entry clearance or settlement on the Appendix Victim of Domestic Abuse route.”.

Question 39

Changes to Appendix Returning Resident

Accepted Answer

APP RR1. Delete RR 1.3.

APP RR2. After RR 3.2, insert:

“RR 3.3. A person applying for entry clearance must have previously been granted settlement in the UK which has lapsed by operation of law due to their absence from the UK.”.

APP RR3. For RR 7.1, substitute:

“RR 7.1. The applicant must meet the parental consent requirement for

“applicant not applying as a dependent child” in Appendix Children.”.

APP RR4. Delete RR 7.2.

Question 40

Changes to Appendix Children

Accepted Answer

APP CHI1. In the introduction to ‘Applicant applying as a dependent child’, substitute:

This section applies to the following routes (to the extent set out in the route), where the applicant is applying as a dependent child:

Appendix Bereaved Partner
Appendix Domestic Workers in a Private Household
Appendix Global Business Mobility – Senior or Specialist Worker
Appendix Global Business Mobility – Graduate Trainee
Appendix Global Business Mobility – UK Expansion Worker
Appendix Global Business Mobility – Service Supplier
Appendix Global Business Mobility – Secondment Worker
Appendix Global Talent
Appendix Graduate
Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997
Appendix High Potential Individual
Appendix Innovator Founder
Appendix International Sportsperson
Appendix Representative of an Overseas Business
Appendix Scale-up
Appendix Skilled Worker
Appendix Start-up
Appendix Student
Appendix Temporary Work – Creative Worker
Appendix Temporary Work – Religious Worker
Appendix Temporary Work – Charity Worker
Appendix Temporary Work – International Agreement
Appendix Temporary Work – Government Authorised Exchange
Appendix T2 Minister of Religion
Appendix UK Ancestry
Appendix Victim of Domestic Abuse

APP CHI2. For CHI 3.1.(d), substitute:

“(d) P is settled or has become a British citizen, providing P had permission on the UK Ancestry route when they settled or became a British citizen and the applicant is applying on the UK Ancestry route.”.

APP CHI3. For CHI 4.2, substitute:

“CHI 4.2 The applicant must:

(a) have last been granted permission as a dependent child of P in CHI 4.1; or
(b) have been born in the UK and be applying as a child of P in CHI 4.1; or
(c) where the application is under Appendix UK Ancestry, the applicant must be applying as a child of P in CHI 4.1; or
(d) where (a), (b) and (c) do not apply and the application is under Appendix Bereaved Partner or Appendix Victim of Domestic Abuse, the applicant must have been born overseas after P’s grant of permission as a partner and be applying as a child of P in CHI 4.1.”.

APP CHI4. For CHI 4.3, substitute:

“CHI 4.3 The applicant’s other parent (who is not the person (P)) in CHI 4.1. must be being granted settlement at the same time, or be settled or a British citizen, unless:

(a) the person (P) in CHI 4.1. is the applicant’s sole surviving parent or has sole responsibility for the applicant’s upbringing; or
(b) the decision maker is satisfied that there are serious and compelling reasons to grant the applicant settlement; or
(c) the applicant is applying as a dependent child under Appendix Victim of Domestic Abuse.”.

APP CHI5. In the introduction to ‘Applicant not applying as a dependent child’, substitute:

“This section applies to the following routes, where the applicant is not applying as a dependent child under:

Appendix Child Student
Appendix International Sportsperson
Appendix Returning Resident
Appendix Short-term Student (English language)
Appendix Student
Appendix Temporary Work – Creative Worker
Appendix Temporary Work – Government Authorised Exchange
Appendix UK Ancestry.”.

Question 41

Insertion of Appendix Statelessness

Accepted Answer

APP S1. After Appendix Returning Resident, insert:

“Appendix Statelessness

This route is for a person in the UK who has no nationality and so is stateless, and is unable to become, or obtain a status leading to becoming, a permanent resident of another country.

A partner or child of a stateless person can apply to stay in the UK under Part 14: Stateless Person on or after the 31 January 2024 if they have or last had permission as a partner or child under Part 14: Stateless Person. A child born in the UK to a parent who has either permission to enter or stay as a stateless person or is the partner of a stateless person can also apply for permission to stay under Part 14. For those eligible to apply under Part 14 as a partner or child of a stateless person, the Part 14 rules in place on the 30 January 2024 will apply.

In any other case, a partner or child of a stateless person (who is not themselves stateless and therefore applying in their own right) can apply to join or remain with a Stateless person in the UK under Appendix FM.”.

The Stateless route is a route to settlement.

Validity requirements for a Stateless person

S 1.1. A person applying for permission to stay as a Stateless person must apply online on the gov.uk website on the specified form

“Further Leave to Remain – Stateless person”.

S 1.2. An application for permission to stay as a Stateless person must meet all the following validity requirements:

the applicant must have provided any required biometrics; and
the applicant must have satisfactorily established their identity; and
the applicant must be in the UK on the date of application.

S 1.3. An application which does not meet all the validity requirements for a Stateless person may be rejected as invalid and not considered.

Suitability requirements for a Stateless person

S 2.1. The applicant must not fall for refusal under Part 9: Grounds for refusal.

S 2.2. The applicant must not be excluded from protection under the 1954 Convention relating to the Status of Stateless Persons (‘1954 Statelessness Convention’) on the basis that they are:

at present receiving protection or assistance from organs or agencies of the United Nations, other than the United Nations High Commissioner for Refugees; or
recognised by the competent authorities of a country in which they have taken residence as having the rights and obligations which are attached to the possession of the nationality of that country.

S 2.3. The applicant must not be excluded from protection under the 1954 Statelessness Convention on the basis that there are serious reasons for considering that they have:

committed a crime against peace, a war crime, or a crime

against humanity, as defined in the international instruments drawn up to make provisions in respect of such crimes; or

committed a serious non-political crime outside the UK prior to their arrival in the UK; or
been guilty of acts contrary to the purposes and principles of the United Nations.

Eligibility requirements for a Stateless person

S 3.1. The applicant must be a person who is not considered as a national by any state under the operation of its law, as set out in Article 1(1) of the 1954 Statelessness Convention.

S 3.2. The applicant must have taken all reasonable steps, but nonetheless failed to:

acquire, or re-acquire, nationality with the competent authorities of any relevant countries; and
establish a right to admission as a permanent resident, or a status leading to permanent residence, in any relevant countries.

S 3.3. If the applicant is a child born in the UK, their parent or legal guardian must have taken all reasonable steps to register the child’s birth with the competent authorities and have been unsuccessful.

S 3.4. The applicant must have obtained and submitted all reasonably available evidence to show they meet the requirements in S 3.1. and S 3.2 and, if the applicant is a child, S 3.3.

Decision on application by a Stateless person

S 4.1. If the decision maker is satisfied that all the suitability and relevant eligibility requirements are met for a Stateless person the application will be granted, otherwise the application will be refused.

S 4.2. If the application is refused, the person can apply for an Administrative Review under Appendix AR: Administrative Review.

Period of grant and conditions of permission for a Stateless person

S 5.1. The applicant will be granted permission to stay for 5 years. S 5.2. The grant will be subject to the following conditions:

work (including self-employment and voluntary work) permitted; and
study is permitted, subject to the ATAS condition in Appendix ATAS; and
access to public funds.

Question 42

Settlement as a Stateless person

Accepted Answer

Validity requirements for settlement as a Stateless person

S 6.1. A person applying for settlement as a Stateless person must apply online on the gov.uk website on the specified form “Further Leave to Remain - Stateless”.

S 6.2. An application for settlement must meet all the following validity requirements:

the applicant must have provided any required biometrics; and
the applicant must satisfactorily establish their identity; and
the applicant must be in the UK on the date of application.

S 6.3. The applicant must have, or have last been granted, permission as a Stateless person.

S 6.4. An application which does not meet the validity requirements for settlement as a Stateless person may be rejected as invalid and not considered.

Suitability requirements for settlement as a Stateless person

S 7.1. The applicant must not fall for refusal under Part 9: general grounds for refusal.

S 7.2. The applicant must not be excluded from protection under the 1954 Convention relating to the Status of Stateless Persons (‘1954 Statelessness Convention’) on the basis that they are:

at present receiving protection or assistance from organs or agencies of the United Nations, other than the United Nations High Commissioner for Refugees; or
recognised by the competent authorities of a country in which they have taken residence as having the rights and obligations which are attached to the possession of the nationality of that country.

S 7.3. The applicant must not be excluded from protection under the 1954 Statelessness Convention on the basis that there are serious reasons for considering that they have:

committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provisions in respect of such crimes; or
committed a serious non-political crime outside the UK prior to their arrival in the UK; or
been guilty of acts contrary to the purposes and principles of the United Nations.

Question 43

Eligibility requirements for settlement as a Stateless person

Accepted Answer

Qualifying period requirement for settlement as a Stateless person

S 8.1. The applicant must have spent a continuous period of 5 years in the UK with permission as a Stateless person.

S 8.2. If the applicant has not spent a period of 5 years in the UK with permission as a Stateless person, the 5 year qualifying period can be met by also counting time on any other route that includes rules allowing a person to qualify for settlement, if the applicant has had permission as a Stateless person for at least one year immediately before the date of application.

Continuing status requirement for settlement as a Stateless person

S 9.1. The applicant must continue to meet the eligibility requirements for a permission to stay as a Stateless person at S 3.1. to S 3.4, including during the period when they have had permission to stay as a Stateless person.

Decision on an application for settlement as a Stateless person

S 10.1. If the decision maker is satisfied all the suitability and relevant eligibility requirements for settlement as a Stateless person are met, the applicant will be granted settlement.

S 10.2. If the decision maker is not satisfied that all the suitability and eligibility requirements for settlement as a Stateless person are met, but is satisfied that the applicant meets the requirements for permission to stay as a Stateless person, the applicant will be granted a further period of permission to stay as a Stateless person for 5 years.

S 10.3. If the decision maker is not satisfied that the applicant meets all the suitability and eligibility requirements for settlement or permission to stay as a Stateless person, the application for settlement will be refused.

S 10.4. If the application for settlement is refused, the person can apply for an Administrative Review under Appendix AR: Administrative Review.”.

Question 44

Insertion of Appendix Victim of Domestic Abuse

Accepted Answer

APP VDA 1. After Appendix Adult Dependent Relative, insert:

Question 45

“Appendix Victim of Domestic Abuse

Accepted Answer

This route allows settlement where a person has, or was last granted, permission as a partner on a specified route and the relationship has permanently broken down due to domestic abuse.

The applicant must be in the UK, unless the applicant is overseas because they have been abandoned overseas.

Dependent children can also apply on this route.

An alternative route may be available for relevant family members under Appendix EU who are victims of domestic abuse.

Question 46

Validity requirements for the Victim of Domestic Abuse route

Accepted Answer

VDA 1.1. A person applying from outside the UK on the Victim of Domestic Abuse route must apply for entry clearance online on the gov.uk website on the specified form: “Return to the UK”.

VDA 1.2. A person applying in the UK on the Victim of Domestic Abuse route must apply online on the gov.uk website on one of the specified forms as follows:

for the Victim of Domestic Abuse, and a child applying on the Victim of Domestic Abuse route at the same time as their parent and who is included in their parent’s application, form SET (DV); or
for a child of a Victim of Domestic Abuse who is not applying at the same time as their parent, form SET (F).

VDA 1.3. An application on the Victim of Domestic Abuse route must meet all of the following validity requirements:

any fee must have been paid (unless the applicant has been granted a fee waiver); and
the applicant must have provided any required biometrics; and
the applicant must have provided a passport or other document which satisfactorily establishes their identity and nationality.

VDA 1.4. An application which does not meet all the validity requirements for the Victim of Domestic Abuse route may be rejected as invalid and not considered.

Question 47

Suitability requirements for the Victim of Domestic Abuse route

Accepted Answer

VDA 2.1. The applicant must not fall for refusal under Part 9: grounds

for refusal, but paragraph 9.8.4.(a) does not apply.

Question 48

Eligibility requirements for Victim of Domestic Abuse Route Entry requirements for the Victim of Domestic Abuse route

Accepted Answer

VDA 3.1. Where a person is outside the UK they must apply for and obtain entry clearance on the Victim of Domestic Abuse route before they arrive in the UK.

VDA 3.2. Where a person is applying for entry clearance on the Victim of Domestic Abuse route they must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

Question 49

Relationship requirements for a Victim of Domestic Abuse

Accepted Answer

VDA 4.1. The applicant must have, or have last been granted, permission as one of the following:

a partner under Appendix FM (except for permission as a fiancé(e) or proposed civil partner) of a person who is a British citizen, settled in the UK or an EEA national in the UK with limited leave to enter or remain granted under paragraph EU3 of Appendix EU on the basis of meeting condition 1 in paragraph EU14 of Appendix EU; or
a partner under Appendix FM, Part 11, or Appendix Family Reunion (Protection) of a person with permission as a refugee; or
a partner of a person present and settled in the UK under paragraph 285 or 295E of Part 8; or
a victim of domestic abuse under Appendix FM; or
a partner under Appendix Armed Forces or Part 7 (except for permission as a fiancé(e) or proposed civil partner), of any of the below:
- a person who is a British citizen; or
- a foreign and commonwealth citizen with at least 4 years’ reckonable service in HM Forces at the date of application under this paragraph or
- a member of HM Armed forces who has applied for or been granted permission or settlement as a foreign and commonwealth citizen discharged from HM Armed Forces. or
leave outside the rules granted under the Migrant Victims of Domestic Abuse Concession (formerly the destitution domestic violence concession (DDVC)), and before that were last granted permission under one of the categories defined in VDA

4.1(a) to (e).

VDA 4.2. The relationship between the applicant and their partner must have broken down permanently as a result of domestic abuse.

VDA 4.3. If the applicant is applying from outside the UK, they must have been abandoned outside the UK.

Question 50

Requirements for a child of a Victim of Domestic Abuse

Accepted Answer

VDA 5.1. The applicant must meet the following requirements for a dependent child in Appendix Children:

relationship requirement for settlement; and
care requirement; and
age and independent life requirement.

Question 51

English language requirements for a child of a Victim of Domestic Abuse

Accepted Answer

VDA 6.1. If the applicant is applying as a child and is aged over 18, the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening of at least level B1.

VDA 6.2. The applicant must show they meet the English language requirement or that an exemption applies, as specified in Appendix English Language.

Question 52

Knowledge of life in the UK requirements for a child of a Victim of Domestic Abuse

Accepted Answer

VDA 7.1. The applicant must meet the Knowledge of Life in the UK requirement, or an exemption must apply, as set out in Appendix KOL UK.

Question 53

Maintenance and accommodation requirements for a child of a Victim of Domestic Abuse

Accepted Answer

VDA 8.1 Where the applicant is applying as a child, the decision maker must be satisfied that there will be adequate maintenance and accommodation for the applicant without recourse to public funds.

VDA 8.2 Funds must be shown as specified in Appendix FM-SE.

Question 54

Decision on an application for settlement on the Victim of Domestic Abuse route

Accepted Answer

VDA 9.1. If the decision maker is satisfied that all the suitability and eligibility requirements for entry clearance or settlement on the Victim of Domestic Abuse route are met, the application will be granted, otherwise the application will be refused.

VDA 9.2. If the application is refused, the person can apply for an Administrative Review under Appendix AR: Administrative Review.

Question 55

Period and conditions of grant on the Victim of Domestic Abuse route

Accepted Answer

VDA 10.1. Where the applicant is outside the UK and the requirements for entry clearance are met, they will be granted entry clearance for settlement.

VDA 10.2. Where the applicant is in the UK and the requirements for settlement are met, they will be granted settlement.”.

Question 56

Insertion of Appendix Bereaved Partner

Accepted Answer

APP BP1. After Appendix Victim of Domestic Abuse, insert:

Question 57

“Appendix Bereaved Partner

Accepted Answer

This route allows settlement where a person has, or was last granted, permission as a partner on a specified route and their partner has died.

The applicant must be in the UK, unless they were last granted permission as a partner under Appendix Armed Forces.

Dependent children can also apply on this route.

An alternative route for Bereaved partners of a Gurkha or Hong Kong military unit veteran discharged before 1 July 1997, is available under Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997.

Question 58

Validity requirements for the Bereaved Partner route

Accepted Answer

BP 1.1. A person applying from outside the UK on the Bereaved Partner route must apply online for entry clearance on the gov.uk website on form “VAF (AF)”.

BP 1.2. A person applying in the UK on the Bereaved Partner route must apply online on the gov.uk website on the specified form as follows:

for applicants who were last granted permission as a partner or child under Appendix Armed Forces, form “SET (AF)”; or
for all other bereaved partners or where a child is applying for permission on the Bereaved Partner route at the same time as their parent and who is included in their parent’s application (with the exception of children granted permission under Appendix Armed Forces), form “SET(O)”; or
for children in the UK who are not applying for permission on the Bereaved Partner route at the same time as their parent (with the exception of those granted permission under Appendix Armed Forces), form “SET(F)”.

BP 1.3. An application on the Bereaved Partner route must meet all the following validity requirements:

any fee must have been paid; and
the applicant must have provided any required biometrics; and
the applicant must have provided a passport or other document which satisfactorily establishes their identity and nationality.

BP 1.4. An application which does not meet all the validity requirements for the Bereaved Partner route may be rejected as invalid and not considered.

Question 59

Suitability requirements for the Bereaved Partner route

Accepted Answer

BP 2.1. The applicant must not fall for refusal under Part 9: grounds for refusal, but paragraph 9.8.4.(a) does not apply.

Question 60

Eligibility requirements for the Bereaved Partner route Entry requirements for the Bereaved Partner route

Accepted Answer

BP 3.1. Where a person is outside the UK they must apply for and obtain entry clearance on the Bereaved Partner route before they arrive in the UK.

BP 3.2. Where a person is applying for entry clearance on the Bereaved Partner route they must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

Question 61

Immigration status requirements for a Bereaved Partner in the UK

Accepted Answer

BP 4.1. An applicant who is in the UK at the date of application must have, or have last been granted, permission as one of the following:

a partner under Appendix FM (except for permission as a fiancé(e) or proposed civil partner) of a person who is a British citizen, settled in the UK or an EEA national in the UK with limited leave to enter or remain granted under paragraph EU3 of Appendix EU on the basis of meeting condition 1 in paragraph EU14 of Appendix EU; or
a partner of a person present and settled in the UK under paragraph 285 or 295E of Part 8 of these rules; or
a Bereaved Partner under Appendix FM; or
a partner under Appendix Armed Forces or Part 7 (except for permission as a fiancé(e) or proposed civil partner), of any of the below:
a person who is a British citizen; or
a foreign and commonwealth citizen who was serving member of HM forces; or
a member of HM Armed forces who has applied for or been granted permission or settlement as a foreign and commonwealth citizen discharged from HM Armed Forces.

Question 62

Immigration status requirements for a Bereaved Partner overseas

Accepted Answer

BP 5.1. An applicant who is in overseas on the date of application must have, or have last been granted, permission as:

a partner under Appendix Armed Forces or Part 7 (except for permission as a fiancé(e) or proposed civil partner), of one of the following:
- a person who at the time of their death was a British citizen; or
- a foreign and commonwealth citizen who was at the time of their death a serving member of HM forces; or
- a member of HM Armed forces who at the time of their death had applied for, and would have been granted if they had not died, or had been granted, permission to stay or settlement as a foreign and commonwealth citizen discharged from HM Armed Forces.

Question 63

Relationship requirement for a Bereaved Partner

Accepted Answer

BP 6.1. The person who was the applicant’s partner at the time of the applicant’s last grant of permission as a partner, must have died.

BP 6.2. The applicant and their partner must have been in a genuine and subsisting relationship immediately before the partner’s death.

Question 64

Requirements for a dependent child of a Bereaved Partner

Accepted Answer

BP 7.1. The applicant must meet the following requirements for a dependent child in Appendix Children:

relationship requirement for settlement; and
care requirement; and
age and independent life requirement.

Cookies on GOV.UK

[footnote 1] Statement of changes in Immigration Rules

Implementation

Review

Changes to Introduction

Changes to Part 1

Changes to Part 5

Changes to Part 7

Changes to Part 8

Changes to Part 9

Changes to Part 14

Changes to Appendix AR: administrative review

Changes to Appendix Armed Forces

Changes to Appendix EU

Changes to Appendix FM

Changes to Appendix FM – SE

Changes to Appendix V: Visitor

Changes to Appendix Visitor: Permitted Activities

“Permitted Paid Engagements

Changes to Appendix Visitor: Permit Free Festival List

Changes to Appendix Visitor: Visa national list

“Exception where the Visitor is a person aged 18 or under on an organised trip from a school in France

Changes to Appendix Skilled Worker

Changes to Appendix T2 Minister of Religion

Changes to Appendix Representative of an Overseas Business

Changes to Appendix UK Ancestry

Changes to Appendix Global Talent

Changes to Appendix Scale-up

Changes to Appendix Innovator Founder

Changes to Appendix International Sportsperson

Changes to Appendix Sports Governing Bodies

Darts

Changes to Appendix Domestic Workers in a Private Household

Changes to Appendix Youth Mobility Scheme

Changes to Appendix Youth Mobility Scheme: eligible nationals

Changes to Appendix Temporary Work- Creative Worker

Changes to Appendix Temporary Work- International Agreement

Changes to Appendix Government Authorised Exchange

Changes to Appendix Government Authorised Exchange schemes

Changes to Appendix Hong Kong British National (Overseas)

Changes to Appendix Adult Dependent Relative

Changes to Appendix Private life

Changes to Appendix English Language

Changes to Appendix Returning Resident

Changes to Appendix Children

Insertion of Appendix Statelessness

“Appendix Statelessness

Validity requirements for a Stateless person

Suitability requirements for a Stateless person

Eligibility requirements for a Stateless person

Decision on application by a Stateless person

Period of grant and conditions of permission for a Stateless person

Settlement as a Stateless person

Validity requirements for settlement as a Stateless person

Suitability requirements for settlement as a Stateless person

Eligibility requirements for settlement as a Stateless person

Qualifying period requirement for settlement as a Stateless person

Continuing status requirement for settlement as a Stateless person

Decision on an application for settlement as a Stateless person

Insertion of Appendix Victim of Domestic Abuse

“Appendix Victim of Domestic Abuse

Validity requirements for the Victim of Domestic Abuse route

Suitability requirements for the Victim of Domestic Abuse route

Eligibility requirements for Victim of Domestic Abuse Route Entry requirements for the Victim of Domestic Abuse route

Relationship requirements for a Victim of Domestic Abuse

Requirements for a child of a Victim of Domestic Abuse

English language requirements for a child of a Victim of Domestic Abuse

Knowledge of life in the UK requirements for a child of a Victim of Domestic Abuse

Maintenance and accommodation requirements for a child of a Victim of Domestic Abuse

Decision on an application for settlement on the Victim of Domestic Abuse route

Period and conditions of grant on the Victim of Domestic Abuse route

Insertion of Appendix Bereaved Partner

“Appendix Bereaved Partner

Validity requirements for the Bereaved Partner route

Suitability requirements for the Bereaved Partner route

Eligibility requirements for the Bereaved Partner route Entry requirements for the Bereaved Partner route

Immigration status requirements for a Bereaved Partner in the UK

Immigration status requirements for a Bereaved Partner overseas

Relationship requirement for a Bereaved Partner

Requirements for a dependent child of a Bereaved Partner

^{[footnote 1]} Statement of changes in Immigration Rules