On 17 July 2023, the UK government published a Statement of Changes introducing widespread changes to the Immigration Rules. The key changes from a business immigration perspective are:
- Following the Home Secretary's statement on 23 May 2023, if an international student's course start date is on or after 1 January 2024, they are no longer permitted to bring dependants unless the course is a PhD, other doctoral qualification, or a research-based higher degree. The ability for international students to switch out of the student route into work routes before their studies have been completed has also now been removed. Before 17 July 2023, students were permitted to apply for a work visa up to three months prior to the date of their course completion. From 17 July 2023 onwards, students can only switch to a work visa once they have completed their course.
- The Statement of Changes also confirms that from September 2023, people with pre-settled status under the EU Settlement Scheme (EUSS) will automatically have their status extended by two years (before it expires) if they have not obtained settled status. In 2024, those with pre-settled status will start to be automatically upgraded to full settled status if automated checks of government records indicate they will qualify by virtue of having been in the UK for five years. These changes implement the judgement from the High Court which found that the EUSS breaches the Withdrawal Agreement between the UK and EU. The changes are helpful for employers, as they mean extending pre-settled status and applying for settled status under the EUSS should be much more straightforward for most EEA and Swiss national employees.
- From August 2023, there will be changes to the Shortage Occupation List to reflect the recommendations made by the Migration Advisory Committee, by adding certain construction and fishing industry occupations.
- From August 2023, there will also be a specific genuineness requirement for the Skilled Worker and Global Business Mobility routes amongst others. This will mean that for each application, the applicant must show that they genuinely intend and are able to undertake the role for which they have been sponsored and do not intend to take unpermitted additional employment.
- Finally, there will be changes to Youth Mobility Scheme ('YMS') from August 2023 to make clear that New Zealand nationals currently in the UK with a valid YMS visa who are applying for the one-year extension can receive a total of three continuous years.
Immigration Health Surcharge and visa fees to increase
The UK government have also announced significant increases to the visa immigration fees and the immigration health surcharge. The immigration health surcharge will increase from £624 to £1,035 per year for all adults. The discounted rates for students, children and youth mobility visa holders will increase from £470 to £776 per year. The immigration health surcharge contributes towards the costs of the NHS and is payable for most visas of longer than six months, including Skilled Worker and Global Business Mobility visas. This means the costs of such visas will increase significantly. Immigration and nationality fees will also increase and it is expected that work and visit visa application fees will rise by 15%. It is not yet clear when the increases will come into effect.
Originally published by 19 July, 2023
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
