More immigration changes! What immigration lawyers need to know

Autumn is shaping up to be a busy season for immigration lawyers! In the midst of ensuring clients are up to date in relation to the 01 October 2026 expansion of the Right to Work scheme, 03 September 2026 saw yet more immigration changes being announced – a statement of changes in Immigration Rules was presented to Parliament (HC 584). The statement contains various significant changes that immigration lawyers must be aware of. Below is a summary of the main changes being implemented from 08 October 2026.

Part Suitability

Paragraph SU 11.4 of Part Suitability is being amended to confirm that an in-country applicant who has frustrated immigration controls will be considered to have breached immigration laws. Previously, the frustration of immigration controls ground for refusal applied only to entry clearance or permission to enter applications; this change means it will also apply to applications made from within the UK. Examples of when an Applicant will be considered to have frustrated immigration controls are contained at paragraph SU 11.7, which include:

“(a) failed to cooperate with the redocumentation, arrest or removal process; or

(b) used a false identity; or

(c) failed to report as required or absconded from immigration custody or bail; or

(d) obtained state or public authority benefits, tax credits, employment, rented accommodation in the private sector or goods or services they were not entitled to; or

(e) used multiple identities; or

(f) participated in immigration related crime.”

This amendment will mean that applicants from within the UK could face discretionary refusal if any of the above breaches have occurred and they are within the mandatory refusal period specified in Immigration Rules.

Appendix Skilled Worker – victims of modern slavery

Appendix Skilled Worker will incorporate a positive change impacting victims of modern slavery. Current Immigration Rules prevent a sponsored worker from working elsewhere if they are no longer working in their sponsored role. However, the proposed changes confirm that those who are identified as victims of modern slavery by a Competent Authority will be able to work for any employer for the remaining duration of their permission to remain.

Removal of fee for those being considered under the Family Returns Process

The requirement to make a valid application and pay a UKVI application fee is being removed for families who raise Article 8 ECHR family or private life arguments when they are being considered for removal from the UK.

Date of Application – Fee Waiver

Fee waivers have always been tricky and aren’t something we’ve actively pursued in an attempt to protect immigration status; however, paragraph 34G(4) of the Immigration Rules will be amended due to abuse of the fee waiver process. The change will mean that any subsequent application made following a fee waiver must be the application specified in the fee waiver request. If the application referenced on the fee waiver is not made, the Applicant’s immigration status will not be protected under Section 3C Immigration Act 1971. It is important that from 08 October 2026 Applicants do not submit fee waiver applications in an attempt to prolong lawful status in the UK if the Applicant has no intention of proceeding with the FLR application mentioned on the fee waiver application.

Variation of Applications – 34BB 2A

If an Applicant submits an application and then varies the application, there will only be one single period to enrol biometrics. An Applicant is required to provide biometric information within the set timeframe provided for by the first application. This will reduce the period of time in which an application can be varied – for applications submitted from 08 October 2026, an application can only be varied if biometric information has been provided within UKVI’s deadline. This will mean Applicants can’t continuously extend their permission by submitting multiple applications without ever actually enrolling biometric information and will mean an application can only be varied if biometric information has been submitted and a decision has not yet been issued by UKVI.

Appendix Victim of Domestic Abuse

Appendix Victim of Domestic Abuse will be expanded to include adult child dependants whose relationship with their visa sponsor has broken down due to domestic abuse.

Erasmus+ programme

The Erasmus+ programme is the EU’s main programme for education, training, youth and sports activities. The UK will rejoin the Erasmus scheme from 2027.

Appendix Visitor and Appendix Visitor: Permitted Activities have seen several changes in light of the UK rejoining the scheme. Job shadowing, participative observation, skills competitions and traineeships are all defined visitor activities, with a new definition for youth workers under the Erasmus+ programme. The definition of course of study has also been expanded.

Those participating in an Erasmus+ project will be able to study at state-funded schools and academies for up to 6 months.

Rejoining the programme has also seen various updates to Appendix Student and Appendix Child Student in relation to the programmes Erasmus+ participants can undertake, enabling such individuals to secure a visa for a course which may not lead to an approved qualification.

Organisations in the UK will also be able to consider sponsorship of Erasmus+ participants via the Government Authorised Exchange Scheme. This route can be useful for organisations offering short work placements or training programmes – sponsorship is provided by another approved Government Authorised Exchange Scheme sponsor who approves of the training programme being offered.

Appendix EU

Changes will be implemented to enable UKVI to remove pre-settled status from holders who no longer qualify for such status where it is proportionate to do so, with various other amendments also being incorporated to confirm BRPs can no longer be relied on, travel date restrictions being 3 months for joining family members, and the deletion of the EU Travel Permit route which enabled EUSS status holders to secure a permit to allow their return on a new passport. Appendix AR (EU) will also be removed bearing in mind the administrative review process closed to new applications in April 2024.

Appendix Hong Kong British National (Overseas)

Children under the BN(O) route will no longer need to complete a 5 year continuous residence period before qualifying for settlement – eligible children will be able to settle alongside their parents, if their parents meet the relevant settlement requirements. This aligns the route to other immigration routes, such as the Skilled Worker immigration route, under which children don’t necessarily need to complete 5 years residence in the UK to secure settlement if applying alongside both of their parents.

Appendix T2 Minister of Religion

Members of religious orders will no longer be required to undertake a role that involves mainly pastoral duties – UKVI has (finally!) acknowledged that being a member of a religious order is different to the work undertaken by a Minister of Religion. UKVI has acknowledged that a member of a religious order doesn’t necessarily need to work in a role undertaking mainly pastoral work in the UK.

There will also be an amendment to the maintenance requirement – those who are exempt from the National Minimum Wage will automatically be exempt from the financial requirement, and won’t need to provide evidence or funds / proof that funds have been certified on the CoS. This amendment recognises that members of religious orders – who are residential members of a community that is a charity; its purpose is to practise or advance a belief of a religious or similar nature; and all of some of its members live together for that purpose - are exempt from the NMW under Section 44A of the National Minimum Wage Act 1998. In reality, such members are supported by the religious organisation of which they are a member, so the sponsor tends to certify maintenance anyway, but it’s good that UKVI are finally acknowledging their role within the Immigration Rules.

UKVI will also be removing the 6 year cap that currently applies to the Minister of Religion route – those applying under the route will qualify for extensions of up to 3 years for as long as the extension is necessary and the requirements of the Immigration Rules can be met. This could be useful for those who have no incentive to secure settlement, or who struggle to pass the Life in the UK Test required for settlement.

Appendix Temporary Work – Religious Worker

The requirement to undertake a resident labour market test will be removed. Instead, in order to be sponsored as a Religious Worker, the UK role must either be:

• Supernumerary
• A role that involves living mainly within and being a member of a religious order; or
• The Applicant must have performed religious duties outside the UK for a religious organisation affiliated with the sponsor for at least 6 months – a letter from the overseas organisation must be provided

If none of the above can be met, an Applicant won’t be able to benefit from the Religious Worker immigration route.

Similar to the Minister of Religion route, the Religious Worker route will also see a change to the maintenance requirement, bearing in mind many Religious Workers don’t receive a salary whilst present in the UK.

Appendix Visitor

In addition to the various Erasmus+ programme changes summarised above, Visitors will be permitted to attend workshops and debates in the UK and will be able to participate in Skills competitions. Employees of an overseas company or organisation will also be able to receive training from a UK company or organisation in work practices and techniques which is required for employment overseas, without having to demonstrate that the training they wish to undertake in the UK is unavailable in their home country.

Artists, entertainers and musicians will be permitted to attend rehearsals under the Visitor route, with entertainment staff being able to support with activities permitted under PA.14.1.

Appendix Student

Appendix Student will see an uplift to the maintenance requirement to correspond to the uplift in maintenance loans for home students for 2026/27 academic year:

• Those studying in London will see the maintenance requirement increasing from £1529 per month to £1570 per month
• Those studying outside of London will see the maintenance requirement increase from £1171 per month to £1203 per month

Accommodation deposit funds that can be offset against the required maintenance funds will also be increased to a maximum of £1570 (from £1529).

Appendix Long Residence: changes to remove inconsistencies

Appendix Long Residence (10-year long residence route to settlement) will see the incorporation of requirements confirming that UKVI can vary settlement applications to permission to stay applications if the Secretary of State for the Home Department doesn’t think the Applicant can comply with the necessary suitability and eligibility requirements for settlement, but can meet the requirements for permission to remain based on family or private life. No additional application fee will be payable, but an Applicant will be required to pay the Immigration Health Charge – without payment, the application for permission to remain will be invalid.

Various other minor changes have also been announced.