United Kingdom: Restrictions on Student Visas and Access to Pre-Settled Status for Qualifying Individuals, Among Other Clarifications, in New Statement of Changes
July 17, 2023
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At a Glance
Among other updates, the new Statement of Changes:
- Introduces new restrictive rules for student visas that prohibit students from switching onto work routes until they have completed their course of study and from sponsoring dependents unless on designated courses;
- Implements a High Court decision stating that individuals with pre-settled status under the EU Settlement Scheme did not lose their residence rights if they did not submit an application;
- Closes two routes to new applicants under the EU Settlement Scheme which granted residence rights to: (1) family members of qualifying British citizens on their return to the United Kingdom after exercising free movements rights in the European Economic Area or Switzerland; and (2) the primary carers of British citizens; and
- Adds construction and fishing occupations to the Shortage Occupation List.
The situation
The UK government has published a Statement of Changes (SOC) updating its immigration rules in relation to student visas, the EU Settlement Scheme and Shortage Occupation List, among other changes.
A closer look
Key changes published in the SOC include the below:
| Change | Details | Impact |
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Restrictive rules implemented for student visas including:
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Formalisation of decision of High Court on EU Settlement Scheme (EUSS) regarding the residence rights of those with pre-settled status. |
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The residence rights of affected individuals are protected even if they fail to make a further application, allowing these individuals the legal right to remain and work in the United Kingdom. |
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Closure of EUSS/EU Family Permit (EUFP) routes for family members of qualifying British citizens or primary carers of a British citizens |
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British citizens seeking to sponsor foreign national family members or primary carers to settle in the United Kingdom who previously could have used these routes will no longer have such access; instead, they will have to meet the Family Immigration Rules applicable to all others and may be subject to requirements which are more difficult to satisfy. |
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Implementation of recommendations by Migration Advisory Committee (MAC) for inclusions and changes to the Shortage Occupation List (SOL) |
The SOC added construction occupations (including bricklayers and masons; roofers, roof tilers and slaters; and carpenters and joiners, among others) and fishing industry occupations (including agriculture and fishing trades not elsewhere classified) to the SOL, after recommendations by the MAC. |
Foreign nationals applying under these occupations which are now on the SOL will benefit from lower visa application fees and salary thresholds. |
Background
UK immigration rules are often changed several times a year, via Statement of Changes, which lists the amendments that will be incorporated into updated Immigration Rules on the specified implementation dates. The last Statement of Changes was issued in March 2023 and included announcements on when the Electronic Authorisation scheme would come into effect for certain foreign nationals and announced a new Innovator Founder Route, among other changes.
Looking ahead
As the government is under pressure to reduce net migration due to internal political demands, it is likely that additional restrictive measures will be implemented through additional Statement of Changes. However, as the government does appear to need migration to fund public service wage settlements and its growth projections, future changes are difficult to predict with certainty.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
