Explanatory memorandum to the Statement of Changes in Immigration Rules CP 542 (accessible)
Published 11 October 2021
© Crown copyright 2021
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This publication is available at https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-cp-542-11-october-2021/explanatory-memorandum-to-the-statement-of-changes-in-immigration-rules-cp-542-accessible
1. Introduction
1.1 This Explanatory Memorandum has been prepared by the Home Office and is laid before Parliament by Command of Her Majesty.
2. Purpose of the instrument
2.1 This instrument amends the Immigration Rules that are used to regulate people’s entry to, and stay in, the United Kingdom.
2.2 The changes being made allow poultry workers and people undertaking haulage driving work involving transportation of food goods to come to the UK on the Seasonal Worker immigration route.
3. Matters of special interest to Parliament
Matters of special interest to the Joint Committee on Statutory Instruments OR the Select Committee on Statutory Instruments OR the Sifting Committees.
3.1 None.
4. Extent and Territorial Application
4.1 The territorial extent of this Statement of Changes in Immigration Rules is all of the United Kingdom.
4.2 The territorial application of this Statement of Changes in Immigration Rules is all of the United Kingdom.
5. European Convention on Human Rights
5.1 As this Statement of Changes in Immigration Rules is subject to negative resolution procedure and does not amend primary legislation, no statement is required.
6. Legislative Context
6.1 The Immigration Rules, as laid before Parliament by the Secretary of State, constitute a statement of practice to be followed in the administration of the Immigration Act 1971 for regulating the entry into, and stay of, persons in the United Kingdom.
6.2 This Statement of Changes in Immigration Rules will be incorporated into a consolidated version of the Immigration Rules. This can be found on the GOV.UK website, where all the Statements of Changes in Immigration Rules issued since May 1994 are published.[footnote 1]
6.3 These changes will be implemented at 1600 on 11 October 2021 as detailed in the implementation section of the accompanying Statement of Changes.
7. Policy background
What is being done and why?
7.1 The Seasonal Worker route is used by edible horticulture workers (fruit and vegetable pickers) to come to the UK and work on farms. Poultry production and haulage driving roles involving the transportation of food goods have been added to the Seasonal Worker Immigration Rules, to allow these workers to come into the UK through the Seasonal Workers route. This route provides the best framework within the immigration system for facilitating the entry of overseas workers in these roles as quickly as possible, in response to potential reduced availability of some food products in the run up to Christmas.
7.2 Applications for the purposes of working in the poultry production sector must be made before 15 November 2021. This is so workers can be in the UK for a meaningful amount of time before their permission ends on 31 December 2021.
7.3 Applications for the purposes of working in haulage driving involving transportation of food goods must be made before 1 December 2021. This is so workers can be in the UK for a meaningful amount of time before their permission ends on 28 February 2022.
8. European Union Withdrawal and Future Relationship
8.1 This instrument does not relate to withdrawal from the European Union or trigger the statement requirements under the European Union (Withdrawal) Act.
9. Consolidation
9.1 The Government has committed to the consolidation of the Rules as part of its response to the Law Commission recommendations on simplifying the Immigration Rules.
10. Consultation outcome
10.1 The changes in this Statement have not been the subject of a formal public consultation, as this would be disproportionate given the nature of the changes.
11. Guidance
11.1 Guidance relating to these Rules changes will be updated and placed on the GOV.UK website.
12. Impact
12.1 There is no, or no significant, impact on business, charities or voluntary bodies.
12.2 There is no, or no significant, impact on the public sector.
13. Regulating small business
13.1 There is no, or no significant, impact on activities that are undertaken by small businesses.
14. Monitoring & review
14.1 The review clauses on page 4 of this Statement of Changes require the Secretary of State to review the operation and effect of all of the relevant Immigration Rules, including any Rules amended or added to by the changes in this Statement, and lay a report before Parliament within five years of 6 April 2017 and within every five years after that. Following each review, the Secretary of State will decide whether the relevant Immigration Rules should remain unchanged, be revoked or amended. A further Statement of Changes would be needed to revoke or amend the relevant Rules.
15. Contact
15.1 Specific written queries relating to this Statement of Changes should be directed to Robert Hayes-Walters at [email protected]. Please note that this mailbox is only for Parliamentary use in relation to specific technical queries regarding the drafting of this Statement of Changes. It is not a contact point for general enquiries. Queries to this e-mail address from outside Parliament about other immigration issues, including how these changes affect applications, will not receive a response.
15.2 More general queries should be directed to the Home Office as per the ‘Contact UKVI’ section on the visas and immigration pages of GOV.UK website at https://www.gov.uk/government/organisations/uk-visas-and-immigration.
15.3 A copy of this Statement of Changes can be found on the visa and immigration pages of the GOV.UK website at https://www.gov.uk/government/collections/immigration-rules-statement-of-changes.
15.4 Della Mcvay at the Home Office can confirm that this Explanatory Memorandum meets the required standard.
15.5 Kevin Foster MP, Parliamentary Under Secretary of State (Minister for Future Borders and Immigration) at the Home Office, can confirm that this Explanatory Memorandum meets the required standard.