New Rules and legislation have been made to go live 30 March
Date posted: 26 March 2019
Today the Minister for the Cabinet Office has made the following items:
- Statement of Change in Immigration Rules (commencing 30 March)
- Immigration (Leave to Enter and Remain) Order 2019 (commencing 30 March)
- Immigration (Provision of Physical Data) Regulations 2019 (commencing 30 March)
- Immigration (European Economic Area Nationals)(EU Exit) Order 2019 (Part 2 only commencing 30 March)
These can now been found on the Immigration Rules webpage and the Immigration and Nationality legislation webpage. Each contains an Explanatory Note setting out the purpose of the document.
European Union Settlement Scheme to go live on 30 March
Date posted: 25 March 2019
The Isle of Man European Union Settlement Scheme will go live on 30 March 2019.
The Scheme sets out the basis on which a European Economic Area (EEA) citizen and their family members, and the family members of a qualifying British citizen, will, if they apply under it, be granted an immigration status of indefinite leave to enter or remain or limited leave to enter or remain. There is no application fee for this immigration status.
The application form together with guidance notes will be available to download from the Isle of Man Government website, and also from the Isle of Man Immigration Office, from 30 March 2019.
Applications should be submitted to the Isle of Man Immigration Office by post or in person and follow the same format in which other immigration applications are currently made in the Isle of Man. The Isle of Man Immigration Service aim to process applications within 28 business days.
Successful applicants will receive a physical document (status letter) confirming their grant of leave under appendix EU to the Isle of Man Immigration Rules.
The Isle of Man Immigration Service has progressed with the UK Home Office the provision for EEA nationals who are resident in the Isle of Man to make an application for their immigration status to the UK scheme if they wish. Eligible applicants can make an application from 9 April 2019.
The UK scheme will accept eligible applications from EEA nationals residing in the Isle of Man, their family members, and the family members of a qualifying British citizen, and if successful will be granted an immigration status of either indefinite leave to enter or limited leave to enter. There is no application fee for this immigration status.
Successful applicants will be given proof of their status through a UK online service confirming their grant of leave under appendix EU to the UK’s Immigration Rules.
Immigration (Isle of Man)(Amendment) Order 2019
The Immigration (Isle of Man)(Amendment) Order 2019 amends the Immigration (Isle of Man) Order 2008 (S.I. 2008/680) to apply further immigration enactments to the Isle of Man, and reflect machinery of government changes, principally involving transfers of functions relating to immigration from the Governor and the Council of Ministers to the Minister for the Cabinet Office (the Chief Minister) of the Isle of Man Government. It also applies provisions relating to biometric data and the transfer and use of information within the parameters of GDPR.
This Order sets out a sound legal basis within a Departmental structure with Ministerial accountability. The Jersey precedent suggests that it is proper from a legal and constitutional perspective that the functions in respect of immigration be discharged in the Isle of Man by a Minister.
View the Order in Council on the UK Government Legislation website.
Immigration (European Economic Area) Regulations 2019
The new Immigration (European Economic Area) Regulations 2019 (“EEA Regulations”) will commence the day after the Immigration (Isle of Man) (Amendment) Order 2019 – this is expected to be 14 March 2019.
These Regulations which replace and revoke the Immigration (European Economic Area) Regulations 2009 (SD No. 635/09, as amended) (‘the 2009 Regulations) implement Council Directive 2004/38/EC of the European Parliament and the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
Bringing the Island’s EEA Regulations into line with the UK’s current EEA Regulations 2016 (as amended), ensures that any EEA national who would be eligible to apply under the UK’s EU Settlement Scheme will also be eligible to apply under the Island’s EU Settlement Scheme.
The Isle of Man Immigration Service are regulators for immigration services in the Isle of Man. Accordingly, its officers are unable to give advice on immigration matters as this could result in a conflict of interest when considering an application which might be made.
The above notes are intended as a general guide only and should not be taken as a comprehensive extract of the Isle of Man Immigration rules or immigration advice. It is the responsibility of any person making an application for entry clearance or to vary their leave to satisfy themselves that they meet the requirements for the category to which they are applying before making such an application.
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