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The Government published its latest Statement of Changes (“SOC”) to the Immigration Rules on 17 July 2023.
The full statement, alongside the explanatory memorandum can be accessed here.
This SOC implements changes to the student visa rules and the EU settlement scheme as well as widening the number of roles on the Shortage Occupation List. We provide an overview of the most pertinent changes below.
| Change | Further details | Likely impact |
| Switching from a student visa |
From 15.00pm on 17 July 2023 international students are no longer able to switch out of the student route into work routes until they have completed their studies. International 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. From the same time, international students cannot apply for permission to stay as a dependant in the following routes unless they have completed their course of studies or have been a PhD student for at least 24 months:
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Whilst we had notice that this change was coming most didn’t anticipate this coming into fruition until January. We understand the immediate application of this change was deliberate to avoid a large number of applications being submitted before the rule change happened. Any students who were planning to switch into the Skilled worker route will now have to wait until they have completed their course. This change is driven by the Government’s commitment to reduce net migration. |
| Restrictions for dependants of Student visa holders |
Under the current rules students are permitted to bring dependants with them to the UK. However, for courses starting on or after 1 January most international students will be prevented from bringing dependants unless they are government-sponsored or are studying towards a PhD, another doctoral qualification, or a research-based higher degree. This change came into force on 15.00pm on 17 July 2023, but only affects future cohorts as outlined above. |
As a result of this change most students will no longer be able to bring their dependants with them to the UK. This could lead to multiple students looking to study elsewhere, in countries with less prohibitive rules in relation to dependants. |
|
Additions to the Shortage Occupation List (“SOL”) |
The SOL for skilled workers will be expanded to include additional roles in both the construction and fishing industry. Construction The following roles will be added:
Dryliners are also going to be reclassified to the same occupation as plasterers. Fishing The following roles will be added:
This change will be effective from 7 August 2023. |
The advantage of a role appearing on the SOL is that it offers lower salary requirements and lower visa application fees. As a result, those in the construction and fishing industry will hopefully see the widening of the SOL as a positive change. The changes should allow those in these industries to sponsor a wider pool of candidates, which will hopefully help to address the skills shortages within the UK, which have been particularly felt in the construction industry following Brexit. It will be interesting to see what further changes, if any, the Migration Advisory Committee (“MAC”) recommend following their review of the SOL. We understand that this report is due to be published in Autumn of this year. Whilst we think it unlikely it isn’t impossible that the review could lead to some hospitality roles also being added to the SOL. |
| New genuineness requirement |
A specific requirement is being added to confirm that applicants must:
This change will apply for applications submitted on or after 7 August. |
Interestingly this new requirement covers the intention of the applicant. The Home Office have confirmed this change was introduced ‘for consistency with Temporary Work routes’. It may be that this change has been introduced to strengthen the power of the Home Office to refuse applications. We wait to see what impact this may have on the evidence visa applicants may be required to provide with their applications. |
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Formalising the decision of the court in relation to the EU Settlement Scheme (EUSS) |
Last year, the High Court found that the EUSS breached the Withdrawal Agreement between the UK and the EU as those with pre-settled status could lose their residence rights if they had not applied for or secured settled status before their pre-settled status expired. The court felt that those with pre-settled status should not lose their rights in these circumstances. Automatic extension of pre-settled status This has now been formalised in the SOC and in a separate announcement the Home Office confirmed that people with pre-settled status under the EUSS will automatically have their status extended by 2 years before it expires if they have not obtained settled status. Automatic conversion of pre-settled status to settled status As part of this announcement the Home Office also suggested at some point in 2024 those with pre-settled settled status will start to be automatically upgraded to full settled status. |
This will be welcome news to many individuals who hold pre-settled status as it means their rights are protected even if they fail to make a further application. We will need to wait and see what this means for the steps that employers will need to take in order to check RTW in such circumstances. |
| Ukraine Extension Scheme |
The SOC extends the scheme so that it now includes Ukrainian nationals with permission to stay in or enter the UK for any period between 18 March 2022 to 16 November 2023. The SOC also extends the deadline for new applications to 16 May 2024. These changes are in force from 7 August 2023. |
This will be welcome news to those who are seeking to rely on this scheme and will hopefully provide greater certainty in respect of their immigration status. |
| Youth Mobility Scheme (YMS) |
The rules are being amended to clarify that New Zealand nationals currently in the UK with a valid YMS visa who are applying for the 1-year extension can receive a total of 3 continuous years of leave (including the original grant of permission to enter). These changes are in force from 7 August 2023. |
This will be a welcome clarification for those New Zealand nationals who hold a YMS visa. Outside of the SOC similar enhanced rights have also been agreed with Canada and Australia to take effect on a future date. It will be interesting to see if additional countries are added to the YMS eligibility list in the coming months, particularly with it recently being reported that the Home Office has begun discussions with some EU countries after being asked to agree more YMSs. |
Outside the SOC proposed increases to visa application fees have been announced by the Chief Secretary to the Treasury. Full information can be found here. The proposed increases include:
• 15% increase for work and visit visas;
• At least a 20% increase for certificates of sponsorship, study visas, settlement, citizenship, wider entry clearance, leave to remain and priority visas; and
• Increase to £1,035 per year of visa sought (£776 for the discounted rate for students and under 18s) for the Immigration Health Surcharge.
There will also be an equalising of costs for in-country and out of country priority services.
There is currently no indication as to when these increases will be implemented. However, these increases are likely to put the MAC review of the SOL into sharper focus as roles that appear on the SOL attract lower visa application fees.
It will be important that businesses are factoring these increases into upcoming recruitment plans and budgets and if able to do so employers should seek to submit applications asap to try and avoid the increases. We expect the cost increases will also result in increased use of claw-back agreements from employers who cover all the visa costs.
Given the continued pressure the government is facing to reduce migration it is likely that more restrictive measures will continue to be implemented through future SOC. It will be interesting to see what the next SOC will bring, especially as a balance will need to be struck by the government between reducing net migration and avoiding making the UK unattractive to businesses and top talent.
This publication is intended for general guidance and represents our understanding of the relevant law and practice as at July 2023. Specific advice should be sought for specific cases. For more information see our terms & conditions.
Date published
26 July 2023
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