The Secretary of State Introduces New Statement of Changes to the Immigration Rules (20 July 2023)

The government has published a new statement regarding changes to the rules on immigration. The statement is accompanied by an Explanatory Memorandum and both are concerned with general migration, positing few positive changes on asylum and humanitarian protection routes.

Changes to Asylum Claims

Of the recent changes, two new provisions have been added in relation to withdrawing an asylum claim. An asylum claim will now be deemed withdrawn if an applicant fails to maintain contact with the Home Office by providing correct address and contact details and in addition if an applicant fails to attend the reporting centre without a valid reason unless due to circumstances outside of his control.

Furthermore, the new statement abolishes the differentiation between Group 1 and Group 2 refugees. The grouping method was introduced last year under section 12 of the Nationality and Borders Act 2022, allowing those entering UK illegally to be granted only 30 months instead of 5 years leave, followed by settlement as Refugee.

In Parliament Minister Robert Jenrick’s statement, he asserted that: “We will therefore pause the differentiation policy in the next package of Immigration Rules changes in July 2023. This means we will stop taking grouping decisions under the differentiated asylum system after these Rules changes and those individuals who are successful in their asylum application, including those who are granted humanitarian protection, will receive the same conditions. Our ability to remove failed asylum applicants remains unchanged.

Individuals who have already received a “Group 2” or humanitarian protection decision under post-28 June 2022 policies will be contacted and will have their conditions aligned to those afforded to “Group 1” refugees. This includes length of permission to stay, route to settlement, and eligibility for Family Reunion.”

This is one of the few changes welcomed by many immigration practitioners which gives genuine refugees an opportunity to enjoy 5 years leave and be reunited with their family members.

Changes to Students Visas

The UK Government has implemented significant changes to the student route and related work routes, departing from the usual convention of a 21-day period before the new immigration rules take effect.

International students will no longer have the right to bring dependants to the United Kingdom unless they are enrolled in postgraduate courses designated as research programmes. Additionally, international students will be prohibited from switching out of the student route into work routes before completing their studies. These measures are part of the Government's commitment to curbing net migration and shaping immigration policies accordingly.

Further information about the changes for students who are switching to skilled worker visas can be found here

The EU Settlement Scheme

There has been a new provision added into paragraph EU4 of the Appendix EU stating that the Secretary of State:-

“may extend [limited leave], regardless of whether the person has made a valid application under this Appendix for such an extension’.
The Home Office further announced that as of September 2023, people with pre-settled status under the EU Settlement Scheme will automatically have their status extended by 2 years before it expires if they have not obtained settlement. The implementation of this change follows the judgment made by the Independent Monitoring Authority for the Citizens’ Rights Agreements v the Secretary of State for the Home Department [2022] EWHC 3274 (Admin) (21 December 2022). Meanwhile, illegal entrants will no longer be able to make a valid application to the EUSS as a joining family member.

The deadline for the application will be a validity requirement rather than an eligibility requirement, which will enable the Secretary of State to consider whether there are reasonable grounds for a late application as a preliminary issue. However, the Explanatory Memorandum states, at 7.2, ‘We will not reassess the validity of an application which has already been confirmed as valid by the issuing of a Certificate of Application.’

As a result of these changes, the Surinder Singh and the Zambrano route to EU settlement will be closed to new applications from 8 August 2023. However, the Explanatory Memorandum confirms, ‘The routes will remain open to those who are already on them (or with a pending application, administrative review or appeal) or who have pending access to them via a relevant EUSS family permit.’
Changes to dependent relatives to include ‘the child of a durable partner where the child has turned 18 since they were granted pre-settled status under the EUSS’

Shortage Occupation List

A positive change made by the introduction of these new immigration rules is that the Shortage Occupation list has been expanded to include several constructions jobs. Of this list, bricklayers and masons, roofers, roof tilers and slaters, carpenters and joiners, plasterers, and construction and building trades not elsewhere classified. Agriculture and fishing trades have also been added.

The Introduction of the ‘Genuineness Test’

To establish whether someone is an appendix skilled worker or not, a ‘genuineness test’ has been introduced.
In each case, an applicant must show that they genuinely intend and are able to undertake the role for which they have been sponsored, and that they don’t intend to take unpermitted additional employment

The Ukraine Extension Scheme

The current Ukrainian extension Scheme which was scheduled to end on 16 November 2023 for the new applicants has been extended to 16 May 2024. This will allow new applicants to submit their application by May 2024.

Adult dependant relatives

Changes to Appendix Adult Dependent Relative Immigration Rules to correct the error of the Home Office in excluding the partner of an applicant (where the partner and the applicant are the parents or grandparents of the sponsor).
The new statement of changes reverts to the previous position. Now, where one parent or grandparent has care needs that meet the rules, the other will qualify alongside them whatever their own state of health.

The final changes to Immigration rules include minor policy and technical changes, these are:

• Updates to the seasonal worker route (to increase the hourly rate for occupation codes 5431 or 5433 in the poultry production sector, so they will be paid at least £10.75 for each hour worked and £26,200 per year).
• Changes to Youth Mobility Scheme (to make clear that New Zealand nationals currently in the UK with a valid YMS visa who are applying for the 1 year extension can receive a total of 3 continuous years of leave including the original permission to enter).
• Changes to Appendix Innovator Founder to make clear a letter of endorsement from a Legacy Endorsing Body in support of an application under the same business criteria will be considered where the applicant previously had permission under the Start-up route.
• Change to salary scale for specialty registrars in Scotland “2211 Medical practitioners (Scotland)”, to make it £36,472.
• In Government Authorised Exchange, ‘to allow the Diplomatic Missions Interns Scheme to accommodate the EU Delegation to the UK due to its treatment with diplomatic courtesies akin to a diplomatic mission’.
• Changes to the Appendix Hong Kong British National (Overseas) and Appendix Private Life public funds conditions.
The full publication on the new changes to immigration rules introduced by the Secretary of State can be found here

Duncan Lewis Solicitors

Duncan Lewis' business immigration team across London is ranked and recommended by the prestigious Legal 500 guide for its work on behalf of its clients. If you are affected by any of these recent changes, or concerned about how the changes will impact in your future immigration application and would like advice, get in contact with our private immigration team director Tamana Aziz via email at tamanaa@duncanlewis.com or telephone 020 3114 1130.

Tamana is a recommended lawyer in the 2023 edition of the Legal 500 directory and has wide-ranging immigration law experience, including business immigration, advising high-net-worth and skilled individuals on extending visas, spousal applications and applications for British citizenship.