UK immigration rules announced

London: In a recently published statement of changes, the UK government announced restrictions on student visas and access to the EU Settlement Scheme as well as updates to the Shortage Occupation List.

The key changes impacting employers are detailed below.

The statement of changes has made the following modifications to the student route:

Removing the right for international students to bring dependant family members from 1 January 2024, unless they are on postgraduate courses currently designated as research programmes

Removing the ability for international students to switch out of the student route into work routes before the completion of their studies

As the change prohibiting students to be accompanied by their dependants will only apply to students who are starting courses from 1 January 2024, there will be no impact upon students who are making applications relating to courses starting in autumn 2023. From 1 January 2024, international students will only be able to bring dependants if they are government-sponsored or are studying for a Ph.D., doctorate, or a research-based higher degree. Dependents who are already in the United Kingdom can still extend their leave if they are eligible to do so.

The changes in relation to international students switching out of the student route will affect all international students from 17 July 2023, departing from the usual convention that changes to the Immigration Rules come into force no earlier than 21 days after their being laid in Parliament. This has been implemented to reduce the potential influx of applications for dependants and switching being made in the 21 days usually available.

These changes will remove the ability for students to switch to another route before their studies have been completed. Students who are undertaking courses at degree level or above will still be able to apply before their course has been completed; however, their employment start date must not be before their course completion.

Most commonly, a student will be switching into the Skilled Worker route, and under this route, an employer can assign their Certificate of Sponsorship up to three months in advance of their proposed start date in the United Kingdom, which will allow the applicant to submit their application at this time.

However, it will still be possible to start work once the application is approved, even if this is before the start date on the Certificate of Sponsorship. In the case of Ph.D. students, they will be able to switch after 24 months of study.

The EU Settlement Scheme (EUSS) enables the European Union, other European Economic Area (EEA), and Swiss citizens living in the United Kingdom by the end of the transition period on 31 December 2020, as well as their family members and the family members of certain British citizens returning with them from the EEA or Switzerland, to obtain the UK immigration status they need to continue living in the United Kingdom.

In the past, the Surinder Singh and Zambrano routes under the EUSS and EU Family Permit (EUFP) allowed family members of qualifying British citizens, on their return to the United Kingdom after exercising free movement rights in the EEA, or primary carers of British citizens to secure residence rights in the UK. As of 8 August 2023, these routes will be closed to new applications. These routes will remain open for individuals who already hold status, have a pending application or are under appeal.

This means that British citizens seeking to sponsor foreign national family members or primary carers who previously could have used these routes will no longer have access. They will instead have to meet the Family Immigration Rules applicable to all others and are likely to be subject to requirements which are more difficult to satisfy.

Another change to the EUSS set out in the statement of changes is that those with pre-settled status can have their leave extended without having made a valid application. However, individuals are still required to make an EUSS application if they seek to secure evidence of such status (which is necessary to prove their right to work in the United Kingdom).

Individuals with pre-settled status under the EUSS will automatically have their status extended by two years before it expires if they have not obtained settled status by this time. Meeting the deadline for making an EUSS application, or having reasonable grounds for not doing so, will become a validity ground, rather than an eligibility ground. Therefore, this will be assessed before a Certificate of Application is issued.

Additional changes to the EUSS also include the following:

Illegal entrants no longer being able to make a valid application to the EUSS as a joining family member

Changes to dependent relatives to include “the child of a durable partner, where the child has turned 18 since they were granted pre-settled status under the EUSS”

The Home Office has implemented recommendations from the Migration Advisory Committee to add certain construction and fishing industry occupations to the shortage occupation list:

Foreign nationals applying under these occupational codes will benefit from lower visa fees and salary thresholds.

Additionally, workers who are sponsored for General Practitioner specialty training are to be granted permission until four months, rather than 14 days, after the end date of their Certificate of Sponsorship, and they will be permitted to undertake supplementary employment during this period.

New genuineness requirements have also been introduced in Appendix Skilled Worker, Appendix Global Business Mobility routes, and Appendix Scale-up. In each case, an applicant must be able to show that they genuinely intend and are able to undertake the role for which they have been sponsored, and that they don’t intend to take unpermitted additional employment.

There have been several other changes, including to the Ukraine Extension Scheme. The Ukraine Extension Scheme currently allows Ukrainian nationals to extend their stay in the United Kingdom if they had leave to remain at any point between 18 March 2022 and 16 May 2023. This route was planned to close to new applicants on 16 November 2023. The Statement of Changes has amended the latest date on which an applicant must have had to leave to 16 November 2023 and extends the deadline for new applications to 16 May 2024.

Other changes include amendments to the restrictions on access to public funds for Hong Kong BN(O) individuals and under the Private Life routes. There has been an introduction of new Diplomatic Missions Interns Scheme for the Government Authorised Exchange route. From 7 August, New Zealand nationals can now extend their existing two-year Youth Mobility visas for a further one year.

Employers should ensure that they understand the updates and check that their business activities are not in breach of any rules or compliance obligations. Employers should consider the stage that potential student applicants are at with their study, keeping in mind the new requirements for the start date of their sponsorship. These changes, particularly to the student route, signal a response to the government’s commitment to reduce net migration.