Home Office publishes new Statement of Changes HC 1160

Thursday 16 March 2023

On 9 March 2023, the Home Office published its latest Statement of Changes in Immigration Rules with an accompanying Explanatory Memorandum. This latest Statement of Changes most pertinently delivers the Electronic Travel Authorisations (ETA) scheme, the introduction of the Innovator Founder route, and updates to salary and sponsor requirements in work routes. This article provides an overview of the most significant changes, most of which will come into force on 12 and 13 April 2023.

Introduction of Appendix Electronic Travel Authorisation

As part of the Government’s priority to strengthen border security, this appendix creates the Electronic Travel Authorisations (ETA) scheme. This initiative will require non-visa national travellers – those who do not require permission from the Home Office to enter the UK as a visitor – who wish to visit or transit through the United Kingdom to request and be granted electronic permission. Please note that the ETA scheme will not apply to British and Irish nationals. Visa nationals – those who require permission from the Home Office to enter the UK as a visitor – with valid entry clearance and those with visas will not require an ETA. From 15 November 2023, nationals of Qatar travelling to the UK will need an ETA, and from 22 February 2024, nationals of the following countries must apply for and be granted an ETA before travel:

  • Bahrain
  • Jordan
  • Kuwait
  • Oman
  • Saudi Arabia
  • United Arab Emirates

The Government indicates that more countries will be added to the scheme at a later date, with the expectation that the scheme will eventually apply to all non-visa nationals.

Introduction of Appendix Innovator Founder

Following the closure of the Tier 1 (Investor) route on 17 February 2022, the Government had indicated its intention to amend the Innovator route to include an investment component. Instead elements of the Innovator and Start-Up routes shall be amalgamated into the Innovator Founder route, which will remove the £50,000 minimum funds requirement and relax existing restrictions on engaging in secondary employment on 13 April 2023.

As the minimum funds requirement will be removed, the Start-up route will also close for new initial applications except where they are supported by endorsements which are issued before 13 April 2023. These changes aim to enable those with a genuine proposal for an innovative business and sufficient funds to deliver it to do so in the UK. However details regarding the legacy, current and new endorsing bodies are yet to be confirmed by the Government.

Changes to Appendix Skilled Worker and Appendix Skilled Occupations

In line with the increases in National Minimum Wage from 1 April 2023, applications may be refused where a caseworker has reasonable grounds to believe that the role does not comply with Working Time Regulations or the National Minimum Wage Regulations. This change applies to all sponsored work visa routes.

Under the Skilled Worker route, new minimum salary thresholds will apply as follows:

  • general threshold for applicants – £26,200 per year;
  • applicants with a relevant PhD – £23,580 per year;
  • applicants with a PhD in a STEM subject area – £20,960 per year;
  • hourly rates across all categories – £10.75 per hour.

Additionally, the Statement clarifies minimum salary categories for three of the new routes introduced in 2022:

  • Scale-up route – £34,600;
  • Senior or Specialist Worker visa (Global Business Mobility) – £45,800.

These rates apply with the caveat that if an entry clearance or leave to remain application is submitted using a Certificate of Sponsorship issued before 12 April 2023, it will be decided under the rules in force on 11 April 2023 whereby lower salary thresholds and current salary calculations will apply.

Amendments have been made throughout Appendix Skilled Occupations to reflect a change in the going rate for base salaries from a 39-hour working week to 37.5 hours per week. Additionally, changes are inserted to clarify how wages are considered and calculated for those working shift patterns or irregular hours.

Changes to Appendix Global Talent 

The Government shall introduce changes to endorsement criteria and evidential requirements and clarify consideration processes for Global Talent applications. The Global Talent visa provides a route for highly talented and promising individuals in the science, technology, engineering, medicine, humanities, culture and arts sectors to live and work in the UK subject to few restrictions.

This change is particularly relevant for clarification of the process by which subject-matter expert endorsing bodies shall consider the evidence for applications by insertion into the Immigration Rules.

Additionally, the Global Talent settlement criteria have been updated to enable time spent in the UK as a Representative of an Overseas Business to count towards the three or five years continuous residence period.

Changes to the Youth Mobility Scheme (YMS)

In addition to new quotas for each participating country of the Youth Mobility Scheme, the age range and length of stay for New Zealand nationals will extend from age 18 up to 35 years old and from two to three years, respectively.

Additional places have been allotted to Australian nationals (an extra 5,000) and Canadian nationals (an extra 2,000), though the age range remains 18 to 30.

Changes to EU Settlement Scheme (EUSS) and EUSS family permit

The EUSS enables EU, other European Economic Area (EEA) and Swiss citizens living in the UK by the end of the transition period on 31 December 2020, and 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 UK. The EUSS family permit enables relevant family members to travel to the UK.

The Immigration Rules shall change to provide clarification on durable partners – an issue that has seen litigation over the past year. The Explanatory Memorandum to the Statement of Changes HC 1160 notes that ‘the original policy intent under the EUSS [entails]… that it is only where they had another lawful basis of stay in the UK before the end of the transition period that a durable partner who was not documented as such under the EEA Regulations can rely on that residence.’

Long Residence

The Statement introduces changes to clarify the definition of lawful and continuous residence to obtain settlement through long residence. Time in the UK on immigration bail, as a visitor, as a short-term student and on Seasonal Worker routes do not count towards this route. In sum, time spent in a route where the maximum grant of leave is 12 months and switching is generally not permissible will not be counted towards long residence.

Returning Resident 

Finally, the Immigration Rules shall be amended to change the process by which returning residents may return to the UK. Migrants who previously obtained settlement in the UK but then left the country for two years or more may apply to reinstate rights of permanent residence even when applicants have returned as a visitor. However, applicants must submit such applications from outside the United Kingdom. Please note that this change shall not benefit migrants who lost their settled status under the EU Settlement Scheme.

Written by Hannah Berkeley and Phoebe Warren.

Get in touch

To learn more about forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.

Hannah Berkeley


Lawyer - PSL

Phoebe Warren


Paralegal - PSL


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