The Statement of Changes to the Immigration Rules as published on 26 November 2024,1 outlined a number of changes to be implemented in the U.K. between 26 November 2024 and 13 February 2025. Changes include the introduction of visa requirements for Colombian nationals; confirmation on the launch of the Ukraine Permission Extension Scheme; closure of the Ukraine Extension Scheme; end of open-ended Permission to Travel (PTT) letters; and changes to the long-residence route.
WHY THIS MATTERS
- Colombian nationals will now require visit visas to come to or transit through the United Kingdom. This may add to their administrative burdens and costs.
- Rather than having two different in-country visa extension schemes, Ukrainian nationals with existing permission to remain in the U.K. under an existing Ukraine scheme will now, under certain conditions, have one route to seek extensions of their stay, thus simplifying procedures and mitigating confusion.
- The ending of the open-ended PTT letters programme could make the logistics of applying for entry into the U.K. more difficult for some applicants under Ukraine Schemes.
For employers that have frequent business travellers to the U.K., it is important to keep abreast of changes to visa requirements. Further, employers may wish to review their current workforce and traveller population to determine whether there is any immediate impact particularly with regards to any employees who hold immigration permission under the Ukraine Schemes.
Background
Changes incorporated into the Statement of Changes to the Immigration Rules were prompted by a review of government policy. Seema Malhotra, the Parliamentary Under-Secretary of State for Migration and Citizenship stated that the government’s decision to add Colombia to the ‘visa national’ list has been
prompted by a marked rise in asylum claims and entry refusals in respect of Colombian nationals since the visa requirement was lifted in November 2022. She stated: “The decision to introduce a visa requirement has been taken solely for migration and border security reasons.”2
Changes relating to the Ukraine Schemes have been published so as to allow for future certainty and clarity for individuals impacted by the conflict who hold/may be intending to apply for immigration permission under the Ukraine Schemes.
Further, minor changes have been made to the eligibility requirements for the long-residence route to confirm that permission to stay in the U.K. under the Ukraine Schemes (including any new scheme) cannot be used to qualify for permission to stay or settlement under the long-residence route.
Further Details
Key information with regards to the changes is summarised below3.
- Introduction of Visa Requirements for Colombian Nationals
- With effect from 1500 GMT on 26 November 2024, Colombian nationals are required to obtain a visa in order to visit or for transiting through the United Kingdom.
- This will include the requirement to obtain a mandatory Direct Airside Transit Visa (DATV) for Colombians transiting via the U.K. to other final destinations.
- The requirement for Colombian nationals to apply for a visit visa means that the planned change to allow for Colombian nationals to apply for an Electronic Travel Authorisation (ETA) from 27 November 2024, for travel to the U.K. from 8 January 2025, will no longer be introduced.
- A four-week visa-free transition period is in place for Colombian nationals with confirmed bookings made on or before 26 November 2024, for travel to the U.K. by 24 December 2024 at the latest.
- Applications for U.K. visit visas are now available with immediate effect.
- Ukraine Permission Extension (UPE) Scheme
- Launching 4 February 2025, the UPE scheme will allow Ukrainian nationals and eligible family members living in the U.K. with existing permission under the Ukraine Schemes to extend their stay in the U.K. by 18 months.
- Individuals may also be eligible to apply if they previously held permission to remain under a Ukraine Scheme but now hold another type of permission to remain in the United Kingdom.
- Under the UPE, they will have continued access to work, health care, education, and benefits.
- Applications are fee-free and will need to be submitted before the current visa expiration date.
- Closure of the Ukraine Extension Scheme (UES)
- The UES will close on 4 February 2025.
- U.K.-born children of Ukrainian nationals previously eligible under the UES will now be able to apply under the UPE scheme instead.
- The government’s reason for closing the UES is to streamline the visa routes by channelling all in-country applications through the UPE, thus removing any confusion that may be created by having two “extension” schemes open at the same time.
- End of Open-Ended Permission to Travel (PTT) Letters
- As of 13 February 2025, PTT letters issued during the course of the Ukrainian conflict for expedited entry will no longer be valid.
- All new applicants under Ukraine schemes must attend Visa Application Centres (VACs) for biometric processing.
- Advanced notice has been provided to those affected, and the ‘Homes for Ukraine’ scheme remains open for reapplications. This route remains uncapped.
- Changes to the Long-Residence Route
- Owing to the temporary nature of the Ukraine Schemes, these routes do not provide a pathway to U.K. settlement.
- Minor amendments have been made to the eligibility criteria to make it explicit that time spent under the Ukraine Schemes will not count toward the 10-year qualifying period for settlement under the long-residence route. This is a clarification to the pre-existing policy position.
KPMG INSIGHTS
It is important for employers to have general awareness about the changes to determine whether there is any immediate impact with regards to any employees who hold immigration permission under the Ukraine Schemes. Employers may wish to consider whether they will communicate the changes to those who may be impacted, providing them with tailored communications, and/or if it will remain the personal responsibility of individuals to seek independent legal advice.
Employers should also consider being in regular contact with their immigration counsel to make sure that they are undertaking the appropriate impact analysis on their business.
Footnotes:
1 (On the Gov.uk website) Home Office, "Policy paper: Statement of changes to the Immigration Rules: HC 334, 26 November 2024."
2 U.K. Parliament, Written questions, answers and statements, "Statement of Changes in Immigration Rules: Statement made on 26 November 2024."
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* Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in the United Kingdom.
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