Home Office publishes new Statement of Changes HC 1496
Tuesday 18 July 2023
On 17 July 2023, the Home Office published its latest Statement of Changes in Immigration Rules with an accompanying Explanatory Memorandum (EM). This newest Statement of Changes delivers changes to Student route rules, a pause to the asylum differentiation policy, additions to the Shortage Occupation List, changes to the EU Settlement Scheme and an extension of the Ukraine Extension Scheme.
This article provides an overview of the most significant changes, some of which immediately came into force at 15:00 on 17 July 2023, with the EM noting that the Government considers its departure from the usual 21-day implementation convention ‘necessary and proportionate.’ As identified below, other changes will be implemented from 7 August 2023.
Changes to Student route – immediately implemented
Dependants
Following the Home Secretary’s announcement on 23 May 2023, the Immigration Rules have been changed to prevent most international university students from bringing dependants unless their course is a PhD, research-based higher degree or other doctoral qualification. These changes will apply for courses starting on or after 1 January 2024.
Switching
International students can no longer switch to work routes in-country before completing their studies. The EM notes that ‘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.’ PhD students can switch after 24 months of study, however.
Further, 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:
- Skilled Worker;
- Global Business Mobility (Senior or Specialist Worker, Graduate Trainee, UK Expansion Worker, Service Supplier and Secondment Worker)
- T2 Minister of Religion;
- Representative of an Overseas Business;
- Global Talent;
- High Potential Individual;
- Scale-up;
- Innovator Founder;
- International Sportsperson;
- UK Ancestry; and
- Temporary Worker (Creative Worker, Charity Worker, Religious Worker, International Agreement and Government Authorised Exchange).
Additions to the Shortage Occupation List
The Shortage Occupation List (SOL) shall be amended to include the following recommendations made by the Migration Advisory Committee (MAC):
- 5119 – Agriculture and fishing trades not elsewhere classified (only jobs in the fishing industry);
- 5312 – Bricklayers and masons (all jobs);
- 5313 – Roofers, roof tilers and slaters (all jobs);
- 5315 – Carpenters and joiners (all jobs);
- 5319 – Construction and building trades not elsewhere classified (all jobs);
- 5321 – Plasterers (all jobs);
- 9119 – Fishing and other elementary agriculture occupations not elsewhere classified (only deckhands on large fishing vessels where the job requires the worker to have at least three years full-time experience using their skills – experience must not have been gained by undertaking illegal work).
Changes to EU Settlement Scheme
Several changes will be implemented to the EU Settlement Scheme from autumn 2023, including the following:
Automatic extension of pre-settled status
- from September 2023, people with pre-settled status under the EU Settlement Scheme will automatically have their status extended by two years before it expires if they have not yet obtained settled status;
- process to be automated by the Home Office and reflected in digital status – migrants will be notified of the extension directly.
Automatic conversion of pre-settled status to settled status
- Home Office to automatically convert as many eligible pre-settled status holders to settled status as possible once they are eligible, without the need to make an application;
- during 2024, automated checks of pre-settled status will establish their ongoing continuous residence in the UK with safeguards to ensure settled status is correctly granted.
Closure of Zambrano and Surinder Singh routes
- change to close the EUSS on 8 August 2023 to new applications under the Zambrano and Surinder Singh routes;
- the routes will remain open only to those 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.
Closure of EUSS Family Permit for family members of qualifying British citizens
- change to close the EUSS on 8 August 2023 to new applications under the EUSS Family Permit route as a family member of a qualifying British citizen;
- those granted an EUSS Family Permit as such as a family member (including on appeal) following an application made by 8 August 2023 will still be able to come to the UK;
− they will be able to apply to the EUSS whilst in the UK, where they do so before the expiry of the leave to enter granted by having arrived in the UK with that entry clearance (or later where they have reasonable grounds for their delay in making their application).
Valid applications
- change to make meeting the deadline for an application a validity requirement rather than an eligibility requirement – this will enable the SSHD to consider whether there are reasonable grounds for a late application as a preliminary issue;
− SSHD will not reassess the validity of an application which has already been confirmed as valid by the issuing of a Certificate of Application;
- change to prevent a valid application to the EUSS as a joining family member being made by an illegal entrant to the UK, thereby reinforcing the Government’s approach to tackling illegal migration.
Dependent relatives
- change to include the child of a durable partner where the child has turned 18 since they were granted pre-settled status under the EUSS.
Extension of the Ukraine Extension Scheme
The Ukraine Extension Scheme will be changed to include Ukrainian nationals with permission to stay in or enter the UK for any period between 18 March 2022 to 16 November 2023. The extended deadline will require applications to be made on or before 16 May 2024.
Pause of asylum differentiation policy – immediately implemented
The asylum differentiation policy, a system initiated through the introduction of the Nationality and Borders Act 2022, allows the Home Office to group refugees into two separate categories – Group 1 refugees (those who came to the UK directly from a country or territory where they were persecuted) and Group 2 refugees (those who came to the UK through a ‘safe third country’). Group 2 refugees are granted temporary refugee permission rather than a full five years of refugee status leading to settlement.
In anticipation of the likely passage of the Illegal Migration Bill, the Home Office will pause the differentiation policy for applications made on or after 28 June 2022. This change comes about as the Illegal Migration Bill proposes to significantly alter the UK asylum system, mostly eliminating the applicability of the asylum differentiation policy.
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.
Miglena Ilieva
Senior Associate Solicitor
Phoebe Warren
Paralegal - PSL
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