Last week, the Home Office published a statement of changes and a document called a memorandum which explains what is changing in the Immigration Rules and when. This is the first announcement for the autumn, but we are expecting more big changes in the near future, including the earned settlement proposals. This blog explains some of the key changes.

Changes for skilled workers

A large number of people who are in the UK as skilled workers, including many on Health and Social Care visas, have reported exploitation and abuse from sponsors. The statement of changes brings in new rules that mean that if you are in the UK as a skilled worker and are recognised as a victim of modern slavery, your visa will no longer be tied to your sponsor.

Normally, if a person might have experienced modern slavery or trafficking, a referral can be made to the National Referral Mechanism (NRM). For skilled workers who receive positive conclusive grounds from the NRM, changes to rules will now mean that they will be allowed to do any work for the remainder of the visa (until it expires), instead of having to work for their sponsor. This can include self-employment and voluntary work, but working as a  professional sportsperson or sports coach is not permitted.

This change is positive by itself as it could provide direct options to survivors of exploitation.  However, the announcement does not explain whether this rule will also apply to an extension of a skilled worker visa. Proposals in the Immigration and Asylum bill for changes to how modern slavery cases could be assessed might also mean that an already high modern slavery threshold is even higher, making it difficult for people to have their situations recognised as such, and to access support. 

Suitability rules

A change has been made to the suitability rules which relates to ‘breaches of immigration law’ and immigration control. The announcement explains that people who are in the UK who have failed to report for bail, or have absconded (this means leaving without permission and without telling anyone) from bail or custody can now be refused.

Reporting for bail is part of immigration enforcement, and for most people it means going to a reporting centre, or reporting by phone or online. You can read more about reporting and what to do if you miss a reporting date here.

There are some situations that can lead to the Home Office telling you that you have absconded. This can include missing appointments such as an interview, or moving to live somewhere else without telling the Home Office. If the Home Office decides you have absconded, then it can treat your case as withdrawn. This change means that if the Home Office decides you absconded, this can later be a reason to refuse your application for leave to remain.

Applications made through a fee waiver

A fee waiver is an application asking the Home Office to let you apply for leave to remain without paying if you can’t afford the fees. Fee waivers made from inside the UK can be requested for applications based on human rights. 

If you make a fee waiver application before your leave to remain expires, you will have something called 3c leave. This means that you continue to have leave to remain with the same conditions while you make an immigration application and wait for a decision. 

The consequences of this new rule are not completely clear, but it says that if you request a fee waiver, and then make an application that is NOT based on human rights, the date of your application will be counted as the date of your immigration application, not your fee waiver application. This most likely means that you would lose your 3c leave and any attached rights, and would be in the UK without leave to remain.

Changes to Domestic Abuse route

Changes to the domestic abuse route mean that adult dependent children can now make applications under domestic abuse provisions. Before these changes, the domestic abuse route was only accessible for adult dependent partners (of certain people), and their dependent children. 

When the changes are introduced, an adult who is in the UK as a dependent child will also be able to apply under the domestic abuse route if their relationship with their parent has broken down because of domestic abuse from the parent or parent’s partner. This means that adult children will not be tied to their parent if they are experiencing domestic abuse, and can apply for settlement in the UK on the basis of the abuse.

Other changes

There are a number of other changes being introduced. These relate to:

• Erasmus+ which is a programme for foreign students
• Formalising the legal process for making human rights claims if you are in the family returns process
• Some changes to the EU settlement scheme
• Provision for children on BN(O) visas to settle in the UK alongside their parents
• Changes to visitor visa rules that relate to permitted activities

We will continue to post updates on any further changes, and share insight from our community on how the new rules are being applied in practice. If you are navigating the immigration and asylum system yourself, or supporting someone else to do this, the Right to Remain toolkit contains lots of useful information and explanations. We encourage you to read it and share it with your community.