UK Government introduces last minute changes for Students switching to Skilled Worker visas (17 July 2023)

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.

These changes came into force at 3pm on Monday, July 17, 2023, following an announcement in Parliament and widespread reporting on 23 May 2023. The Government justifies this departure from the convention as necessary and proportionate, aiming to reduce the potential surge in applications for dependants and for switching within the customary 21-day period.

The primary focus of these changes is the reduction of net migration, and they specifically target the student route. International students will no longer have the right to bring dependants 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.

Notably, the changes affecting dependants will only apply to students commencing courses from 1 January 2024, thereby sparing students applying for courses starting in autumn 2023 from any immediate impact. This foresight aims to avoid potential disruption to students already in the application process or planning to bring their dependants to the UK for the upcoming academic year.

To maintain certain privileges for existing dependants and international students, some provisions will be preserved, despite the broader changes. Dependants already residing in the UK will still be allowed to extend their stay, ensuring continuity for families who are already part of the educational landscape. Moreover, international students enrolled in taught postgraduate courses that begin before 1 January 2024 will continue to be permitted to bring dependants along.

Furthermore, certain exemptions will be retained. Dependants of government-sponsored students and dependent children born in the UK will still be eligible for benefits under the previous regulations, reflecting the Government's recognition of specific circumstances where dependants should be allowed to remain in the country.

The changes to switching restrictions are aimed at ensuring students complete their courses before seeking alternative routes. In general, students will not be allowed to switch to another immigration route within the country until they have successfully completed their studies. However, students pursuing courses at degree level or above will have the option to apply for a switch to sponsored work routes before completing their course, provided their employment start date occurs after completing their studies. Similarly, students working towards PhD degrees will be eligible to switch after completing 24 months of study.

The implementation of these changes will be carried out on various dates, with some taking effect from 7 August 2023, as outlined in the accompanying Statement of Changes.

In summary, the UK Government's modifications to the Student route and work routes are designed to align with their commitment to reduce net migration. By limiting the rights of international students to bring dependants and restricting switching to work routes until courses are completed, the Government aims to manage immigration flows more effectively. The changes are scheduled to take effect earlier than usual, with specific considerations given to different student cohorts to ensure a smoother transition and minimal disruption to education and family life.

About our Immigration Team

Our expert business and immigration lawyers have an established reputation in acting for business and private immigration. 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 Vicash Ramkissoon.

Vicash is expert in all matters relating to business and private immigration with 20 years of PQE. He oversees a team specialising in private and business immigration. The team excels in complex skilled worker and sponsor licence applications including for the technology, care and hospitality sectors. Their expertise extends to advising high-net-worth individuals from Asia and the Middle East, and advising on immigration strategy, compliance, and representing clients in immigration-related judicial reviews.

Contact him via email at vicashr@duncanlewis.com or via telephone on 020 3114 1105.

About the Author

Argon Bicaku is a Solicitor in the Immigration Department at Duncan Lewis Solicitors. Argon has extensive experience on all aspects of the points based system (PBS), with a particular specialism in high net worth individuals and innovator applications.

Additionally, he has a wealth of experience in assisting companies with applications for sponsor licences, ongoing management of the sponsor licence system and advising at UK Visas and Immigration site inspections.

Contact him via email at argonb@duncanlewis.com or via telephone on 020 7275 2787.