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Immigration Rules and Associated Policy

New Immigration Rules in effect from 28 May 2024

These new Rules in effect from 28 May 2024 make the following changes to the Immigration Rules:

Overstaying

The changes amend the allowable period of overstaying from 28 days to 14 days.

A 28 day period was originally brought in so people who had made an innocent mistake were not penalised, but retaining it sends a message which is inconsistent with the need to ensure compliance with immigration laws. The 28-day period is therefore abolished.

Changes to the EU Settlement Scheme (EUSS)

  • To prevent a valid application, a change to reinforce the approach to tackling illegal migration

  • Amending the 'required date' definition to be consistent with the temporary protection of rights conferred on them by the Citizens' Rights Agreements for three months from their arrival in the UK and Islands

  • A change has been introduced to enable pre-settled status to be curtailed where it is proportionate to do so where the person never met the requirements of Appendix EU

  • Some minor technical amendments are also being made to Appendix EU to clarify the existing policy position whereby a dependent parent or child who has already been granted limited leave under Appendix EU will not need to evidence dependency for any further applications under Appendix EU

  • Changes are also being made to the definition of 'required date' in Annex 1 of Appendix EU to clarify the 'required date'

Immigration rules in effect from 19 February 2024

Changes to Appendix U: Ukraine Scheme

Rules that came into to effect on 19 February 2024 made the following changes to this Appendix:

  • Closure of the Ukraine Family Scheme from 15.00hrs on 19 February 2024

  • Allowing children born in the Isle of Man and the UK after 18 March 2022 to those who have permission under the Ukraine Schemes to continue to be eligible to apply under the Ukraine Extension Scheme beyond 16 May 2024, and to be granted permission in the Isle of Man which aligns with the length of permission held by their parent

  • Reinstating the Part 9 provisions to allow for refusal of applications on the general grounds that cover all of the immigration routes

  • A change to the period of grant under the Ukraine Sponsorship Scheme from 36 months to 18 months

Immigration Rules in effect from 24 November 2023

The most notable changes to the Rules that came into effect on 24 November 2023 are:

Changes to Part 7: Removal of Retired Persons

Removal of Appendix F.

Changes to Appendix Hong Kong British Nationals (Overseas)

The changes being made to Appendix Hong Kong British National Overseas (BNO) is to align the route’s public funds conditions with the UK.

Changes to Appendix U: Ukraine Extension Scheme

The Changes to this Appendix include:

Extension of the eligibility period

This change extends the scheme to allow Ukrainian nationals who obtain permission to enter or stay in the Isle of Man for any period between 18 March 2022 and 16 November 2023 to apply to the Ukraine Extension Scheme and obtain 36 months’ permission to stay in the Isle of Man.

Extension of the application deadline

We are extending the application deadline for the Ukraine Extension Scheme to 16 May 2024.

Immigration Rules

The Immigration Rules are made by the Minister for Isle of Man Treasury and outline the practice to be followed in the administration of the Immigration Acts as extended to the Isle of Man for regulating the entry into and the stay of persons in the Isle of Man.

The Isle of Man Immigration Rules, whilst not identical to the United Kingdom (UK) Immigration Rules, are based on the UK Rules and are very similar. However, they are not identical and there are some provisions within the UK Rules that do not apply here and some in the Isle of Man Immigration Rules that do not apply in the UK. There are also, as in the UK, provisions within the Isle of Man Immigration Rules that apply only to Commonwealth citizens.

Sponsor Licensing Policy

The Sponsor Licensing policies are made by the Council of Ministers and outline the practice to be followed in the administration of sponsor licences for employers and academic institutions wishing to sponsor applicants on the on the Tier 4 and Tier 5 routes.

Confirmation of Employment Policy

This policy sets out the conditions that must be met if an Appendix W migrant wishes to make a change in their employment circumstances.

Immigration Recognition of UK Visas Policy

This policy sets out the circumstances in which specified UK visas may be recognised in the Isle of Man, without requiring an application to be made under the Isle of Man Immigration Rules.

Statement of Changes to the Immigration Rules

The Statement of Changes document sets out the changes to the Isle of Man Immigration Rules and the date on which the changes apply.

Immigration Exemption Policy Document

This policy sets out how the limited restrictions to the applied GDPR under the immigration exemption are operationally applied.

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