Over the summer, the government published a Statement of Changes (HC1493), introducing a wide range of updates to the UK's Immigration Rules. Here we've created an A-Z guide to the changes and when they took effect.
Adult Dependent Relative
Implementation date: 7 August 2023
What is the change?
The partner of an Adult Dependent Relative can now apply to come to the UK along with their partner, so long as they are both the parents or grandparents of the UK-based sponsor.
Why is it changing?
This is the result of amending a drafting error in Appendix Adult Dependent Relative.
Appendix EU
Implementation date: 9 August 2023
There are several changes to Appendix EU that require further explanation. These are:
- Automatic extensions of Pre-Settled Status
- Closure of Surinder Singh and Zambrano routes
- New validity requirements targeting late applications and illegal entrants
Also, children of durable partners can be granted status where they have turned 18 since their previous grant of leave (Annex 1(a)(iii) 'dependent relative').
Automatic extensions of pre-settled status
What is the change?
Wording has been added to pre-settled status confirming that the Home Office 'may extend that limited leave, regardless of whether the person has made a valid application under this Appendix for such an extension'.
What does this mean?
Those with pre-settled status who have not applied for settled status in time will receive automatic two-year grants of leave, while in 2024 automated checks will commence, followed by, if relevant, grants of settled status.
Why the change?
This implements the decision in R (Independent Monitoring Authority for the Citizens' Rights Agreements) v Secretary of State for the Home Department [2022] EWHC 3274 (Admin), which held that only one application could be required under the EU Settlement Scheme (EUSS).
Closure of Surinder Singh and Zambrano routes
What does this mean?
The EUSS will close to new applications from Surinder Singh family members (those accompanying a returning British family member to the UK after exercising free movement rights) and to Zambrano applicants (broadly, primary carers of British citizens). Overseas applications for a family permit for Surinder Singh applications will also close to new applications on the same date.
Those who have already submitted applications under this route will not be affected.
Why the change?
Both of these routes are not covered by the UK-EU Withdrawal Agreement and practically speaking, there have been ongoing legal challenges with the Home Office's definition of a Zambrano carer and it is still refusing applications for pre-settled status on the basis that Zambrano carers should apply under the Immigration Rules for leave as a parent instead (the 'Velaj assessment').
New validity requirements targeting late applications and illegal entrants
What is the change?
- The test for showing 'reasonable grounds' for the late applications to the EUSS will be a validity requirement rather than an eligibility requirement (para EU9(e)).
- Applications made on or after 9 August 2023, by 'illegal entrants' (as defined in section 33(1), Immigration Act 1971 (IA 1971)), will also be rejected as invalid (para EU9(f)).
What does it mean?
A Certificate of Application will not be issued until a decision-maker has accepted the reason given for the lateness of the application. This may lead to a delay in the issue of Certificates and therefore the ability to access/continue accessing employment and services.
It also means that while an applicant will be able to re-apply if their grounds for a late application are not accepted, they may need to bring a judicial review if they cannot supply more relevant residence evidence on the second attempt.
Asylum
Two changes have been made to Part 11 on asylum claims, with two different implementation dates:
- Abolition of the differentiated asylum process
- Increased powers to withdraw an asylum claim 'implicitly' for alleged noncompliance
Abolition of the differentiated asylum process
Implementation date: 17 July 2023
What is the change?
Previously, some refugees would have received downgraded leave as a result of their manner of entry and claim and all persons granted humanitarian protection were granted downgraded leave. From 17 July, all refugees and persons granted humanitarian protection will receive the same five year period of leave (paras 339QA-339QE).
What does it mean?
Any persons already given downgraded leave will be contacted and will have their leave upgraded. The refugee family reunion rules have been amended in line with this change.
Withdrawal of asylum claims for noncompliance
Implementation date: 7 August 2023
What is the change?
The Home Office will have increased powers to withdraw an asylum claim 'implicitly' for alleged noncompliance (amending para 333C).
What does it mean?
On the surface, it is implied that the Home Office has discretion to withdraw claims where an asylum applicant fails to keep in touch with them, such as by failing to report. At the moment, it is unclear if this just extends to breaking immigration bail conditions, or whether it includes failing provide up to date contact details.
We foresee legal challenges arising from this measure if instances of alleged noncompliance result from administrative errors or if these powers are (ab)used to refuse otherwise meritorious claims on purely procedural grounds.
Hong Kong BNO
Implementation date: 7 August 2023
What is the change?
Hong Kong British National (Overseas) visa holders can now request a change in conditions to access public funds on the same terms as Appendix FM visa holders.
What does this mean?
Those on this visa route who are destitute or at risk of destitution can apply for public funds if there is likely to be an adverse impact on the welfare of a child or if there are exceptional circumstances, include disability-related expenses.
Why is it changing?
This change follows a legal challenge under Appendix FM that was settled in February 2023.
Private Life
Implementation date: 7 August 2023
What is the change?
Similar changes to those for Hong Kong BNO have been made to the public funds Rules for persons being granted limited leave to remain under Appendix Private Life due to their length of residence in the UK.
Why is it changing?
This change aligns the access to public funds Rules under this route with the similar Rules under Appendix FM.
Seasonal Worker
Implementation date: 7 August 2023
What is the change?
The hourly rate for occupation codes 5431 and 5433 in this route are being changed to at least £10.75 for each hour worked.
Why is it changing?
To align to the hourly rate for the Skilled Worker route, 'as workers in those occupation codes are also eligible to be sponsored on that route' (para SAW4.1(g)).
Skilled Worker
Implementation date: 7 August 2023
Appendix Shortage Occupation List
What is the change?
Appendix Shortage Occupation List is being amended to add the following:
- 5119 Agriculture and fishing trades not elsewhere classified—only jobs in the fishing industry
- 5312 Bricklayers and masons—all jobs
- 5313 Roofers, roof tilers and slaters—all jobs
- 5315 Carpenters and joiners—all jobs
- 5319 Construction and building trades not elsewhere classified—all jobs
- 5321 Plasterers—all jobs
- 9119 Fishing and other elementary agriculture occupations not elsewhere classified—only deckhands on large fishing vessels (9 metres and above) where the job requires the worker to have at least three years' full-time experience in using their skills.
NB – Appendix Skilled Occupations is being amended so that dryliners will fall within the occupation plasterers (5321) in Table 1, as regards Skilled Worker applicants.
Why is it changing?
To 'support the fishing industry in becoming fully compliant with the immigration system following the implementation of Section 43 of the Nationality and Borders Act 2022'.
Health Workers
Two changes may affect health professionals with the following occupation codes going forward:
- 2211 Medical practitioners for General Practitioner (GP) specialty training
- 2211 Medical practitioners (Scotland)
What is the change?
- Medical practitioners for General Practitioner (GP) specialty training will be granted entry clearance or permission to stay until four months after the end date of their CoS, rather than the usual 14 days (para SW 18.1A).
- The annual salary for specialty registrars in occupation code 2211 Medical practitioners (Scotland) will be combined and decreased from £38,051/£43,998 to a single required salary of £36,472 (Appendix Skilled Occupations).
Why is it changing?
Because, unlike other applicants who have qualified in the UK, individuals using this code cannot benefit from the Graduate route and may need additional time to find employment with a GP practice that is a licensed sponsor.
Switching – Student to Work Visas
Implementation date: 3 pm on 17th July 2023
What is the change?
Previously planned to take effect in January 2024, it is now a Validity Requirement for those looking to switch from Student visas into specified sponsored work routes as main applicants to complete their course of study before switching.
The routes to which this applies are:
- Skilled Worker
- Global Business Mobility (GBM)—Senior or Specialist worker
- GBM—Graduate Trainee
- GBM—UK Expansion Worker
- GBM—Service Supplier
- GBM—Secondment Worker
- Minister of Religion
- Scale-up
- International Sportsperson
When it comes to defining "completion", applicants need to either:
- have completed their CAS-assigned course,
- be studying a full-time course of study at degree level or above AND have a start date on their Certificate of Sponsorship (CoS) for their new employment no earlier than the course completion date, or
- be studying a full-time course of study leading to the award of a PhD AND have a start date their new CoS no earlier than 24 months after the course start date.
People applying in the following routes MUST meet either the first or the third requirements above (ie completed the course or have studied for a PhD for at least 24 months) by the date of application:
- dependant partners and children of persons applying in the above routes
- main applicants and dependent partners and children applying in the Representative of an Overseas Business route
- main applicants and dependent partners and children applying in the UK Ancestry route
- main applicants and dependent partners and children applying in the Global Talent route
- main applicants and dependent partners and children applying in the High Potential Individual route
- main applicants and dependent partners and children applying in the Innovator Founder route
- dependent partners and children applying in the Religious Worker route
- dependent partners and children applying in the Creative Worker route
- dependent partners and children applying in the International Agreement route, and
- dependent partners and children applying in the Government Authorised Exchange route
What does this mean?
Main applicants for the Skilled Worker and other sponsored work routes will be able to apply in advance of having completed the course – as long as their start date complies with the rules – whereas those applying in the second list of categories will not.
Therefore, if postgraduates intended to apply for the Graduate visa in due course, any partners and children needed to apply to join them while they had Student permission.
Why is it changing?
The sudden introduction of these changes to rules with no notice was done intentionally 'to reduce the possibility of a large number of applications for dependants and switching being made in the 21 days usually available between Immigration Rules changes being laid and coming into force'.
However, the changes were mentioned in a May press release, in which the reasoning behind the changes was that people were 'using a student visa as a backdoor route to work in the UK'. Apparently the Home Office saw a trend of people using the Student route to enrol on UK Higher Education courses they never intended to complete before switching to worker routes.
Ukraine Extension Scheme
Implementation date: 7 August 2023
What is the change?
The deadline for in-country applications to this scheme has extended from 16 November 2023 to 16 May 2024 and the deadline by which applicants must have held limited leave has been changed from 16 May 2023 to 16 November 2023.
What does it mean?
Applicants will have 6 months longer to apply on a sliding scale.
Work routes – General
Implementation date: 7 August 2023
New migrant 'genuineness' requirement in various work routes
What is the change?
A new genuineness eligibility requirement has been added to the following work routes:
- Skilled Worker (para SW 14A.1),
- GBM—Senior or Specialist worker (para SNR 9A.1)
- GBM—Graduate Trainee (para GTR 9A.1)
- GBM—UK Expansion Worker (para UKX 9A.1)
- GBM—Service Supplier (para SSU 9A.1)
- GBM—Secondment Worker (para SEC 7A.1)
- Scale-up (para SCU 7A.1)
What does this mean?
For all routes bar Scale-Up (to which the second requirement doesn't apply) this is that the applicant must:
- genuinely intend, and be able, to undertake the role for which they are being sponsored, and
- not intend to undertake employment other than in the role for which they are being sponsored, or supplementary employment
Why is it changing?
It is stated that this new requirement is being added 'for consistency with Temporary Work routes'. However, it opens up the possibility for persons with entry clearance in the Skilled Worker route to being refused on genuineness issues, and for those with leave to have it cancelled on the basis of deception.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
