TNAG-2205-FCO40-3162-Immigration-policy-changes-to-rules-1990 — Page 66

IL GEN 33/90 17 July, 1990

From: Mungham, ISHQ

ENTRY CLEARANCE STAMPS

MVD have informed us that all entry clearances will be standardised using the adhesive vignette system. Posts currently using the rubber visa stamp will switch to the "stick in" type on 1 October.

Letters of consent will remain unchanged.

District Inspectors should arrange to inform carrying companies of the changes.

From: K Rogers, ISHQ

RETURNING RESIDENTS

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2.

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The purpose of this note is to explain the background to the recent changes in the Immigration Rules relating to returning residents and to provide advice on the approach which should be adopted in such cases.

The rules relating to returning residents allow persons normally resident in the United Kingdom to resume their residence after an absence of up to two years, They do not entitle persons resident overseas to maintain settled status in the United Kingdom by paying short visits to this country once every two years.

The recent changes in paragraph 58 of the Immigration Rules (HC251) are intended to underline this basic distinction; they do not represent any change of policy or practice. Accordingly the Home Secretary gave the following assurance during a debate on the Immigration Rules on 15 May 1990:

"These cases rarely cause any difficulty. A person seeking re-admission as a returning resident within two years of having had settled status here should normally be readmitted without further inquiry. We propose to reinforce the message that there is going to be no change in practice by issuing a specific instruction to immigration officers emphasising that in thèse cases it will not normally be necessary to make any further enquiries about the person's plans.

There are two other matters I should emphasise. First, a person who has been away more than two years may still qualify as a returning resident under paragraph 59 of the rules, if, for example, he has lived here most of his life; secondly, if in any case there were difficulties in reaching a decision at the port about whether

the port about whether the person met the returning resident's requirements, he would normally be admitted for a limited period. This would give him the opportunity to produce the necessary evidence and apply for his settled status to be restored."