The Home Office announced the changes to the Immigration Rules, in a recently published statement of changes, the UK government made significant reforms to student visas, made easy access to the EU Settlement Scheme, and expanded the Shortage Occupation List.

The key changes to the Immigration Rules are as below:

• International Students are no longer permitted to bring dependents to the UK on or after 1 January 2024. 
• International Students are not allowed to switch to a work route before completing their studies.
• Certain construction and fishing jobs are added to the Shortage Occupation List
• European who has pre-settled status can have an automatic extension for 2 years.
• EUSS ‘Surinder Singh’ route for family members and the ‘Zambrano’ route for carers is closed.



Student Related Route

Dependant family members

International Students whose course starts on or after 1 January 2024 are prohibited to be accompanied by their dependants to the UK.  there will be no impact on students who are making applications relating to courses starting in autumn 2023.

International students whose course is a PhD, another doctorate degree, or a research-based higher degree (as specified by the guidelines) are exempt from the restrictions and may continue to bring dependents to the UK even after January 1, 2024.

Dependents who are currently studying in the UK may continue to extend their stay. Existing exemptions for dependent children who were born in the UK and for dependent children of students who were sponsored by the government are also maintained.

Switching to the Work route

International Students should complete their studies to switch to the work route. Students who are undertaking courses at a degree level or above will still be able to apply before their course has been completed; however, their employment start date must not be before their course completion.

Those studying towards PhDs will be able to switch to a work route after 24 months of study.

Work routes include the Skilled Worker, Global Business Mobility, Global Talent, Scale-up, Innovator Founder, Government Authorised Exchange and Creative Worker routes.

The amendments also remove the ability for international students to apply for permission to stay as a dependant in a work route, as a dependant under the UK Ancestry route, or as a dependant in any of the Temporary Worker routes (Creative Worker, Charity Worker, Religious Worker, International Agreement, Government Authorised Exchange). 

Skilled Worker Shortage Occupation List

The Migration Advisory Committee recommended that the Home Office include specific jobs in the fisheries and construction industries to the list of shortage occupations. The Shortage Occupation List provides reduced salary requirements and lower Skilled Worker visa application fees for occupations identified to be in shortage and for which immigration is a reasonable means of addressing the shortage.

• 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 (nine metres and above) where the job requires the worker to have at least three years full-time experience in using their skills. This experience must not have been gained through working illegally.

Changes are also being made for applicants sponsored for General Practitioner (GP) speciality training. The change means that they will be granted permission until 4 months after the expiration date of their sponsorship certificate, as opposed to the usual 14 days. This is due to the fact that, unlike other applicants who have qualified in the UK, they cannot take advantage of the Graduate route and may require additional time to locate employment with a GP practice that is a licensed sponsor. A modification is being made to enable them to pursue supplemental employment during this period.

EU Settlement Scheme

Individuals with pre-settled status under the EU Settlement Scheme will have their status extended by two years if they have not yet obtained settled status beginning in September 2023.

In addition, the Immigration Rules for the EUSS in Appendix EU have been amended to make the EUSS application deadline (a requirement for submitting a valid application). This will allow the Home Office to determine, as a preliminary issue, whether there are reasonable grounds for a late application before determining whether a valid application satisfies the relevant eligibility and suitability requirements.

From 8 August 2023, the EUSS Family Permit will be closed to new applications by family members of a qualifying British citizen returning to the UK after exercising their free movement rights in the EEA or Switzerland (known as the 'Surinder Singh' route) and to primary carers of a British citizen (known as the 'Zambrano' route). Applicants interested in these routes must instead comply with the family immigration rules applicable to others.

Those who are already on the Surinder Singh and Zambrano routes will continue to have access to them. Those granted an EUSS Family Permit based on a Surinder Singh or Zambrano application submitted by August 8, 2023, will also be eligible to apply to the EU Settlement Scheme.

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