Statement of Changes to the Immigration Rules HC1496 (17 July 2023) and HC 1715 (19 July 2023)

Student visa route changes (dependants and switching)

The changes relating to the Student route, and consequential changes to work routes, came into effect at 15:00 on 17 July 2023. The changes in relation to dependants will only apply to those students starting courses from 1 January 2024, so there will be no effect on those students making applications relating to courses starting in autumn 2023.

– Removing the right for international students to bring dependants unless they are on postgraduate courses currently designated as research programmes; and

– Removing the ability for international students to switch out of the student route into work routes before their studies have been completed.

Exemption is applicable to dependants that are already in the UK to extend their stay, and for international students on taught postgraduate courses beginning before 1 January 2024 to bring dependants. Dependants of government-sponsored students and for dependent children who are born in the UK will also be exempt.

The switching restrictions will ensure that students are generally not switching incountry to another route until they have completed their courses. Students on courses at degree level or above will be able to apply before course completion to switch to sponsored work routes, as long as their employment start date is not before their course completion. Those studying towards PhDs will be able to switch after 24 months’ study. “Research based higher degree” means a postgraduate programme comprising a research component (including a requirement to produce original work) that is large than any accompanying taught component when measure by student effort”.

Changes to the Skilled Worker route

The following jobs have been included in the Shortage Occupation List. Many jobs in construction industry have been included in the Shortage Occupation List.

5312 Bricklayers and masons
5313 Roofers, roof tilers and slaters
5315 Carpenters and joiners
5319 Construction and building trades not elsewhere classified
5321 Plasterers

Jobs in the fishing industry in the following occupations are also being added to the Shortage Occupation List:

5119 Agriculture and fishing trades not elsewhere classified
9119 Fishing and other elementary agriculture occupations not elsewhere classified

The Shortage Occupation List offers lower salary requirements and lower visa application fees for jobs identified as being in shortage and where immigration is a sensible part of addressing that shortage.

Skilled Worker, Global business mobility and Scale-up routes – Genuineness requirement

From the 7th of August for consistency skilled worker, global business mobility and scale-up routes will be subject to a new genuineness test requirement where applicants must genuinely intend to undertake their sponsored job, and not intend to work in breach of their conditions.

Changes to the EU Settlement Scheme (EUSS) and EUSS family permit

The changes in respect of the Immigration Rules for the EUSS:

– Valid application – to make meeting the deadline (31 December 2020) for the application a validity rather than an eligibility requirement;
– Route closures – to close the EUSS on 8 August 2023 to new applications under two routes not covered by the Agreements: family member of a qualifying British citizen (on their return to the UK having exercised free movement rights in the EEA or Switzerland, known as ‘Surinder Singh’ cases) and primary carer of a British citizen (known as ‘Zambrano’ cases). These routes will remain open to those who are already on them (or with a pending application, administrative review or appeal) or who have pending access to them via a relevant EUSS family permit.
– Dependent relatives – to include within the EUSS the child of a durable partner where the child has turned 18 since they were granted pre-settled status under the scheme.

Extension of the Ukraine Extension Scheme

Ukrainian nationals who obtained permission to enter or stay in the UK for any period between 18 March 2022 and 16 November 2023 are allowed to apply to the Ukraine Extension Scheme and obtain 36 months’ permission to stay in the UK.

Ukrainian nationals who travel to the UK without making an application to one of the Ukraine Schemes can be considered for six months’ Leave Outside the Rules at the border.

New Visa Nationals List

Effective from 19th of July 2023 the following nationalities have been included into the Visa National List which means that these nationalities will need to apply for a visa before they can travel to the UK.

– Dominica
– Honduras
– Namibia
– Timor-Leste
– Vanuatu