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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Country / Territory

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.

Key changes published in the SOC include the below:

Change Details Impact

Restrictive rules implemented for student visas including:

  • An immediate prohibition on students switching onto work routes unless they have completed their course of study; and a
  • Prohibition on sponsoring dependents for applications submitted on or after January 1, 2024 unless in postgraduate research programs.
  • The SOC states, that with immediate effect, students can no longer switch onto work routes before completing courses.
  • After January 1, 2024, students can no longer submit applications to sponsor dependents unless they are in postgraduate research programs.
  • Currently, all students can sponsor dependents, including spouses and children.
  • Those students who planned to switch onto work routes, anticipating this change would come into effect in 2024, will have to wait until they have completed their courses.
  • Most students will no longer be able to sponsor dependents, which may result in students choosing other countries to study in where they are able to bring their dependents.
  • The changes are intended to help reduce net migration to the United Kingdom while protecting the economic benefits foreign students bring to the United Kingdom. The changes were introduced earlier than expected to avoid the possibility of a large number of applications being submitted in anticipation of their introduction in 2024.

Formalisation of decision of High Court on EU Settlement Scheme (EUSS) regarding the residence rights of those with pre-settled status.
  • The High Court decision that those with pre-settled status should not lose residence rights even if they had not applied for or secured settled status has been formalised in the Statement of Changes.
  • However, individuals are still required to make an EUSS application if they seek to secure evidence of such status (which is necessary to prove their right to work in the United Kingdom and practically access benefits without objections).

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.

Closure of EUSS/EU Family Permit (EUFP) routes for family members of qualifying British citizens or primary carers of a British citizens
  • As of August 8, 2023, the Surinder Singh and Zambrano routes under the EUSS/EUFP will close to new applications. These routes allowed family members of qualifying British citizens on their return to the United Kingdom after exercising free movement rights in the European Economic Area or Switzerland or primary carers of British citizens to secure residence rights in the United Kingdom. 
  • Those individuals who already hold status (or have a pending application, administrative review or appeal) under these routes or who are still entitled to apply via a relevant EUSS family permit can continue to remain and work in the United Kingdom.

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.

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.

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.

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].

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