Changes to the Immigration Rules September 2023

On 7 September 2023, the government set out its intention to amend the immigration rules with changes coming into force from 28 September, unless otherwise stated – these are the main changes only:

• removal of the Administrative Review process following a negative decision through the EUSS where the decision is made after 5 October 2023, but the right to seek an independent right of appeal through the judicial system remains
• age limit and length of stay increase from 18-30 to 18-35 and 2 to 3 years respectively for nationals from Australia and Canade through the Youth Mobility Scheme (YMS) - coming into force on 31 January 2024
• Andorra to be added to countries participating in the YMS with places limited to 100 - coming into force on 31 January 2024
• common requirements for children relating to age, independent life, care, and relationship requirement, and consent from parents who are applying as dependants and own their own to be phased in and eventually apply to all immigration routes
• NHS debts will not automatically lead to a rejection of an application made through the Electronic Travel Authorisation (ETA) due to be launched in October. This does not mean that applicants with outstanding NHS debts will be automatically granted entry if they hold an ETA, as they are still liable to examination at ports of entry
• returning resident rule to include those with settled status through EUSS and includes Swiss nationals and their family members
• Tuberculosis (TB) testing requirements to be tweaked so that it is required if the applicant has been resident in 'any' country where TB testing is required in the 6 months prior to the application - care therefore should be taken when considering this aspect of the rules when applying for immigration to the UK
• Settled status through the EUSS will lapse where an individual has been absent for more than 5 years
• English Language requirements can be satisfied with qualification at GCSE, A level, Scottish National Qualification at level 4 or 5 or Scottish Higher Advanced Higher in English. This will apply to the following immigration routes - Representative of Overseas Business, Minister of Religion, UK Ancestry, Global Talent, Domestic Workers in Private Household and Hong Kong British Overseas national.    

These changes are subject to Parliamentary approval but are highly likely to be implemented.

As a firm of immigration solicitors we can advise or assist individual or companies who require assistance and can be contacted on +44 207 038 3980, by completing our online form, or by sending an email to info@rlegal.com