United Kingdom: New Statement of Changes Expands Youth Mobility Scheme, Offers New Guidance on ETA and EUSS

IMPACT

Expanded Youth Mobility Scheme

• Codifying the increase in the age range for those from Australia and Canada from 18 to 35, where previously the age range was 18 to 30. Further, the length of stay has expanded to three years, up from two years. This will go into effect for both countries on January 31, 2024.
• Self-employment will not be allowed under the scheme, except if the applicant has no premises which they own, other than their home, from which they carry out their business, the total value of any equipment used in their business does not exceed GBP 5,000 and the applicant has no employees.
• Andorra has been added to the list of countries and territories participating in Youth Mobility Schemes. This program will commence on January 31, 2024. 
• Update September 25, 2025: The UK Youth Mobility Scheme visa webpage recently included the statement that Uruguay will be added to the list of countries that will be participating in the Youth Mobility Scheme from January 31, 2024. Eligible applicants would need be age 18-30 (like Andorra). The Statement of Changes has not yet been updated to reflect this but it is expected to be updated soon.

• The expansion of the Youth Mobility Scheme allows additional young individuals to enter and work in the United Kingdom. This allows the United Kingdom access to talent that may not have been previously possible under other immigration routes.

Guidance on ETA

• Debts to the National Health Service will no longer be a ground for refusal for issuance of an ETA. Previously, debts over GBP 500 were grounds for refusal.
• Individuals over the age of 16 who are lawfully resident in Ireland are exempt from the requirement to secure an ETA if traveling within the Common Travel Area but must be able to demonstrate residency in Ireland if required by a UK official, to benefit from such exemption. Documents that can be shown include: a permanent residence certificate, European Health Insurance Card, Irish driving license, among others.

• Individuals with debts to the NHS will be able to obtain an ETA. Individuals should note, however, that in all cases, a successful ETA application does not guarantee admission at the UK border and individuals may still be denied entry at the UK border as a result of their outstanding debt.
• Individuals benefiting from the ETA exemption should be aware of the documentary requirements prior to travel.

EUSS Changes

• Removal of the right of administrative review (the right to have refusal checked by the Home Office based on existing evidence on the ground that a mistake has been made in applying the rules) for all decisions on EUSS, EUSS family permits, and S2 Healthcare Visitor visas. However, the right of appeal (which allows a challenge before a tribunal to be made with reference to further evidence and not limited to the grounds available in an administrative review) will be maintained.
• Dependent parents or children who have already been granted limited leave to remain do not need to show evidence that they are dependents in future renewal applications.

• Individuals will have no formal right to ask the Home Office itself to resolve a challenge to one of its decisions. Instead, all challenges will have to be pursued through appeals which may take longer and be more costly. 
• Dependent parents or children who have already been granted limited leave to remain will have less documentary requirements when applying for renewals and should therefore face a simplified process. 

Public funds 

• • List of public funds has been expanded to include benefits received from new Social Security Scotland and the Department of Work and Pensions and Department of Levelling Up, Housing and Communities.

• Individuals with a condition prohibiting recourse to public funds on their permission to stay in the United Kingdom (which includes all individuals on work visas) can no longer obtain such funds which are now added to the definition of “public funds”.

Entry ban 

• Removal of a reference in the immigration rules that those who are deported can be banned from re-entering for up to 10 years; as the rules now stand, individuals can now be subject to an indefinite ban.

• This change clarifies that there can be an indefinite ban on individuals who were deported or removed from the United Kingdom at public expense. The Home Office will have the discretion to deny the immigration applications of individuals who have previously been deported for any period of time.

Definition of “lawful residence” for purposes of Long Residence Rules

• Clarification that “lawful residence” for the purposes of long residence rules excludes any time spent on immigration bail (including previous versions of immigration bail such as temporary admission and temporary release) or any time spent previously as a visitor, short-term student, or seasonal worker.

• Individuals should be aware that they can no longer rely on residence in the United Kingdom under these circumstances when applying for settlement on the grounds of “long residence” which requires 10 years of continuous “lawful” residence.