The Home Office published the new statement of changes to the Immigration rules on 17 July 2023. The new statement is mainly concerned with changing rules to stop the abuse of immigration rules. The new changes relating to the student route, and consequential changes to work routes came into effect at 15:00 on 17 July 2023
The statement of changes confirms that students will only be eligible to bring dependents to the UK with them if they are:
The changes in relation to dependents will only apply to those students’ starting courses from 1 January 2024, therefore, no immediate effect on those students making applications relating to courses starting in autumn 2023.
These rules do not affect the dependents who are currently in the UK and they will be permitted to extend their leave in the UK under the previous rules.
Students can now only switch to other immigration routes if they have completed their course of study or, in the case of a PhD, if they have completed at least 24 months of it.
For those that are on courses at degree level or above they will be permitted to apply before their course completion to switch to sponsored work routes, as long as their employment start date is not before their course completion date.
The shortage occupation list has been updated to include several construction jobs such as bricklayers and masons, roofers, roof tilers and slaters, carpenters and joiners, plasterers, and construction and building trades not elsewhere classified.
A new genuineness requirement has been introduced to the Skilled Worker, Appendix Global Business Mobility routes, and Appendix Scale-up routes. In each case, an applicant must show that they:
It has yet to be confirmed how an applicant will show that they genuinely intend and are able to undertake the role for which they have been sponsored. This could well mean evidence of previous experience in the form of an up to date CV, references from previous employers or even video evidence for some industries.
Unpermitted additional employment is also to be clarified. At present, an individual is permitted to take on additional 20 hours of work provided the additional role is either in the same occupation code and at the same level as their main job or in a shortage occupation role.
If you would like to know more about this statement of change, please don’t hesitate to contact us should you need any further advice or assistance.