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News and Updates

Notice of change of legislation: Immigration (European Economic Area) (Amendment) Regulations 2016

The Immigration (European Economic Area) (Amendment) Regulations 2016 were made jointly by His Excellency, the Lieutenant Governor and the Council of Ministers and come into effect on 1 November 2016.

These Regulations are made jointly pursuant to their powers contained within Section 109 of the Nationality, Immigration and Asylum Act 2002 (of Parliament) (as extended to the Island) and Section 2B of the European Communities (Isle of Man) Act 1973. 

These Regulations amend the Immigration (European Economic Area) Regulations 2009 and make provision for fees to be charged to issue permanent residence cards and documents to European Union Citizens who make an application in the Isle of Man. The fee will be £65 and is in line with the fee which is charged in the United Kingdom. 

Notice of change of legislation: Rehabilitation of Offenders Act 2001 (Exemptions) (Immigration and Nationality) Order 2016

This Order will exempt the Lieutenant Governor and Immigration Officers from the operation of the Rehabilitation of Offenders Act 2001 when making certain immigration and nationality decisions. It will enable them to rely on all conviction information (spent and unspent) when making immigration and nationality decisions or conducting proceedings.

This Order will update the Island's legislation in this area and will ensure that immigration and nationality procedures followed on the Island are the same as those undertaken in the United Kingdom.

A copy of the Rehabilitation of Offenders Act 2001 (Exemptions) (Immigration and Nationality) Order 2016 (SD2016/150) can be accessed here.

It is intended to place this Order before the June 2016 sitting of Tynwald for approval, and if approved it will come into effect forthwith.

Further information is available from –

  • Annie Taylor, Senior Passport, Immigration & Nationality Officer on +44 1624 687006 email: annie.taylor@cso.gov.im;  or
  • Tom Bateman, Legislation Manager, Department of Home Affairs on +44 1625 694305 email: tom.bateman@gov.im

Notice of change of legislation: Immigration and Nationality (Fees) Order 2016 and the Immigration and Nationality (Fees) Regulations 2016

The Lieutenant Governor proposes to introduce new fees for applications for immigration and British Nationality services to bring the fees charged in the Isle of Man in line with those charged in the United Kingdom. The fee increases have been the subject of a public consultation exercise.

Pursuant to his powers contained within Section 68 and 69 of the Immigration Act 2014 (as extended to the Island) and following consent given by the Treasury, it is intended that His Excellency, the Lieutenant Governor will make the Immigration and Nationality (Fees) Order 2016 and the Immigration and Nationality (Fees) Regulations 2016 and that these instruments will come into force on 6th April 2016.

The effect of the Order is to set out the functions in connection with nationality and immigration for which the Lieutenant Governor may charge a fee, the method by which the fee is to be calculated and the maximum amount that can be charged for each of those functions.

The Regulations specify the fees relating to immigration, nationality and associated functions.

Copies of the Immigration and Nationality (Fees) Order 2016 and the Immigration and Nationality (Fees) Regulations 2016 can be accessed here. It is intended that both of these orders will be laid before the April sitting of Tynwald.

The Prime Minister recently announced a new English language requirement for family route migrants seeking to extend their stay in the UK.

Non-EEA national partners and parents on the family route will need to pass a speaking and listening test at level A2 in order to qualify, after two and a half years in the UK, for further leave to remain on the five-year partner or parent route to settlement.

We recognise the need to give those affected sufficient time to prepare for the new test, which is why the new requirement will not be implemented before October 2016.

To find out more, visit www.gov.uk

If you have any questions, please e-mail FamilyOpsPolicy@homeoffice.gsi.gov.uk

Changes to the knowledge of language and life in the UK and Islands requirement – October 2013

From 28 October 2013, unless they are exempt, all applicants for settlement or naturalisation as a British citizen will need to meet the knowledge of language and life requirement by:

  • passing the life in the UK test;

and

  • having a speaking and listening qualification in English at B1 CEFR or higher, or its equivalent.

For full details of the new requirement please see the Statement of Intent.

Data Sharing Memorandum of Understanding

The Council of Ministers has decided that it is not necessary to consult with the public on a data sharing memorandum of understanding (MoU) with the United Kingdom on the exchange of immigration, travel and passport information for the following reasons: 

  • it is the policy of the current administration to enter into MoUs with other jurisdictions without public consultation;
  • to maintain confidentiality of negotiations;
  • it would cause unnecessary delay; and
  • the MoU is not a change of passport, immigration or nationality policy but is merely a formal recognition of existing operational arrangements.

The signed MoU will be laid before Tynwald in due course. 

Also, please could you replace the text at the top of the page with the wording below – 

English Language Speaking and Listening Test

It is envisaged that English Language Speaking and Listening Tests will be held twice a year at the Isle of Man College.

Persons wishing to take the test should go to https://ieltsukvisas.britishcouncil.org/  and follow the instructions, choosing ‘Isle of Man’ when asked where they would like to take the test.

The appropriate test is:

  • Life Skills B1 if you wish to apply for Settlement or British Nationality
  • Life Skills A1 if you wish to apply for leave as a Spouse/Partner

If you wish to take a test in the meantime the nearest tests available are in Belfast or Manchester. These can be booked on the same website.

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