Home Office publishes new Statement of Changes to the Immigration Rules, effective from 17 July 2023

The Home Office have issued a new Statement of Changes to the Immigration rules which was published on 17 July 2023.

Significant changes have been made to various categories, but this Article will focus on the changes relevant to students; workers; persons who fall under the EU Settlement Scheme; and Adult Dependant relatives. The changes will take effect on various dates between 17 July 2023 and 01 January 2024. 

Students 

Two major changes have been made under the student route:

Switching

1) removing the ability for persons to switch out of the student route into work routes before their studies have been completed. 

The Home Office has departed from its usual convention of laying new Rules before Parliament 21 days before they come into force and have stated that the changes come into force for applications submitted on or after 3pm on 17 July 2023, i.e., the day of announcement.

Only 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.

This will undoubtedly cause much uncertainty and distress for those who have successfully secured full-time skilled employment prior to course completion and for those companies intending to employ these individuals. This will in turn force these students to rethink their futures in the UK, having financially contributed to the UK economy during their periods of study. The Home Office may now see an influx of Graduate visa applications or see skilled international talent leave the UK to find places of employment in more countries with a more welcoming immigration system.    

Dependants

2) Remove the right for Student visa holders to bring dependants unless, in relation to course dates starting on or after 1 January 2024, they are studying on a postgraduate course that is a PhD or other doctoral qualification, or a research-based higher degree. 

The UK will likely see a reduction in the number of international students coming to study in the UK post 1 January 2024, thus causing significant losses to the UK's economy both financially and in terms of skill and talent available. 

Prospective students who wish to study in the UK and bring their dependants should seriously consider making their applications as soon as possible, to start their courses before 1 January 2024 if they are not undertaking a PhD, doctoral qualification or research-based higher degree.

Work routes 

From 07 August 2023, The Home Office will add a genuineness requirement into the Skilled Worker, Global Business Mobility and Scale up routes. 

The rules state that the applicant must: (a) genuinely intend, and be able, to undertake the role for which they are being sponsored; and (b) not intend to undertake employment other than in the role for which they are being sponsored, or as otherwise permitted by the outlined exceptionsThis requirement will put added pressure on businesses to ensure that their recruitment practises are thorough and accurate. It is interesting that this requirement has been added, as a genuineness test was also a condition for the historical Tier 1 Entrepreneur visa, which was abolished due to the high levels of abuse. How and whether this test will work in practice under these routes is therefore questionable and remains to be seen.

EU Settlement Scheme

The changes also include significant changes to the EU Settlement Scheme (EUSS) so that:

1) persons granted pre-settled status can have their leave extended for a further two years where they haven’t applied for settled status in-time without having made a valid application—this is to enable the government’s planned method to implement the decision in Independent Monitoring Authority for the Citizens’ Rights Agreements v the Secretary of State for the Home Department [2022] EWHC 3274. 

This will ensure that those with pre-settled status who cannot apply for settled status will have the right to continue residing in the UK. This will give such persons a level of certainty and provides applicants who have a high record of absences a second chance to apply for settled status at a later date.  

2) meeting the deadline for making an application (or having reasonable grounds for not doing so) is becoming a validity ground, rather than an eligibility ground- as such this will be assessed before a Certificate of Application is issued.

3) there is a new validity requirement that joining family members cannot be illegal entrants (NB Appendix EU changes come into force on 9 August 2023 and apply to applications on the date of decision). In other words, it won’t be possible for joining family members to bypass the requirement to obtain an EU Settlement Scheme Family Permit by entering illegally, before applying for the correct leave to remain once they have arrived in the UK.

4) the route will be closed on 8 August 2023 to new applications by Surinder Singh and Zambrano applicants. The 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. Surinder Singh applicants will also not be able to make new family permit applications from that date. The Explanatory Memorandum explains that this has been introduced ‘as a matter of fairness to other British citizens wishing to sponsor foreign national family members to settle in the UK’.

5) children of durable partners who have turned 18 since they were granted pre-settled status under the EUSS will now count as dependent relatives. 

Adult Dependant Relatives

An amendment is being made under the Appendix Adult Dependent Relative route to revert to the previous policy position whereby certain partners of Adult Dependent Relatives could come to the UK as an Adult Dependent Relative, where only one of them needs care. In these circumstances, the applicant and their partner must both either be the parents or grandparents of the sponsor. This seems a much fairer approach and follows Article 8's right to a family life approach. 

Conclusion

These changes are motivated by the government's ambition to reduce net migration, as a result of political pressure that is rising ahead of the general election. Therefore, it is likely that further measures will be introduced, and we will continue to provide further updates as these changes arise.