Changes in the Immigration Rules For Students HC1496

Some of the changes impact the ability of those on the Student route to ‘switch’ into several different work routes (including the Skilled Worker route). The changes to the ‘switching’ rules became law from 15:00 (UK time) on 17 July 2023. The provisions concerning the Graduate route, however, remain unchanged.

The following changes are being made for students on courses starting after 1 January 2024:

Dependants

Following the Home Secretary’s announcement on 23 May 2023, the Immigration Rules have been changed to prevent most international university students from bringing dependants unless their course is a PhD, research-based higher degree or other doctoral qualification. These changes will apply for courses starting on or after 1 January 2024.

Switching

International students can no longer switch to work routes in-country before completing their studies. The EM notes that ‘students on courses at degree level or above can apply before course completion to switch to sponsored work routes, as long as their employment start date is not before their course completion.’ PhD students can switch after 24 months of study, however.

Further, international students cannot apply for permission to stay as a dependant in the following routes unless they have completed their course of studies or have been a PhD student for at least 24 months:

• Skilled Worker;
• Global Business Mobility (Senior or Specialist Worker, Graduate Trainee, UK Expansion Worker, Service Supplier and Secondment Worker)
• T2 Minister of Religion;
• Representative of an Overseas Business;
• Global Talent;
• High Potential Individual;
• Scale-up;
• Innovator Founder;
• International Sportsperson;
• UK Ancestry; and
• Temporary Worker (Creative Worker, Charity Worker, Religious Worker, International Agreement and Government Authorised Exchange).