Paolo Barbato 27 November 2024
By Paolo Barbato
Introduction of a visa requirement for Colombian nationals:
The UK has reintroduced, after only 2 years, a visa requirement for Colombian nationals effective 26 November 2024, with significant implications for travel to the UK. Colombian nationals will now require a visa to visit or transit through the UK.
Consequently, Colombia will also be removed from the list of countries eligible for an ETA under Appendix ETA National List.
According to the Statement of Changes, this is based on the raise of asylum claims from Colombian nationals from a total of 13 in 2022 (before the removal of the visa requirement) to 854 in 2023, and 468 in the first 6 months of 2024.
Colombian nationals will have a transition period to travel to the UK without needing a visa, provided they have a confirmed travel booking made before 26 November 2024. This grace period will last until 15:00 GMT on 24 December 2024. During this time, Colombian travelers with a confirmed booking for travel to the UK within this 28-day window will not be required to obtain a visit visa in advance of their trip.
Introduction of the Ukrainian Permission Extension Scheme (UPE):
The government has also announced the introduction of a new Ukraine Permission Extension Scheme (UPE) allowing Ukrainian nationals and their eligible family members to apply for additional 18 months’ permission to stay in the UK. The new Ukraine Permission Extension (UPE) Scheme will open at 09:00 GMT on 4 February 2025.
Long Residence route:
However, the most controversial amendment in this Statement of Changes, is referred to the Long Residence Route, as the government has confirmed that time spent in the UK under the Ukraine Schemes will not count towards the qualifying period for a Long Residence application.
The government has provided as the rationale behind this decision, an intention to bring the Rules “in step with the already established policy position that permission to stay in the UK under the Ukraine schemes does not provide a route to settlement…”
It is undoubtedly within the government’s authority to determine which visa routes are included or excluded from the Long Residence criteria. However, the reasoning that this exclusion aligns with the Ukrainian Schemes’ logic of not being a route to settlement is perplexing, to say the least.
Since the introduction of the Long Residence route in 2003, the eligibility criteria have deliberately included several visa categories that do not independently lead to settlement. Examples include the Student route, the Youth Mobility Scheme (YMS), and the Senior or Specialist Worker route. These routes grant temporary leave to remain in the UK, yet time spent under them has historically been accepted as part of the Long Residence qualification. Until recently, even time spent on a visit visa, a purely short-term category, was included. This approach has been a consistent feature of the Immigration Rules for over two decades.
The Long Residence route was specifically designed to offer individuals who have lived in the UK for at least 10 years, continuously and lawfully, a pathway to settlement, even if their immigration category does not provide a direct route to permanent residence. This framework allows individuals who have demonstrated a long-term commitment to the UK to eventually settle, regardless of whether their visa was intended for settlement. Therefore, the decision to exclude time spent under the Ukrainian Schemes from the Long Residence criteria is difficult to justify and appears inconsistent with the established principles of the route.
The decision to exclude Ukrainian nationals who have resided in the UK lawfully for extended periods, from the eligibility criteria of the Long Residence route, raises concerns about fairness and consistency, especially since the route has historically allowed people on temporary visas to qualify for settlement based on cumulative lawful residence.
This approach, established for over two decades, has made the Long Residence route a cornerstone of UK immigration policy. Excluding Ukrainian nationals from this path seems at odds with that principle, undermining the idea that long-term lawful residence should be the determining factor for settlement, rather than the specific visa held.
For more information or legal advice, please contact Paolo Barbato at paolo.barbato@childandchild.co.uk.
The information contained in this article is general guidance only. The application and impact of laws can vary widely depending on the specific facts involved. The information in this article is provided with the understanding that the authors and presenters are not giving legal, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional legal, tax or other competent advisers. Before making any decision or taking any action, you should consult a Child & Child professional.
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