Statement of Changes in Immigration Rules SD 2020/0497 (This Note Is Not Part of the Statement of Changes in Immigration Rules)
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Statutory Document 2020/0497 STATEMENT OF CHANGES IN IMMIGRATION RULES Laid before Tynwald on 15 December 2020 under section 3(2) of the Immigration Act 1971 (an Act of Parliament as extended to the Isle of Man by the Immigration (Isle of Man) Order 2008 (SI 2008 no. 680)) 1 The Minister for the Cabinet Office has made the following changes to the Immigration Rules laid down as to the practice to be followed in the administration of the Immigration Act 19711 (of Parliament) as it has effect in the Isle of Man2 for regulating entry into and the stay of persons in the Isle of Man and contained in the Statement laid before Tynwald on 17 May 20053. Commencement (1) The changes made at HK.1 (Insertion of Appendix Hong Kong British National (Overseas)) take effect on 31 January 2021. (2) All other changes take effect at 23:00 on 31 December 2020. Changes to Introduction Intro.1 Omit paragraph 5. Intro.2 After paragraph 5AA(IOM), insert— “Provision for Irish citizens 5B. Save where expressly indicated throughout these Rules, these Rules do not apply to an Irish citizen who as a result of section 3ZA of the Immigration Act 1971 does not require leave to enter or remain, but an Irish citizen who does require leave to enter or remain is covered by these Rules. 5C Paragraph 5B does not apply to paragraph 11, Appendix EU, Appendix EU (Family Permit) or Part 13 (deportation). 5D An Irish citizen who as a result of section 3ZA of the Immigration Act 1971 does not require leave to enter or remain is considered settled for the purposes of these Rules.”. Intro.3 Before paragraph 6, insert— A6. In these Rules, unless the contrary intention appears, references to paragraphs are to paragraphs of the Immigration Rules (SD No. 62/05 as amended) made under section 3(2) of the Immigration Act 1971, and references to Appendices are to Appendices to those Rules. 1 1971 c. 77 2 See the Immigration (Isle of Man) Order (S.I. 2008 No 680) 3 S.D. 62/05 amended by S.D.692/05, S.D. 442/06, S.D. 547/06, S.D. 781/06, S.D. 871/06, S.D. 124/07, S.D. 303/07, S.D. 534/07, S.D. 02/08, S.D. 500/08, GC 32/09, GC 35/09, GC 14/10, GC 26/10, GC 02/11, SD 518/11, SD 40/12, SD 0288/12, SD 0625/12, SD 0657/12, SD250/13, SD 302/13, SD 345/13 ,SD 2014/0004, SD 2014/0082, SD 2014/241, SD2014/314 , SD2014/324, SD2015/0265, SD2015/0386, SD2016/0092, SD2016/0175, SD5016/0211, SD2017/0066, SD2017/0183, SD2017/0314, SD2018/0084, SD2018/0134, SD2018/0328, SD2019/0119, SD2019/0143, SD2019/0330, SD2019/0380, SD2020/0011, SD2020/0070, SD2020/0088, SD2020/0140, SD2020/0316 SD2020/0344 and SD2020/0467. 2 B6. In these Rules, references to primary and secondary legislation refers to that legislation as amended from time to time.”. Intro.4 After the definition of “Amateur”, insert— ““Applicant” means a person who is making an application for entry clearance, permission to enter or permission to stay in the Isle of Man (and a person seeking entry at the Isle of Man border is to be regarded as making an application for permission to enter).”. Intro.5 For the definition of “application for leave to remain”, substitute— ““Application for leave to remain” and “application for permission to stay” includes an application for variation of leave to enter or remain of a person in the Isle of Man.”. Intro.6 After the definition of “a bona fide private education institution”, insert— ““Biometrics” has the same meaning as “biometric information” in section 15 of the UK Borders Act 2007 and means, in particular, a record of a person’s fingerprints or a photograph of a person’s face. “BN(O) Adult Dependant Relative” means a person granted permission as a BN(O) Adult Dependant Relative under Appendix Hong Kong British National (Overseas). “BN(O) Household Child” means a person falling within HK 15 1. and who is granted permission as a BN(O) Household Child under Appendix Hong Kong British National (Overseas). “BN(O) Household Member” means a person granted permission as a BN(O) Household Member under Appendix Hong Kong British National (Overseas). “BN(O) Status Holder” means a person granted permission as a BN(O) Status Holder under Appendix Hong Kong British National (Overseas). “Breach of immigration laws”—a person is in breach of immigration laws for the purpose of these Rules where the person is an overstayer; is an illegal entrant; is in breach of a condition of their permission; or used deception in relation to their most recent application for entry clearance; and “previously breached immigration laws”—a person previously breached immigration laws if they overstayed or used deception in relation to a previous application for entry clearance or permission.”. Intro.7 After the definition of “Business person”, insert— ““Calendar year” means a year beginning on 1 January and ending on 31 December. 3 “Cancellation” in Part 9 means cancellation, variation in duration, or curtailment, of entry clearance or permission, which can take effect immediately or at a specified future date and whether the person is in the Isle of Man or overseas. “Child” means a person who is aged under 18 years.”. Intro.8 After the definition of “civil partner”, insert— ““Common Travel Area” is as defined in section 1(3) of the Immigration Act 1971. “Condition” means a condition of leave to enter or leave to remain under section 3(1)(c) of the Immigration Act 1971, such as a prohibition on employment or study.”. Intro.9 After the definition of “Control of Employment Act”, insert— ““Custodial sentence” means a period of imprisonment, not including a suspended sentence. “Date of application” means— (a) if applying for entry clearance— (i) the date of payment of the relevant fee; (ii) where a fee is not required, the date on which the application is submitted online; or (iii) where a fee is not required and an online application form is not available, the date on which the paper application form is received by the Home Office; (b) if applying for permission to enter, the date the person seeks entry; or (c) if applying for permission to stay— (i) the date that the paper application form is submitted in person to the Immigration Service address specified on the form; (ii) where the application it is sent by pre-paid post, the date as shown on the tracking information provided by the carrier or, if not tracked, by the postmark date on the envelope; or (iii) where the application it is sent by courier, or other postal services provider, the date on which it is delivered to the Immigration Service address specified on the form. “Decision maker” means an entry clearance officer, immigration officer or the Minister, as the case may be.”. Intro.10 After the definition of “degree level study”, insert— 4 ““Deportation Order” means an order made under section 5(1) of the Immigration Act 1971. “ECAA route” means Appendix ECAA Extension of Stay or under the ECAA Rules in force on 31 December 2020. Intro.11 For the definition of “EEA national”, substitute— ““EEA citizen” and “EEA national” means a person who is a national of: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland, and who is not also a British citizen.”. Intro.12 After the definition of “Employment as a Doctor or Dentist in training, insert— ““Exclusion decision” means a decision where the Minister has personally directed that a person be excluded from the Isle of Man.”. “Exclusion order” means an order made under regulation 24(5) of the EEA Regulations that the exclusion of an EEA national or the family member of an EEA national is justified on the grounds of public policy, public security or public health. “False document” includes— (a) a document which has been altered or tampered with; (b) a counterfeit document; (c) a document which is being used by an imposter; (d) a document which has been fraudulently obtained or issued; or (e) a document which contains a falsified or counterfeit entry clearance, visa or endorsement. Intro.13 After the definition of “family member”, insert— “Fee” means the amount the applicant must pay to the Minister as specified in Regulations made in exercise of the powers conferred by section 68 of the Immigration Act 2014.”. Intro.14 In the definition of “Immigration Acts”, for “as they apply to the Island from time to..”, substitute “as they apply to the Island from time to time.”. Intro.15 For the definitions of “Intention to live permanently with the other” and “intend to live together permanently”, substitute— ““Intention to live permanently with the other” or “intend to live together permanently” means an intention to live together, evidenced by a clear 5 commitment from both parties that they will live together permanently in the Isle of Man immediately following the outcome of the application in question or as soon as circumstances permit thereafter. Where an application is made under Appendix FM and the sponsor is a permanent member of HM Diplomatic Service, or a comparable Isle of Man based staff member of the British Council, the Department for International Development or the Home Office on a tour of duty outside the UK and Islands, the words “in the Isle of Man” in this definition do not apply.”.