Statement of changes in Immigration Rules, HC 1849—analysis
Statement of changes in Immigration Rules, HC 1849—analysis

The following Immigration practice note provides comprehensive and up to date legal information covering:

  • Statement of changes in Immigration Rules, HC 1849—analysis
  • Implementation
  • Definitions
  • Administrative review
  • Evidential requirements—family members
  • Suitability requirements

This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 1849.

HC 1849 was published on 20 December 2018, along with an Explanatory Memorandum. These changes relate to applications made under the EU Settlement Scheme (the Scheme) and include:

  1. changes to the eligibility criteria for administrative review

  2. changes to the evidential requirements for family members, and

  3. changes to the suitability criteria

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Implementation

Unless otherwise stated, the changes take effect for applications made on or after 21 January 2019 (when the Scheme re-opens to certain members of the public). Applications made between 1 November 2018 and 22 December 2018 (the second phase of the pilot scheme) will be decided in accordance with the Rules that were in force on 21 December 2018.

Definitions

The following definitions within the Immigration Rules, Appendix EU, Annex 1 have been modified and updated:

  1. the definition of a ‘child’ now incorporates provisions of the Adoption and Children (Scotland) Act 2007, Children (Scotland) Act 1995 and Children (Northern Ireland) Order 1995, SI 1995/755

  2. the definition of ‘conti

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