19 Jul New changes to the Immigration Rules (HC 1496)
The Home Office announced a series of changes to the immigration rules on 17 July 2023. The amendments primarily concern the EU Settlement Scheme, Student Route, and the Shortage Occupation List.
Changes to the EU Settlement Scheme (EUSS) and EUSS family permit
- Make a valid application
In terms of the EU Settlement Scheme and EUSS family permit, a significant change is that the requirement of “meeting the deadline“, namely 30 June 2021, now falls under the “validity” section rather than “eligibility”. This allows the Secretary of State to prioritize the assessment of whether a valid application was made ahead of other eligibility and suitability requirements.
- Extension of pre-settled status
In line with the Citizens’ Rights Agreements and the Independent Monitoring Authority for the Citizens’ Rights Agreements v the Secretary of State for the Home Department [2022] EWHC 3274 (Admin) (21 December 2022) judgment, an EU Settlement Scheme (EUSS) permit holder’s right of residence in the UK will not expire by failing to submit an extension application under the EUSS. Going forward, the Secretary of State will automatically grant the extension as authorized by the Immigration Act 1971 sections 3(3)(a) and 4(1). In brief, the Home Office will have the right to vary a person’s leave without requiring a valid application to be made.
- Closure of two routes
On 8 August 2023, it will no longer be possible to apply as a family member of a qualifying British citizen (commonly referred to as ‘Surinder Singh’ cases) and the primary carer of a British citizen (known as ‘Zambrano’ cases). The UK has implemented generous transitional provisions that allow individuals in these categories to access the EU Settlement Scheme for more than four years. However, “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.”
Changes to the Student route and consequential changes to work routes
- No more dependants of a general student
As of January 2024, only dependents of family members enrolled in postgraduate courses in the UK will be able to join or accompany the main applicant. However, existing dependents on the route will be allowed to apply for extensions under the current provisions.
- Restrictions for students to switch to the skilled worker route
Broadly speaking, students will not be able to switch in-country to another route until they have finished their courses. However, students enrolled in degree-level courses or above will have the option to apply before completing their studies to switch to sponsored work routes, provided that their employment start date does not precede their course completion. Additionally, students pursuing PhDs will be eligible to switch after 24 months of study.
Changes to the Skilled Worker route
- The Shortage Occupation List (SOL)
A new set of eligible roles has been added to the shortage occupation list, including:
5312 Bricklayers and masons
5313 Roofers, roof tilers and slaters
5315 Carpenters and joiners
5319 Construction and building trades not elsewhere classified
5321 Plasterers
Moreover, to support the fishing industry, these two jobs are also concluded in SOL.
5119 Agriculture and fishing trades not elsewhere classified
9119 Fishing and other elementary agriculture occupations not elsewhere classified
- Longer period granted for General Practitioner (GP) specialty training applicants:
An amendment has been introduced for individuals, who are being sponsored to carry out General Practitioner (GP) specialty training. Instead of the usual 14-day period, they will now be granted permission four months after the end date of their certificate of sponsorship. This change is deemed necessary because, unlike other applicants who have completed their qualifications in the UK and can benefit from the Graduate route, GP specialty training applicants may require additional time to secure employment with a GP practice. Additionally, this change will allow them to undertake supplementary employment during this extended period.
- Genuine intention to work and work legally under Temporary Work routes:
To maintain consistency with Temporary Work routes, a specific requirement has been added to clarify that applicants must genuinely intend to undertake their sponsored job and not intend to work in breach of their conditions. This requirement complements existing provisions within the Rules and ensures that applicants demonstrate a genuine commitment to working legally under the Temporary Work routes.
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