Rules for new UK immigration system published – Statement of Changes
23 October 2020
On 22 October 2020, the Home Office published a Statement of Changes and an Explanatory Memorandum which confirmed the Immigration Rules for the new UK immigration system.
Key dates
The majority of the new UK immigration system will open for applications at 9am GMT on 1 December 2020. This most notably includes the launch of the new Skilled Worker route, which shall replace Tier 2 (General).
There will be further changes to Appendix FM (also known as ‘the spousal provisions’) and the EU Settlement Scheme (EUSS) which will come into effect at 11pm GMT on 31 December 2020.
Finally, the new Hong Kong British National (Overseas) route will open on 31 January 2021.
Changes
For the most part, the Statement of Changes confirms the details which had already been announced earlier this year. Our lawyers have complied a comprehensive set of FAQs on the new UK immigration system which provides detailed information and guidance on the new system – this has now been updated to reflect the latest announcement. We also set out below some of the new details which have been confirmed in the Statement of Changes.
Skilled Worker
In addition to the previously announced scrapping of the cap on applications, the Resident Labour Market test and the cooling-off period, the maximum six year length of stay in the UK with permission under this route will also be scrapped. It will be theoretically possible for applicants to remain in the UK under this route indefinitely, (subject to satisfying the requirements at the point of each fresh application) without having to ever apply for settlement.
For settlement applications, the higher minimum salary threshold has been scrapped and replaced with the minimum general salary threshold which applies to all applications under this route: £25,600. Applicants who are unable to meet this threshold will not be able to ‘trade’ points, although the salary may be reduced for applicants if they meet certain specified criteria.
The Home Office have rejected the Migration Advisory Committee’s recommendations to expand the Shortage Occupation List. The Explanatory Memorandum does confirm that the Home Office is continuing to consider these recommendations and will assess whether to implement them once the impact of the pandemic on the UK labour market becomes clearer in the new year.
Appendix Continuous Residence
The residence requirements for settlement applications for several routes will be consolidated into the new Appendix Continuous Residence. This Appendix clarifies that for settlement applications, applicants must not spend more than 180 days outside the UK in any 12 month period during the relevant qualifying residence period in order to be eligible. It also clarifies certain exceptions to this rule, including a new exception for ‘travel disruption due to pandemic’.
EU Settlement Scheme (EUSS)
The changes to the EUSS will confirm the previously announced intention to enable ‘close’ family members of EU and Swiss citizens to apply under the EUSS even if they did not enter the UK prior to the end of the transition period on 31 December 2020. The family relationship must have existed before this date and must continue to exist on the date of application.
The EUSS will also be updated to confirm the possibility for applicants to submit an application after the deadline on 30 June 2021 if the applicant has ‘reasonable grounds’ for why the deadline was missed.
In addition, individuals applying under the EUSS as the dependant parent of an EU or Swiss citizen (or their spouse/civil partner) will now have to actively submit evidence of their financial dependency – this will no longer be assumed. This change will only apply to applicants who had not entered the UK prior to the end of the transition period and who apply after 30 June 2021.
Appendix FM
EU and Swiss citizens who hold limited permission (i.e. pre-settled status) under the EUSS on the basis of being resident in the UK prior to 31 December 2020 will be able to sponsor new family members (who are not covered by the EUSS) to join them or remain with them in the UK.
Get in touch
For further information on the new UK immigration system and forthcoming changes to UK immigration law, visit our UK immigration system FAQs and our website, or contact your assigned LDI lawyer or enquiries@lauradevine.com.
Latest Insights
17 February 2025
Tier 1 (Entrepreneur) route – Key deadlines approaching in 2025
Significant deadlines are approaching for individuals under the Tier 1 (Entrepreneur) category.
14 February 2025
Important updates to good character guidance could bar many refugees from British citizenship
Concerning amendments have been made to the good character guidance pertaining to applications for British citizenship, effective 10 February 2025.
7 February 2025
Fiscal year 2026 H-1B cap registration period to begin 7 March 2025
H-1B season has finally arrived for fiscal year 2026. H-1B visas enable foreign workers with at least a bachelor’s degree, or equivalent experience,…