New Statement of Changes to the Immigration Rules

On 9 July 2026, the Home Office published Statement of Changes HC 259, which makes a number of changes to the Immigration Rules that will take effect between 30 July 2026 and 3 August 2026. Whilst this Statement doesn’t contain sweeping reforms, it does include important changes affecting family migration, the Graduate route, the EU Settlement Scheme, suitability requirements and other immigration categories. Here, we consider the key changes and their potential impact.

Graduate Route: Provisions made for UK-born children

A welcome amendment has been made to address a gap in the Graduate route. Under the previous rules, dependant eligibility was generally limited to family members who already held permission as Student dependants. This created difficulties for those with children born in the UK after a parent had switched onto the Graduate route.

From 3 August 2026, a child born in the UK during a parent's current Graduate visa permission can apply as a dependant and be granted permission in line with their parent. This is considered to be a corrective measure rather than an expansion of the route.

Family Migration: Changes for children joining relatives

HC 259 amends the requirements for children seeking to join relatives in the UK under Part 8 of the Immigration Rules.

Children can apply to join a settled relative where there are "serious and compelling circumstances". The Home Office considered this wording inconsistent with other immigration routes. The new provisions aim to align Part 8 more closely with Appendix Children of the Immigration Rules.

Paragraph 297(i)(f) will be amended to “(f) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement, their other parent does not have (and is not being granted) limited leave in the UK, unless there are serious and compelling reasons to grant the applicant settlement;”

The new wording is slightly convoluted, and could indicate that admission may be possible under this section even if the other parent has (or is being granted) limited leave, if there are serious and compelling reasons. However, it could also be read to tighten the rules so that, if there is another parent that is not applying with the family, there must be serious and compelling reasons to grant settlement. It will be interesting to see how this is applied going forward.

Paragraph 297 is being expanded to include a new Paragraph 297(i)(g): “a close relative is present and settled in the United Kingdom and the applicant has no family other than the close relative in the UK that could reasonably be expected to support or care for them.”

This simplifies the options under Paragraph 297 slightly by separating parents and close relatives from being considered together as previously under Paragraph 297(i)(f), and means that those who can meet the requirements of the new Paragraph 297(i)(g) do not need to go to such great lengths to show serious and compelling reasons. Nevertheless, we would expect that applications under this section would still require careful preparation.

Partners of Those with Temporary Protection Status

Since March 2026, individuals granted protection status have generally received permission of 30 months. The Home Office was concerned that family members granted leave under Appendix FM could inadvertently receive permission extending beyond that of the protection sponsor. The rules will be amended so that partners granted permission under Appendix FM will now receive leave in line with the remaining duration of the sponsor's protection permission.

Immigration Bail No Longer an Automatic Barrier in Certain Cases

HC 259 makes an important amendment to the suitability requirements. Where an applicant benefits from the exception for overstayers under Part Suitability, being on immigration bail will no longer automatically result in refusal. Instead, the application can be considered on its individual merits.

This change has been made across several immigration routes to ensure consistency throughout the Rules and is a welcome change.

EU Settlement Scheme Changes

Two notable changes have been made to the EU Settlement Scheme (EUSS).

1. Removal of Fingerprint Requirement for EUSS Travel Permits
   Applicants for an EUSS travel permit will no longer be required to provide fingerprint biometrics. The Home Office states that this aligns the process more closely with the arrangements available to EUSS status holders updating their UKVI accounts from within the UK.
2. Clarification for Family Members of Qualifying British Citizens
   The Rules will confirm that an individual who previously held pre-settled status as the family member of a qualifying British citizen can still apply for settled status even if their EUSS status has subsequently been varied into another form of immigration permission. Applications can be made up until the expiry of that later permission, or beyond if there are reasonable grounds for the delay.

Care Requirement Extended to Appendix FM Child Applications

The care requirement already applies under Appendix Children and is intended to ensure a child's care and accommodation in the UK are appropriate and safeguard their welfare. HC 259 extends this requirement to child applications made under Appendix FM.

ETA Criminality Rules Tightened

The criminality provisions for Electronic Travel Authorisations (ETAs) have been strengthened. Previously, refusal or cancellation generally relied on a custodial sentence of at least 12 months. The Rules now make clear that suspended sentences of 12 months or more can also result in ETA refusal or cancellation, bringing ETA provisions in line with wider suitability requirements.

Scale-up Route: Recognition of Neonatal Leave

A practical change has been introduced for Scale-up migrants. Neonatal leave will now count as a permitted absence when assessing whether an applicant meets the earnings requirements for extension applications and settlement. This aligns the Scale-up route with the Skilled Worker route.

Extension of Diplomatic Visa Arrangements to India

The Diplomatic Visa Arrangement (DVA), introduced in 2025, is being extended to India. Eligible Indian diplomatic passport holders nominated by their government via a Note Verbale will benefit from a streamlined visa process, with no application fee and no requirement to provide fingerprints.

Other Notable Technical Changes

HC 259 also contains a number of smaller amendments, including:

·       updates to the Global Talent prestigious prizes list;

·       stateless individuals applying for settlement can do so under form SET(O);

·       strengthened criminality provisions relating to carers of Child Students;

·       administrative review rights for Appendix ECAA Settlement applicants; and

·       amendments affecting HM Armed Forces and international military personnel and their dependants; children of single serving personnel whose parent is exempt from immigration control can be granted permission under the rules, rather than a discretionary grant.

Whilst this latest Statement of Changes has not implemented significant reforms, it has clarified and tweaked certain areas. We are still yet to see whether the Earned Settlement proposals will come to fruition, or whether a change of direction may be on the horizon under the new Prime Minister.