Statutory Document 0250/13 STATEMENT OF CHANGES IN IMMIGRATION RULES Laid before Tynwald on 19th November 2013 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 STATEMENT OF CHANGES IN IMMIGRATION RULES The Council of Ministers has made the following changes to the Rules laid down by it 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 17th May 20053. The changes in this Statement shall take effect on 1st July 2013 However, if an applicant has made an application for entry clearance or leave before 1st July 2013and the application has not been decided before that date, it will be decided in accordance with the rules in force on 30 June 2013. Changes 1. In paragraph 6, for the definition of ‘adequate’ and ‘adequately’ substitute: “’adequate’ and ‘adequately’ in relation to a maintenance and accommodation requirement shall mean that, after income tax, national insurance contributions and housing costs have been deducted, there must be available to the family the level of income that would be available to them if the family was in receipt of income support.”. 2. In paragraph 6, after the definition of “sponsor licence”, insert new definition: “In Part 6A and Appendices A and J of these Rules, "settled worker" means a person who: (i) is a British Citizen, (ii) is a national of the European Economic Area or Switzerland who is exercising a Treaty Right in the Isle of Man, (iii) is a British overseas territories citizen, except those from Sovereign Base Areas in Cyprus, (iv) is a Commonwealth citizen with leave to enter or remain granted on the basis of Isle of Man, UK or Channel Islands Ancestry (paragraphs 186 to 193 of these Rules), or (v) has settled status in the Isle of Man within the meaning of the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999, and the Nationality, Immigration and Asylum Act 2002, and 1 1971 c. 77 2 See the Immigration (Isle of Man) Order 2008 (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 and SD 0657/12.. 2 (vi) is an Isle of Man worker within the meaning of the Control of Employment Act 1975 (an Act of Tynwald)4”. 3. At the end of paragraph 6 insert: “For the purposes of an application as a fiancé(e) or proposed civil partner under Appendix FM, an EEA national who holds a registration certificate or a document certifying permanent residence issued under the 2006 EEA Regulations (including an EEA national who holds a residence permit issued under the Immigration (European Economic Area) Regulations 2000 which is treated as if it were such a certificate or document by virtue of Schedule 4 to the 2006 EEA Regulations) is to be regarded as present and settled in the Isle of Man.”. 4. After paragraph 39A, insert: “Specified Documents 39B. (a) Where these Rules state that specified documents must be provided, that means documents specified in these Rules as being specified documents for the route under which the applicant is applying. If the specified documents are not provided, the applicant will not meet the requirement for which the specified documents are required as evidence. (b) Where these Rules specify documents that are to be provided, those documents are considered to be specified documents, whether or not they are named as such, and as such are subject to the requirements in (c) to (f) below. (c) If the Entry Clearance Officer or Lieutenant Governor has reasonable cause to doubt the genuineness of any document submitted by an applicant which is, or which purports to be, a specified document under these Rules, and having taken reasonable steps to verify the document is unable to verify that it is genuine, the document will be discounted for the purposes of this application. (d) Specified documents must be originals, not copies, except where stated otherwise. (e) Specified documents must contain, or the applicant must provide, full contact details to allow each document to be verified. (f) Where any specified documents provided are not in English, the applicant must provide the original and a full translation that can be independently verified by the Isle of Man Immigration Office. The translation must: (i) include details of the translator’s credentials, (ii) confirm that it is an accurate translation of the original document, (iii) be dated, and (iv) include the original signature of the translator.”. 4 1975 c25 3 5. Insert after paragraph 41(xii): “(xiii) where he is seeking leave to enter as a general visitor to take part in archaeological excavations, provides a letter from the director or organiser of the excavation stating the length of their visit and, where appropriate, what arrangements have been made for their accommodation and maintenance.”. 6. In paragraph 46A(iv) delete “laid down in the guidance published by the UK Border Agency; and” and insert “set out in paragraph 46A(iv)(a);”. 7. Insert after paragraph 46A(iv): “46A(iv)(a). The requirements to be met are: (1) The applicant must provide a letter of consent from his parent(s) or legal guardian regarding arrangements for his travel to, reception and care while in the Isle of Man which must include the name and date of birth of the intended foster carer, address where the applicant will be living, relationship of foster carer to the applicant, authority from parent(s) or legal guardian for the foster carer to care for the applicant during their stay in the Isle of Man, a letter from the school to include details of the foster care arrangement and confirming they have or will notify the local authority and they must include the reply from the authority if they have one. (2) The private foster care arrangement must be notified to the relevant local authority by the parents and / or other carer of the child visitor, other parties to the arrangement for example the education provider or, if this has not been done, the Isle of Man Immigration Office must notify the local authority where the child visitor will be staying; and”. 8. In paragraph 46D(iii) delete “laid down in guidance published by the UK Border Agency” and insert “as set out in paragraph 46A(iv)(a)”. 9. In paragraph 46G(iii)(b) after “film crew” insert “meaning he is a film actor, producer, director or technician paid or employed by an overseas firm other than one established in the Isle of Man and is coming to the Isle of Man for location sequences only for an overseas film”. 10. In paragraph 46G(iii)(d) delete “he has been working as an academic in an institution of higher education overseas or in the field of their academic expertise immediately prior to seeking entry;” and after “but only if” insert “:(1) he is an academic who is: (a) on sabbatical leave from an overseas academic institution to carry out research; (b) taking part in formal exchange arrangements with Isle of Man counterparts (including doctors); (c) coming to share knowledge or experience, or to hold informal discussions with their Isle of Man counterparts, or 4 (d) taking part in a single conference or seminar that is not a commercial or non-profit venture; (e) an eminent senior doctor or dentist taking part in research, teaching or clinical practice; and (2) he has been working as an academic in an institution of higher education overseas or in the field of their academic expertise immediately prior to seeking entry;”. 11. In paragraph 46G(iii)(e) after “Visiting Professor” insert “subject to undertaking only a small amount of teaching for the institution hosting the students he is supervising, being employed and paid by the overseas academic institution and not intending to base himself or seek employment in the Isle of Man”. 12. In paragraph 54(ii) after “evidence” insert “in the form of a letter on headed notepaper giving a private practice or hospital address”. 13. In paragraph 54(ii) delete “satisfactory arrangements for private medical consultation or treatment and its likely duration; and, where treatment has already begun, evidence as to its progress” and insert “that provides full details of the: (a) nature of the illness: (b) proposed or continuing treatment; (c) frequency of consultations; (d) probable duration of the treatment: (e) details of the cost of treatment and confirmation that all expenses are being met; and (f) where treatment amounts to private visits to a consultant for a relatively minor ailment, details of the progress being made.”. 14. In paragraph 54(iii) delete “can show” and insert “has provided evidence that”. 15. In paragraph 54(iv) after “has” insert “provided evidence that he has”. 16. In paragraph 54(iv) after “Isle of Man” insert “, or if relying on funds from abroad has provided evidence that those funds are fully transferable to the Isle of Man,”.