This article summarises changes to the UK Immigration Rule Changes of 2023 that will be of interest to employers,
academic institutions, international students, and EU nationals.
Note the following key dates:
With immediate effect anyone holding a student visa can only switch to a work visa route, which includes, Skilled Worker, Senior or Specialist Worker, Global Business Mobility, Global Talent, Scale-up, Government Authorised Exchange, Creative Worker routes and Ancestry routes if one of the following applies:
Students must also meet the completion of course requirements if they wish to switch into being a dependant partner of someone already on a work route. This change appears to recognise that a dependant of someone on a student visa can switch to a work route in- country and now restricts the student from switching to become the dependant until they have completed their course. However, the student would be able to leave the UK and apply for a visa to enter the UK as a dependant. Also, with restrictions being introduced to Student Dependants (see below) there is a recognition that partners may come to the UK on separate student visas and the new requirement ensures that both partners complete their course before they are able to switch visas.
The sponsor guidance states that the business must ‘carefully check’ if the job applicant is eligible to switch in-country. The best way to do this will be to request a results transcript or letter from the institution confirming course completion. For PhD students, you should obtain written confirmation from the institution that the student has completed at least 24 months of their PhD course. Based on the information provided by the education institution, you may want to either defer the start date until one of the three conditions are satisfied or ask the applicant to leave the UK and re-enter on a skilled worker visa.
Students on postgraduate courses starting from 1 January 2024 will only be able to bring dependants if the student is on:
The student sponsor will need to indicate on the Confirmation of Acceptance of Studies (CAS) whether any course at RQF Level 7 / SCQF 11 or above is a PhD, doctoral qualification, or research-based higher degree.
A research-based higher degree means a postgraduate programme compromising a research component (including a requirement to produce original work) that is larger than any accompanying taught component when measured by student effort.
Note that student dependants already in the UK can continue to extend their leave and will be able to switch into being dependants under the Graduate Route.
The Student Sponsor Guidance clarifies that if there are changes to the academic timetable meaning that the student’s course finishes one or two weeks earlier or later than the course end date given on the CAS, this will not be considered as non-compliance with sponsorship duties. However, if the UKVI see that the student sponsor is repeatedly giving course end dates that are longer than that stated on the CAS then that would be a breach of sponsorship duties resulting potentially in a full compliance audit on the institution.
That said, it is important to report on the change of student circumstances where the course end dates have changed within the two-week range due to the importance of when a student is able to switch into a work visa.
This has been expanded from 7 August 2023 as follows.
Construction industry occupations:
Fishing industry occupations:
Note that The Migration Advisory Committee (MAC) is currently undertaking a full review of
the SOL and anticipates publishing its report in Autumn 2023. The Home Office will then consider
the MAC’s recommendations and make updates.
Applications submitted for a Skilled Worker visa from 7 August 2023 must genuinely be able to
do the job for which they are sponsored, and the applicant must intend to undertake the
employment they are being sponsored for. It is likely that the UKVI may step up checks on the
skills, experience and qualifications of a skilled worker visa applicant and therefore
sponsors and the applicants may want to consider providing this evidence with the visa
application to prevent delays later in the decision-making process.
Applicants sponsored for GP speciality training will be granted permission to stay for four months
after the end of their training to give them the time to find employment with a GP practice that is a
licenced sponsor.
Various changes to the EUSS are in effect from 9 August 2023. The two changes of mostinterest to employers are outlined below.
Automatic extension of pre-settled status
Individuals who currently have pre-settled status under the EUSS will automatically have their
status extended by 2-years if they have not already obtained settled-status. The key points to
note are:
Where an applicant has made a late application under the EUSS, they will need to give good reasons for making a late application. The reasons will become an application validity requirement rather than eligibility requirement, meaning that some applications will not proceed to full assessment if the reason for making a late application is not accepted.
Employers will need to carry out appropriate RTW checks (employer checking service) and where there is negative verification, or the employee advises of the application not being accepted then the employer will need to consider whether an alternative work route is appropriate such as skilled worker sponsorship or else, end employment in accordance with their dismissal procedures.
New Zealand nationals currently here on the YMS will be able to extend their visa by a further year allowing them to remain in the UK for a total of 3-years under the YMS.
Note that at the time of writing this brief, a date has not been confirmed by the Home Office for the change to take effect.
As always, if you have specific queries or need further advice please get in touch with your Paragon Law contact.