Students switching into work categories

From 3pm 17th July 2023, the new rules require students to have completed their course before they can switch into a work route. However, Students on courses at degree level or above will be able to apply before course completion in order to switch to sponsored work routes, as long as their employment start date is after their course completion date. If you are studying towards a PhD, you will be able to switch after 24 months of study (previously this was 12 months).

In terms of defining course completion, the Home Office caseworkers’ guidance clarified that caseworkers will check the course completion date entered on the CAS. Students do not need to have received their final award as long as they have not had their sponsorship withdrawn prior to the course end date. They will look at any sponsor reports of early completion, if that is missing, they should consider any information provided in the application and request more information from the applicant if required.

Changes to visa requirements for dependents joining students.

Students joining courses after 1 January 2024 can only bring dependants if they are government sponsored, studying PhD/other doctoral qualifications or research-based higher degrees. Dependants already in the UK can continue to extend.

A research-based degree is defined by UKVI as a postgraduate programme comprising a research component (including a requirement to produce original work) that is larger than any accompanying taught component when measured by student effort.  

UKVI have also clarified that those starting a taught postgraduate course before 01 January 2024 will still be able to have dependants join them after January 2024 (where the other requirements of the rules are met). 

Asylum Applications - Implicit withdrawal of asylum application extended

Under the old rules an asylum application is deemed implicitly withdrawn if the applicant leaves the UK, fails to attend an interview, or fails to complete an asylum questionnaire unless there are exceptional circumstances.

New additions to what constitutes as implicit withdrawal:

• Failure to maintain contact with the Home office or to provide up-to-date contact details
• Failure to attend reporting checks

Differentiation of refugee groups ended.

New immigration rules, ends the differentiation between Group 1 (Regular refugee status – 5 years then ILR) and Group 2 refugees (introduced last year, granted temporary refugee position to those who entered unlawfully, 30 months leave followed by ILR, now be upgraded to Group 1). All asylum applicants will be treated as Group 1 Refugees.

EUSS Update

Immigration rules are now brought in line with High Court judgment from last year which confirmed that under the withdrawal agreement, people with pre-settled status cannot become unlawfully resident if they do not apply for settled status. From September 2023 two year extensions will be given to anyone who has not applied for settled status. In 2024, they will be upgraded to full settled status automatically if Home Office checks allows them to upgrade them, more information available on the government website.

Changes to validity requirements

• If there are no reasonable grounds for a delayed application, it will be rejected with no right of appeal and AR.
• In-country applications from joining family members by an illegal entrant to the UK will be rejected as invalid

On 8 August 2023, UKVI are closing any new EUSS Applications under 2 categories - Surinder Singh and Zambrano routes. New applications will need to meet family immigration rules, aligning to family applications of British Citizens.

There has been an update to the definition of Dependent relatives – it now includes the child of a durable partner where the child has turned 18 since they were granted pre-settled status under the scheme.

Ukraine Extension Scheme

• Extended to 16 May 2024 – Under the old rules, those who obtained permission to enter or permission to stay between 18/03/22-16/11/2023 could obtain 36 months permission to stay in the UK. This has been extended and applications can now be submitted by 16/05/2024.
• Ukrainian nationals who travel to the UK without making an application to one of the Ukraine Schemes can be considered for six months’ Leave Outside the Rules at the border. This has also been extended until 16 May 2024.
   

The following pages have been updated in line with above immigration updates:

Skilled Worker Route

Dependants of student visa holders

EU settlement scheme