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Policy paper

Statement of changes to the Immigration Rules: HC 584, 3 September 2026 (accessible)

Published 3 September 2026

Statement of changes in Immigration Rules[footnote 1]

The Home Secretary has made the changes hereinafter stated in the rules laid down by them as to the practice to be followed in the administration of the Immigration Acts for regulating entry into and the stay of persons in the United Kingdom and contained in the statement laid before Parliament on 23 May 1994 (HC 395) as amended. The amending statements were laid before, or presented to, Parliament on 20 September 1994 (Cm 2663), 26 October 1995 (HC 797), 4 January 1996 (Cm 3073), 7 March 1996 (HC 274), 2 April 1996 (HC 329), 29 August 1996 (Cm 3365), 31 October 1996 (HC 31), 27 February 1997 (HC 338), 29 May 1997 (Cm 3669), 5 June 1997 (HC 26), 30 July 1997 (HC 161), 11 May 1998 (Cm 3953), 7 October 1998 (Cm 4065), 18 November 1999 (HC 22), 28 July 2000 (HC 704), 20 September 2000 (Cm 4851), 28 August 2001 (Cm 5253), 16 April 2002 (HC 735), 27 August 2002 (Cm 5597), 7 November 2002 (HC 1301), 26 November 2002 (HC 104), 8 January 2003 (HC 180), 10 February 2003 (HC 389), 31 March 2003 (HC 538), 30 May 2003 (Cm 5829), 24 August 2003 (Cm 5949), 12 November 2003 (HC 1224), 17 December 2003 (HC 95), 12 January 2004 (HC 176), 26 February 2004 (HC 370), 31 March 2004 (HC 464), 29 April 2004 (HC 523), 3 August 2004 (Cm 6297), 24 September 2004 (Cm 6339), 18 October 2004 (HC 1112), 20 December 2004 (HC 164), 11 January 2005 (HC 194), 7 February 2005 (HC 302), 22 February 2005 (HC 346), 24 March 2005 (HC 486), 15 June 2005 (HC 104), 12 July 2005 (HC 299), 24 October 2005 (HC 582), 9 November 2005 (HC 645), 21 November 2005 (HC 697), 19 December 2005 (HC 769), 23 January 2006 (HC 819), 1 March 2006 (HC 949), 30 March 2006 (HC 1016), 20 April 2006 (HC 1053), 19 July 2006 (HC 1337), 18 September 2006 (Cm 6918), 7 November 2006 (HC 1702), 11 December 2006 (HC 130), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), 24 April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711), 10 December 2009 (HC 120), 10 February 2010 (HC 367), 18 March 2010 (HC 439), 28 June 2010 (HC 59), 15 July 2010 (HC 96), 22 July 2010 (HC 382), 19 August 2010 (Cm 7929), 1 October 2010 (Cm 7944), 21 December 2010 (HC 698), 16 March 2011 (HC 863), 31 March 2011 (HC 908), 13 June 2011 (HC 1148), 19 July 2011 (HC 1436), 10 October 2011 (HC 1511), 7 November 2011 (HC 1622), 8 December 2011 (HC 1693), 20 December 2011 (HC 1719), 19 January 2012 (HC 1733), 15 March 2012 (HC 1888), 4 April 2012 (Cm 8337), 13 June 2012 (HC 194), 9 July 2012 (HC 514), 19 July 2012 (Cm 8423), 5 September 2012 (HC 565), 22 November 2012 (HC 760), 12 December 2012 (HC 820), 20 December 2012 (HC 847), 30 January 2013 (HC 943), 7 February 2013 (HC 967), 11 March 2013 (HC 1038), 14 March 2013 (HC 1039), 9 April 2013 (Cm 8599), 10 June 2013 (HC 244), 31 July 2013 (Cm 8690), 6 September 2013 (HC 628), 9 October 2013 (HC 686), 8 November 2013 (HC 803), 9 December 2013 (HC 887), 10 December 2013 (HC 901), 18 December 2013 (HC 938), 10 March 2014 (HC 1130), 13 March 2014 (HC 1138), 1 April 2014 (HC 1201), 10 June 2014 (HC 198), 10 July 2014 (HC 532), 16 October 2014 (HC 693), 26 February 2015 (HC 1025), 16 March 2015 (HC1116), 13 July 2015 (HC 297), 17 September 2015 (HC 437), 29 October 2015 (HC535), 11 March 2016 (HC 877), 3 November 2016 (HC 667), 16 March 2017 (HC 1078), 20 July 2017 (HC 290), 7 December 2017 (HC 309), 15 March 2018 (HC 895), 15 June 2018 (HC 1154), 20 July 2018 (Cm 9675), 11 October 2018 (HC 1534), 11 December 2018 (HC 1779), 20 December 2018 (HC 1849), 7 March 2019 (HC 1919), 1 April 2019 (HC 2099), 9 September 2019 (HC 2631), 24 October 2019 (HC 170), 30 January 2020 (HC 56), 12 March 2020 (HC 120), 14 May 2020 (CP 232), 10 September 2020 (HC 707), 22 October 2020 (HC 813), 10 December 2020 (HC 1043), 31 December 2020 (CP 361), 4 March 2021 (HC 1248), 10 September 2021 (HC 617), 11 October 2021 (CP 542), 1 November 2021 (HC 803), 14 December 2021 (HC 913), 24 January 2022 (HC 1019), 17 February 2022 (CP 632), 15 March 2022 (HC 1118), 29 March 2022 (HC 1220), 11 May 2022 (HC 17), 20 July 2022 (HC 511), 18 October 2022 (HC 719), 9 March 2023 (HC 1160), 17 July 2023 (HC 1496), 19 July 2023 (HC 1715), 7 September 2023 (HC 1780), 7 December 2023 (HC 246), 15 February 2024 (HC 556), 14 March 2024 (HC 590), 10 September 2024 (HC 217), 26 November 2024 (HC 344), 12 March 2025 (HC 733), 24 June 2025 (HC 836), 1 July 2025 (HC 997), 5 August 2025 (CP 1373), 14 October 2025 (HC 1333), 9 December 2025 (HC 1491), 5 March 2026 (HC 1691) and 9 July 2026 (HC 259).

Implementation

The following paragraphs shall take effect on 8 October 2026:

  • INTRO1 and INTRO2
  • APP A1 to APP A32
  • APP AR1
  • APP AR(EU)1
  • APP EU1 to APP EU15
  • APP EU(FP)1 to APP EU(FP)3
  • APP SW1 and APP SW2
  • APP SU1 to APP SU4
  • APP HK1
  • APP CRP1 to APP CRP4
  • APP LR1 to APP LR3
  • APP VDA1 to APP VDA4

The following paragraphs shall take effect on 8 October 2026. In relation to those changes, if an application for entry clearance, for an Electronic Travel Authorisation, for permission to enter or for permission to stay, a claim, or an application for administrative review has been made before 8 October 2026, such applications will be decided in accordance with the Immigration Rules in force on 7 October 2026:

  • INTRO3 to INTRO11
  • 1.1 and 1.2
  • APP SUI1 and APP SUI2
  • APP FM1
  • APP V1 to APP V4
  • APP PA1 to APP PA7
  • APP ST1 to APP ST7
  • APP ST11 to APP ST14
  • APP CS1 and APP CS2
  • APP GAES1 and APP GAES2
  • APP PL1

The following paragraphs shall take effect on 29 October 2026. In relation to those changes, if an application for entry clearance, for an Electronic Travel Authorisation, for permission to enter or for permission to stay, a claim, or an application for administrative review has been made before 29 October 2026, such applications will be decided in accordance with the Immigration Rules in force on 28 October 2026:

  • APP MOR1 to APP MOR10
  • APP RW1 to APP RW10

The following paragraphs shall take effect on 30 November 2026. In relation to those changes, if an application for entry clearance, for an Electronic Travel Authorisation, for permission to enter or for permission to stay, a claim, or an application for administrative review has been made before 30 November 2026, such applications will be decided in accordance with the Immigration Rules in force on 29 November 2026:

  • APP ST8 to APP ST10

The following paragraphs shall take effect on 9 December 2026:

  • APP EU16

Review

Before the end of each review period, the Secretary of State undertakes to review all of the relevant Immigration Rules including any Relevant Rule amended or added by these changes. The Secretary of State will set out the conclusions of the review in a report and publish the report.

The report must in particular:

(a) consider each of the Relevant Rules and whether or not each Relevant Rule achieves its objectives and is still appropriate; and

(b) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

“Review period” means:

(a) the period of five years beginning on 6 April 2017; and

(b) subject to the paragraph below, each successive period of five years.

If a report under this provision is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.

“Relevant Rule” means an Immigration Rule which:

imposes requirements, restrictions or conditions, or sets standards, in relation to any activity carried on by a business or voluntary or community body; or

relates to the securing of compliance with, or the enforcement of, requirements, restrictions, conditions or standards which relate to any activity carried on by a business or voluntary or community body.

Changes to Introduction

INTRO1.

In paragraph 6.2(b), after the entry “Born in the UK or Islands”, insert:

““BN(O) Adult Child” means a person granted permission as a BN(O) Adult Child, or BN(O) Household Member prior to SOC HC1691, under Appendix Hong Kong British National (Overseas).”.

INTRO2.

In paragraph 6.2(b), delete the entry “BN(O) Household Member”.

INTRO3.

In paragraph 6.2(b), in the entry “Course of Study”, after “Student route”, insert:

“, or a course undertaken by a Visitor that is not part of a short educational exchange or visit under PA 2.b) of Appendix Visitor: Permitted Activities”.

INTRO4.

In paragraph 6.2(b), after the entry “English language course”, insert:

““Entertainment staff” in Appendix Visitor: Permitted Activities means an individual employed by an organisation, entertainer, musician, or artist to support in the preparation, setting up and running of an event held within the UK.”.

INTRO5.

In paragraph 6.2(b), after the entry “False document”, insert: ““In the Family Returns Process” means someone who is:

  1. (a) a child who is to be removed from or required to leave the United Kingdom, and
  2. (b) an individual who:
  3. (i) is a parent of the child or has care of the child, and
  4. (ii) is living in a household in the United Kingdom with the child, who is also to be removed from or required to leave the United Kingdom; and
  5. (c) who have been notified they are entering the Family Returns Process”.

INTRO6.

In paragraph 6.2(b), after the entry “Islands”, insert:

““Job shadowing” in Appendix V: Visitor and Appendix Visitor: Permitted Activities means a stay at a UK organisation which is participating in the Erasmus+ programme, with the aim of receiving training by following practitioners in their daily work in that organisation, exchanging good practices, acquiring skills and knowledge and/or building long-term partnerships through Participative observation.”.

INTRO7.

In paragraph 6.2(b), after the entry “Parent of a Child Student”, insert:

““Participative observation” in Appendix Visitor: Permitted Activities means an activity where the participant immerses themselves in the work environment of a UK organisation, participating in their daily activities and observing the behaviours, interactions and the day-to-day tasks of the organisation.”.

INTRO8.

In paragraph 6.2(b), after the entry “Permission to stay”, insert:

““person in immigration detention” is someone who is liable to immigration detention and who is so detained in a place of detention listed in the Immigration (Places of Detention) Direction 2025.”.

INTRO9.

In paragraph 6.2 (b), after the entry “Skilled Worker”, insert:

““Skills competition” in Appendix Visitor: Permitted Activities means an event in which individuals compete by demonstrating the skills and competences required in particular occupations or vocational disciplines.”.

INTRO10.

In paragraph 6.2(b), after the entry “Track record of compliance”, insert:

““Traineeship” in Appendix V: Visitor and Appendix Visitor: Permitted Activities means time spent in an enterprise or organisation in the UK which is participating in the Erasmus+ programme to gain work experience, develop and acquire specific competencies needed for future employment, and to develop a deeper understanding of the economic and social culture of the UK.”.

INTRO11.

In paragraph 6.2(b), after the entry “Youth Mobility Scheme”, insert:

““Youth Worker” in Appendix Visitor: Permitted Activities means a professional or volunteer participating in the Erasmus+ programme who provides learning to young people in the following areas:

(a) Social development, including community support, creating and developing personal relationships and social skills.

(b) Professional development, including mentoring and coaching, enhancing personal and workplace skills, awareness and development courses.”.

Changes to Part 1

1.1. After paragraph 34BB(2), insert:

“(2A) Where an application to vary the previous application is made, the applicant must still comply with the requirement to submit biometrics within the period stated for the previous application for the application to be valid.”.

1.2. For paragraph 34G(4), substitute:

“34G. For the purposes of these rules, and subject to paragraph 34GB, the date on which an application is made is:

(4) where the online application followed a request for a fee waiver, the date on which the online request for a fee waiver is submitted, as long as:

(a) the completed application for permission to stay (which must be for permission on the route for which the waiver request was made) is submitted within 10 working days of the receipt of the decision on the fee waiver request application, or

(b) a paid application for permission to stay (which must be for permission on the route for which the fee waiver request was made) is made prior to the receipt of the fee waiver decision.

(5) Where, after making a fee waiver request under paragraph 34G(4), the applicant submits an application for permission to stay on a route other than the route to which the fee waiver request relates, the date of application is the date on which that application is submitted, not the date of the fee waiver request.”.

Changes to Part Suitability

SUI1.

In SUI 11.4(d), for “.”, substitute “; or”.

SUI2.

After SUI 11.4(d), insert:

“(e) acted to frustrate immigration controls as set out in SUI 11.7.”.

Changes to Appendix A: Attributes

APP A1.

For paragraph 35, substitute:

“35. An applicant applying for indefinite leave to remain as a Tier 1 (Entrepreneur) Migrant must score 75 points for attributes.”.

APP A2.

Delete paragraphs 36 and 37.

APP A3.

Delete paragraph 39(a)(i).

APP A4.

Delete paragraph 39(g).

APP A5.

In paragraph 39(h), for “Tables 5 and 6”, substitute “Table 6”.

APP A6.

Delete Table 4.

APP A7.

Delete paragraphs 40 to 43, including table 4A.

APP A8.

Delete Table 5.

APP A9.

In paragraph 45(c)(i), for “,”, substitute “, or”.

APP A10.

Delete paragraph 45(c)(ii).

APP A11.

In paragraph 45(c)(iii), for “a third party other than those in (ii), and the accounts must either:”, substitute “a third party, and the accounts must either:”.

APP A12.

In paragraph 45(c)(iii)(2), for “International Trade”, substitute “Business and Trade”.

APP A13.

Delete paragraph 45(h)(i).

APP A14.

In paragraph 46, for “paragraph 43 and Tables 5 and 6”, substitute “Table 6”.

APP A15.

In paragraph 47, for “Table 5 and 6”, substitute “Table 6”.

APP A16.

In paragraph 49(d), for “Table 5 (row 4) and Table 6 (row 3)”, substitute “Table 6”.

APP A17.

In paragraph 50, delete “Table 5 or”.

APP A18.

In paragraph 52, for “Tables 4,5 or 6”, substitute “Table 6”.

APP A19.

In paragraph 54, delete “entry clearance, leave to remain or”.

APP A20.

Delete paragraph 56.

APP A21.

Delete paragraph 58.

APP A22.

Delete Table 8A.

APP A23.

Delete paragraph 61A.

APP A24.

Delete paragraph 64B-SD.

APP A25.

For the heading “Qualifying investments (Table 8A to Table 9B): notes”, substitute “Qualifying investments (Table 9A and Table 9B)”.

APP A26.

Delete paragraph 65(a).

APP A27.

Delete paragraphs 65A(c) and (d).

APP A28.

In paragraph 65C(a), delete “Table 8A or”.

APP A29.

In paragraph 65C(b), delete “Table 8B or”.

APP A30.

In paragraph 65C(c), for “one of Tables 8A, 8B, 9A or 9B”, substitute “either Table 9A or Table 9B”.

APP A31.

In paragraph 65-SD(c), delete “Table 8B or”.

APP A32.

In paragraph 65-SD(d), delete “Table 8A, Table 8B,”.

Changes to Appendix Administrative Review

APP AR1.

Delete AR 2.3.

Changes to Appendix AR (EU)

APP AR(EU)1.

Delete Appendix AR (EU).

Changes to Appendix EU

APP EU1.

For EU4, substitute:

“EU4. Where a person has been granted limited leave to enter or remain under this Appendix:

(a) They must:

(i) continue to meet the eligibility requirements for that leave which they met at the date of application (except for any which related to their dependency as a child, dependent parent or dependent relative or to a decision by the Secretary of State or an Immigration Officer that it was not proportionate to cancel, or by the Secretary of State that it was not proportionate to curtail, that leave where, for the reasons relied on in that decision, they ceased to meet that eligibility requirement); or

(ii) meet other eligibility requirements for limited leave to enter or remain in accordance with paragraph EU14 (where they have been granted limited leave to enter or remain under paragraph EU3) or in accordance with paragraph EU14A (where they have been granted limited leave to enter or remain under paragraph EU3A);

(b) The Secretary of State may extend that limited leave, regardless of whether the person has made a valid application under this Appendix for such an extension;

(c) They remain able to apply for indefinite leave to enter or remain under this Appendix and will be granted this where, save where sub-paragraph (a) above permits, the requirements in paragraph EU2 (where they have been granted limited leave to enter or remain under paragraph EU3) or paragraph EU2A (where they have been granted limited leave to enter or remain under paragraph EU3A) are met; and

(d) They may be granted indefinite leave to enter or remain under paragraph EU2 or EU2A of this Appendix, where the Secretary of State is satisfied, without a valid application under this Appendix having been made, that, save where sub-paragraph (a) above permits, the requirements in paragraph EU2 (where the person has been granted limited leave to enter or remain under paragraph EU3) or paragraph EU2A (where the person has been granted limited leave to enter or remain under paragraph EU3A) are otherwise met.”.

APP EU2.

In Annex 1, in sub-paragraph (a) of the definition of ‘continuous qualifying period’, after:

“unless the person is a joining family member of a relevant sponsor,”,

insert:

“is a person with a derivative right to reside,”.

APP EU3.

In Annex 1, in sub-paragraph (b) of the definition of ‘person with a derivative right to reside’, after:

“throughout which the following criteria are met”,

insert:

“(or, where they hold limited leave to enter or remain granted to them under this Appendix as a child, resident for a continuous qualifying period in the UK which continued before or after the specified date on the basis that the following criteria are met)”.

APP EU4.

In Annex 1, for sub-paragraph (c) of the definition of ‘person with a derivative right to reside’, substitute:

“(c) resident for a continuous qualifying period in the UK which began before the specified date and throughout which the following criteria are met (or, where PPP holds or previously held limited leave to enter or remain granted to them under this Appendix as a child, resident for a continuous qualifying period in the UK which began or continued before or after the specified date on the basis that the following criteria are met):

(i) they are not an exempt person; and

(ii) they are the primary carer of a person who meets the requirements of sub-paragraph (b) above (“PPP”), save for sub-paragraph (b)(i) above where PPP holds indefinite leave to enter or remain granted under this Appendix; and

(iii) PPP would in practice be unable to continue to be educated in the UK if the person in fact left the UK for an indefinite period; and

(iv) where PPP holds or previously held limited leave to enter or remain granted to them under this Appendix as a child, the person may have leave to enter or remain in the UK, unless:

(aa) it was not granted under this Appendix; and

(bb) PPP relies on meeting the requirements of sub-paragraph (b) above after the specified date; and

(v) they are not subject to a decision made under regulation 23(6)(b), 24(1), 25(1), 26(3) or 31(1) of the EEA Regulations, unless that decision has been set aside or otherwise no longer has effect; or”.

APP EU5.

In Annex 1, in sub-paragraph (d) of the definition of ‘person with a derivative right to reside’, after:

“throughout which the following criteria are met”,

insert:

“(or, where their primary carer meets the requirements of sub-paragraph (c) above in circumstances where PPP in that sub-paragraph holds or previously held limited leave to enter or remain granted to them under this Appendix as a child, resident for a continuous qualifying period in the UK which began or continued before or after the specified date on the basis that the following criteria are met)”.

APP EU6.

In Annex 1, in sub-paragraph (d)(v)(bb) of the definition of ‘person with a derivative right to reside’, after “the Immigration Act 1971”, insert “(and sub-paragraph (c)(iv)(bb) above does not apply)”.

APP EU7.

In Annex 1, in the second sub-paragraph (b) of the definition of ‘person with a derivative right to reside’, before:

“the relevant period must have been continuing at 2300 GMT on 31 December 2020”,

insert:

“or where sub-paragraph (b), (c) or (d) above permits otherwise,”.

APP EU8.

In Annex 1, at the end of sub-paragraph (e) of the definition of ‘person with a derivative right to reside’, insert:

“; and (f) ‘previously held limited leave to enter or remain granted to them under this Appendix as a child’ means that, having held such leave, PPP now holds indefinite leave to enter or remain granted to them under this Appendix as a child or on the basis of meeting the requirements of the first sub-paragraph (b) above”.

APP EU9.

In Annex 1, in sub-paragraph (a)(i) of the definition of ‘required date’, after “(a)(vii)”, insert “and (a)(xi)”.

APP EU10.

In Annex 1, in the opening words of sub-paragraph (a)(ii) of the definition of ‘required date’, for:

“first arrived in the UK after the specified date was on or after 1 April 2021, and where sub-paragraph (a)(iii), (a)(viii) or (a)(ix) below does not apply”,

substitute:

“last legally entered the UK after the specified date was on or after 1 April 2021, and where sub-paragraph (a)(iii), (a)(viii), (a)(ix) or (a)(x) below does not apply”.

APP EU11.

In Annex 1, in sub-paragraph (a)(ii)(aa) of the definition of ‘required date’, for “first arrived in” substitute “last legally entered”.

APP EU12.

In Annex 1, in the opening words of sub-paragraph (a)(iii) of the definition of ‘required date’, for:

“first arrived in the UK after the specified date was on or after 1 April 2021, and where sub-paragraph (a)(viii) or (a)(ix) below does not apply”,

substitute:

“last legally entered the UK after the specified date was on or after 1 April 2021, and where sub-paragraph (a)(viii), (a)(ix) or (a)(x) below does not apply”.

APP EU13.

In Annex 1, in sub-paragraph (a)(iii)(aa) of the definition of ‘required date’, for “first arrived in”, substitute “last legally entered”.

APP EU14.

In Annex 1, in sub-paragraph (a)(viii) of the definition of ‘required date’, after “(a)(iii)(aa) above”, insert “, or in sub-paragraph (a)(x)(aa) below,”.

APP EU15.

In Annex 1, at the end sub-paragraph (a)(ix) of the definition of ‘required date’, insert:

“(x) (where the applicant relies on being a joining family member of a relevant sponsor, last legally entered the UK after the specified date without an entry clearance in the form of an EU Settlement Scheme Family Permit granted under Appendix EU (Family Permit) to these Rules (and without being a person exempt from immigration control) and has previously made an application under this Appendix after legally entering the UK after the specified date without such an entry clearance (and without being such a person) which did not lead to a grant of leave) the date of application is:

(aa) within three months of the date on which they last legally entered the UK after the specified date without an entry clearance in the form of an EU Settlement Scheme Family Permit granted under Appendix EU (Family Permit) to these Rules (and without being a person exempt from immigration control) prior to the date of the first such previous application under this Appendix; or

(bb) (where the deadline in sub-paragraph (a)(x)(aa) above was not met and the Secretary of State is satisfied by information provided with this latest application that, at the date of application, there are reasonable grounds for the person’s delay in making their application) after that deadline; or

(xi) (where the applicant relies on being a person with a derivative right to reside in accordance with sub-paragraph (c) or (d) of that entry in this table, on the basis of a continuous qualifying period which began after the specified date) the date of application is:

(aa) within three months of the date on which that continuous qualifying period began; or

(bb) (where the deadline in sub-paragraph (a)(xi)(aa) above was not met and the Secretary of State is satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s delay in making their application) after that deadline; or”.

APP EU16.

In Annex 1, for sub-paragraph (b) of the definition of ‘required proof of identity and nationality’, substitute:

“(b) in the case of a non-EEA citizen making an application within the UK:

(i) their valid passport; or

(ii) their valid specified relevant document,”.

Changes to Appendix EU (Family Permit)

APP EU(FP)1.

For FP1, substitute:

“FP1. This Appendix sets out the basis on which a person will, if they apply under it, be granted an entry clearance in the form of an EU Settlement Scheme Family Permit to join a relevant EEA citizen or a qualifying British citizen in the UK or to accompany them to the UK.”.

APP EU(FP)2.

For FP3(b), substitute:

“(b) The applicant meets the eligibility requirements in paragraph FP6(1) or (2); and”.

APP EU(FP)3.

Delete FP6(3).

Changes to Appendix FM

APP FM1.

After GEN.1.9(a)(ii), insert:

“(iia) where an applicant is in the Family Returns Process. An applicant in the Family Returns Process or their representative must submit any application or claim raising Article 8 to a member of Home Office staff in the Family Returns Process; or”.

Changes to Appendix V: Visitor

APP V1.

In V 9.1, after “Where the applicant is seeking to come to the UK to study”, insert: “outside of the Erasmus+ programme”.

APP V2.

After V 9.1, insert:

“V 9.1A. Where the applicant is seeking to come to the UK to study under the Erasmus+ programme, they must:

(a) have been accepted onto a course of study that is to be provided by an Accredited Institution that is participating in the Erasmus+ programme; and

(b) show that they genuinely intend to undertake these activities as a participant on an Erasmus+ mobility project.”.

APP V3.

In V 9.2, after “The course of study referred to in V 9.1”, insert “and V 9.1A.”.

APP V4.

After V 11.3, Insert:

“Additional eligibility requirements for Visitors coming to the UK for Erasmus+

V 11A.1. Where the applicant is seeking to come to the UK under the Erasmus+ programme to undertake the activities at PA 20.1. to PA 20.4. they must show that they genuinely intend to undertake these activities as a participant on an Erasmus+ mobility project.

V 11A.2. Where the applicant is seeking to come to the UK under the Erasmus+ programme to undertake a Traineeship or Job shadowing they must, if they are under the age of 18, provide written confirmation that they have permission to undertake that Traineeship or Job shadowing as part of the Erasmus+ programme from their parent or legal guardian, and from their home institution.”.

Changes to Appendix Visitor: Permitted Activities

APP PA1.

In PA 4(a), after “attend meetings, conferences, seminars, interviews”, insert:

“, workshops, debates”.

APP PA2.

In PA 9.1(h), for “renumerated”, substitute “remunerated”.

APP PA3.

In PA 10.2, delete “and not available in their home country”.

APP PA4.

After the deleted PA 11.2, insert:

“PA 11.3. A Visitor may participate in Skills competitions.”.

APP PA5.

In PA 14.1(a), after “performances”, insert “or attend rehearsals”.

APP PA6.

For PA 14.2, substitute:

“PA 14.2. Entertainment staff, including the personal or technical staff or members of the production team of an artist, entertainer or musician, may support the activities in PA 14.1. or V 13.3.(e) provided:

(a) they are attending the same event as the artist, entertainer, or musician, and;

(b) they are employed to work for them outside of the UK.”.

APP PA7.

After PA 19, insert:

“Erasmus+ Activities

PA 20.1. A Visitor may provide or receive training at a UK-based organisation or educational institution under the Erasmus+ programme, provided the training role does not amount to the filling of a permanent role at that organisation or educational institution, and:

(a) they are employed by an overseas organisation or educational institution taking part in the Erasmus+ programme; or

(b) they work with an overseas organisation or education institution taking part in the Erasmus+ programme; or

(c) they are considered to be a Youth Worker under the Erasmus+ programme;

and the additional requirements of Appendix V: Visitor at V 11A.1. to V 11A.2. are also met.

PA 20.2. A Visitor, aged 18 or under, may come to the UK to undertake a Traineeship at a UK-based organisation or educational institution under the Erasmus+ programme for up to 30 days, provided:

(a) the working hours and times comply with the current UK Working Time Regulations; and

(b) the additional requirements of Appendix V: Visitor at V 11A.1. to V 11A.2. are also met.

PA 20.3. A Visitor may undertake Job shadowing at a UK-based organisation or educational institution under the Erasmus+ programme, provided:

(a) it is confined to Participative observation; and

(b) it does not amount to filling a permanent role in that organisation; and

(c) the additional requirements of Appendix V: Visitor at V 11A.1. to V 11A.2. are also met.

PA 20.4. Sports staff, coaches and volunteers may undertake coaching or training assignments at a UK based sports organisation under the Erasmus+ programme, provided:

(a) it does not amount to filling a permanent role in that organisation; and

(b) the additional requirements of Appendix V: Visitor at V 11A.1. to V 11A.2. are also met.”.

Changes to Appendix Student

APP ST1.

In ST8.2(e), for “.”, substitute “; or”.

APP ST2.

After ST8.2(e), insert:

“(f) a course of study undertaken by a student as a participant in the Erasmus+ programme at a sponsor participating in that programme.”.

APP ST3.

In ST9.1, after “unless it is a pre-sessional course”, insert: “or a course undertaken by an Erasmus+ participant at a sponsor participating in the Erasmus+ programme”.

APP ST4.

In ST 10.1(d), for “.”, substitute “; or”.

APP ST5.

After ST 10.1(d), insert:

“(e) the course is undertaken by a student as a participant in the Erasmus+ programme at a sponsor participating in that programme, is studied in England, Wales or Northern Ireland, and is at Regulated Qualifications Framework level 2 or above; or

(f) the course is undertaken by a student as a participant in the Erasmus+ programme at a sponsor participating in that programme, is studied in Scotland, and is at Scottish Credit and Qualifications Framework level 5 or above.”.

APP ST6.

In ST 10.2(f), for “.”, substitute “; or”.

APP ST7.

After ST 10.2(f), insert:

“(g) the course is undertaken by a student as a participant in the Erasmus+ programme at a sponsor participating in that programme, is studied in England, Wales or Northern Ireland, and is at Regulated Qualifications Framework level 2 or above; or

(h) the course is undertaken by a student as a participant in the Erasmus+ programme at a sponsor participating in that programme, is studied in Scotland, and is at Scottish Credit and Qualifications Framework level 5 or above.”.

APP ST8.

In ST 12.3(a), for “£1529”, substitute “£1570”.

APP ST9.

In ST 12.3(b), for “£1171”, substitute “£1203”.

APP ST10.

In ST 12.4, for “£1529”, substitute “£1570”.

APP ST11.

In ST 17.1, for “A course that includes a work placement”, substitute:

“Unless the course is undertaken by an Erasmus+ participant at a sponsor participating in the Erasmus+ programme, a course that includes a work placement”.

APP ST12.

In ST 17.2, for “or where ST 17.3. applies”, substitute “or where ST 17.3. or ST 17.4. applies”.

APP ST13.

After ST 17.3, insert:

“ST 17.4. A work placement on a course of study that is undertaken by an Erasmus+ participant at a sponsor participating in the Erasmus+ programme will be exempt from work placement duration restrictions.”.

APP ST14.

For ST 27.7, substitute:

“The student must not study at a State School or Academy except for:

(a) a voluntary grammar school with boarding in Northern Ireland; or

(b) where the student has been granted permission to study at a student sponsor which becomes a State School or Academy during that period of permission, in which case the student may complete the course for which the Confirmation of Acceptance for Studies was assigned; or

(c) where the student is undertaking a course of study as a participant in the Erasmus+ programme at a sponsor participating in that programme.”.

Changes to Appendix Child Student

APP CS1.

In CS 17.4(b), for “.”, substitute “; or”.

APP CS2.

After CS 17.4(b), insert:

“(c) where the Child Student is undertaking a course of study as a participant in the Erasmus+ programme at a sponsor participating in that programme.”.

Changes to Appendix Skilled Worker

APP SW1.

In SW 9.2, for “Ecctis”, substitute “the qualification and language assessments provider”.

APP SW2.

After SW 18.2, insert:

“SW 18.3. A Skilled Worker who has been referred into the National Referral Mechanism and is in receipt of a positive Conclusive Grounds decision, where that decision was made during their most recent permission, may have the conditions in SW 18.2(b) to (e) amended, such that any work (including self-employment and voluntary work) is permitted, except for work as a professional sportsperson (including as a sports coach).”.

Changes to Appendix T2 Minister of Religion

APP MOR1.

For the introduction section, substitute:

“This route is for a person who has a key leading role within their faith-based organisation in the UK, such as a minister of religion, missionary or other religious worker in a mainly pastoral role, or is a member of a religious order.

A dependent partner and dependent children of a T2 Minister of Religion can apply on this route.

T2 Minister of Religion is a route to settlement.”.

APP MOR2.

For MOR 5.1(h), substitute:

“(h) confirm that the applicant’s role will not involve mainly non-pastoral duties, such as school teaching, media production, domestic work or administrative and clerical work, unless the role is a senior position within the sponsor’s organisation or the applicant is a member of a religious order; and”.

APP MOR3.

In MOR 7.1, after “funds” insert “unless the applicant will not be entitled to be paid the National Minimum Wage in respect of the role for which they are being sponsored to undertake”.

APP MOR4.

In MOR 7.2, after “date of application,” insert “and the applicant is entitled to be paid the National Minimum Wage in respect of the role for which they are being sponsored to undertake,”.

APP MOR5.

After MOR 7.3, insert:

“MOR 7.4. If the applicant will not be entitled to be paid the National Minimum Wage in respect of the role for which they are being sponsored to undertake, the applicant’s A-rated sponsor must confirm on the Certificate of Sponsorship that they will maintain and accommodate the applicant for the duration of the period of permission in the UK.”.

APP MOR6.

For MOR 10.1, substitute:

“MOR 10.1. The applicant will be granted entry clearance or permission to stay for whichever is the shorter of:

(a) up to 14 days after the period of employment stated on their Certificate of Sponsorship; or

(b) 3 years.”.

APP MOR7.

Delete MOR 10.2.

APP MOR8.

In MOR 25.1, after “funds”, insert “unless the T2 Minister of Religion will not be entitled to be paid the National Minimum Wage in respect of the role for which they are being sponsored to undertake”.

APP MOR9.

In MOR 25.2, after “date of application,”, insert “and the T2 Minister of Religion is entitled to be paid the National Minimum Wage in respect of the role for which they are being sponsored to undertake,”.

APP MOR10.

After MOR 25.5, insert:

“MOR 25.6. If the T2 Minister of Religion will not be entitled to be paid the National Minimum Wage in respect of the role for which they are being sponsored to undertake, the T2 Minister of Religion’s A-rated sponsor must confirm on the Certificate of Sponsorship that they will maintain and accommodate the dependent partner and/or any dependent child as well as the Religious Worker for the duration of the period of permission in the UK.”.

Changes to Appendix Start-up

APP SU1.

For the introductory text below the main heading, “Immigration Rules Appendix Start-up”, substitute:

“The Start-up route closed on 13 July 2023.”.

APP SU2.

Delete SU 1.1 to SU 12.2.

APP SU3.

In SU 13.2(d)(ii), for “; or”, substitute “.”.

APP SU4.

Delete SU 13.2(d)(iii).

Changes to Appendix Temporary Work – Religious Worker

APP RW1.

For the introduction, substitute:

“The Religious Worker route is for a person who wants to support the activities of religious institutions in the UK by conducting religious work such as working in a religious order or undertaking non-pastoral work for a religious organisation.

A person on the Religious Worker route can stay in the UK for up to a maximum of two years.

A partner and children can apply as dependants on this route.

The Religious Worker route is not a route to settlement.

A minister of religion must apply on the T2 Minister of Religion route if their engagement in the UK involves leading a congregation in performing rites, rituals and preaching the essentials of the creed as its core duties.”.

APP RW2.

For RW 4.1(i), substitute:

“(i) confirm that the requirements set out in RW 4.2, in respect of the job, have been met, or that the applicant is applying for permission to stay and the sponsor is the same sponsor as in their last grant of permission as a Religious Worker.”.

APP RW3.

For RW 4.2, substitute:

“RW 4.2. The applicant must either:

(a) be sponsored for a role that is supernumerary, such that it is over and above the sponsor’s normal staffing requirements and if the person filling the role was not there, it would not need to be filled by anyone else (with a full explanation of why it is supernumerary); or

(b) be sponsored for a role that involves living mainly within and being a member of a religious order, which must be a lineage of communities or of people who live in some way set apart from society in accordance with their specific religious devotion, for example an order of nuns or monks; or

(c) have performed religious duties outside the UK for the same faith-based organisation to which the sponsor is affiliated for at least 6 months immediately prior to the date of application and a letter from the overseas faith-based organisation detailing this must be provided.”.

APP RW4.

For RW 4.3, substitute:

“RW 4.3. The sponsor must ensure the role meets all the following requirements:

(a) the role must mainly involve performing non-pastoral religious duties within, or directed by, the sponsor’s organisation to support the activities of the religious institution; and

(b) the religious duties must not include work which falls under a role of a minister of religion (which means the applicant must not have core duties of leading a congregation in performing the rites and rituals of the faith and in preaching the essentials of the creed).”.

APP RW5.

In RW 6.1, after “funds”, insert “unless the applicant will not be entitled to be paid the National Minimum Wage in respect of the role for which they are being sponsored to undertake”.

APP RW6.

In RW 6.2, after “date of application,” insert “and the applicant is entitled to be paid the National Minimum Wage in respect of the role for which they are being sponsored to undertake,”.

APP RW7.

After RW 6.3, insert:

“RW 6.4. If the applicant will not be entitled to be paid the National Minimum Wage in respect of the role for which they are being sponsored to undertake, the applicant’s A-rated sponsor must confirm on the Certificate of Sponsorship that they will maintain and accommodate the applicant for the duration of the period of permission in the UK.”.

APP RW8.

In RW 16.1, after “funds”, insert “unless the Religious Worker will not be entitled to be paid the National Minimum Wage in respect of the role for which they are being sponsored to undertake”.

APP RW9.

In RW 16.2, after “date of application,”, insert “and the Religious Worker is entitled to be paid the National Minimum Wage in respect of the role for which they are being sponsored to undertake,”.

APP RW10.

After RW 16.5, insert:

“RW 16.6. If the Religious Worker will not be entitled to be paid the National Minimum Wage in respect of the role for which they are being sponsored to undertake, the Religious Worker’s A-rated sponsor must confirm on the Certificate of Sponsorship that they will maintain and accommodate the dependent partner and/or any dependent child as well as the Religious Worker for the duration of the period of permission in the UK.”.

Changes to Appendix Government Authorised Exchange schemes

APP GAES1.

In the list of schemes, after the entry: “Engineering work placement scheme”, insert:

Erasmus+ This scheme is for Erasmus+ participants undertaking eligible traineeships, teaching placements and training assignments in the UK. Erasmus+ participants undertaking other types of placements will use alternative immigration routes. IRARA Services Ltd Work experience programme Maximum 12 months All UK ”.

APP GAES2.

In the list of schemes, delete the entry: “The Ofgem International Staff Exchange Scheme”.

Changes to Appendix Hong Kong British National (Overseas)

APP HK1.

For HK 62.1, substitute:

“The applicant must meet the following requirements:

(a) the applicant’s most recent grant of permission must have been on the Hong Kong BN(O) route; and,

(b) the applicant must have spent a continuous period of 5 years with permission in the UK on a route under which a person can settle, unless they are aged under 18 at the date of application.”.

Changes to Appendix Child Relative (Sponsors with Protection)

APP CRP1.

In CRP 1.2(d), for “; and”, substitute “.”.

APP CRP2.

Delete CRP 1.2(e).

APP CRP3.

In CRP 3.1(b), for “.”, substitute “; and”.

APP CRP4.

After CRP 3.1(b), insert “(c) age requirement.”.

Changes to Appendix Long Residence

APP LR1.

For LR 6.2, substitute:

“LR 6.2. If the decision maker is not satisfied the suitability and eligibility requirements for permission to stay on the Long Residence route are met, but thinks the applicant may meet requirements for permission to stay on one of the following routes, the application will be varied by the Secretary of State to an application for permission to stay:

(a) as a partner, parent or child under Appendix FM (family life); or

(b) under Appendix Private Life.”.

APP LR2.

After LR 6.2, insert:

“LR 6.2A. If the application is varied as set out in LR 6.2, the Secretary of State will contact the applicant informing them of this variation and:

(a) no additional application fee for the application for permission to stay will be required; and

(b) the applicant must pay any required Immigration Health Charge.”.

APP LR3.

After LR 6.2A, insert:

“LR 6.2B. If LR 6.2A. applies and the applicant does not pay the required Immigration Health Charge, or does not request a waiver for the Immigration Health Charge, which is then granted, the application for permission to stay under Appendix FM (family life) or Appendix Private Life will be rejected as invalid.”.

Changes to Appendix Victim of Domestic Abuse

APP VDA1.

For the introduction section, substitute:

“This Victim of Domestic Abuse route allows settlement where a person aged 18 or over has, or was last granted, permission as a partner or child in a specified immigration category and the relevant relationship has broken down permanently due to domestic abuse.

The main applicant’s dependent children, including those aged 18 or over, can also apply on this route under VDA 5.1. They can apply at the same time or after their parent.

The applicant must be in the UK, unless the applicant is overseas because they have been abandoned overseas.

An alternative route may be available for relevant family members under Appendix EU who are victims of domestic abuse.”.

APP VDA2.

For VDA 1.4, substitute:

“VDA 1.4. An applicant must meet the relationship requirement for settlement for the Victim of Domestic Abuse route at VDA 4.1.

VDA 1.5. An application which does not meet all the validity requirements for the Victim of Domestic Abuse route may be rejected as invalid and not considered.”.

APP VDA3.

For VDA 4.1, substitute:

“VDA 4.1. The applicant must be aged 18 or over and have, or have last been granted, permission as one of the following:

(a) (i) a partner (except for permission as a fiancé(e) or proposed civil partner) under Appendix FM of a person who is a British citizen, settled in the UK or an EEA national in the UK with limited leave to enter or remain granted under paragraph EU3 of Appendix EU on the basis of meeting condition 1 in paragraph EU14 of Appendix EU; or (ii) a child under Appendix FM of a person in (i); or

(aa) a spouse, civil partner, durable partner, or child under Appendix EU with limited leave to enter or remain as a family member of a relevant EEA citizen (or of a qualifying British citizen), as a joining family member of a relevant sponsor or as a family member who has retained the right of residence, granted under paragraph EU3 or EU3A of that Appendix; or

(b) a partner or child under Appendix FM, Part 8, Part 11, or Appendix Family Reunion (Protection) of a refugee; or

(c) a partner or child under paragraph 282(a), 282(c), 285, 295B(a), 295B(c) or 295E of Part 8 of a person present and settled in the UK; or

(d) a victim of domestic abuse under Appendix FM or Part 8; or

(e) a partner or child under Appendix HM Armed Forces or Part 7 (except for permission as a fiancé(e) or proposed civil partner) of any of the below:

(i) a person who is a British citizen; or

(ii) a foreign and commonwealth citizen serving in HM Armed Forces at the date of application under this paragraph or;

(iii) a member of HM Armed forces who has applied for or been granted permission or settlement as a foreign and commonwealth citizen discharged from HM Armed Forces; or

(f) leave outside the rules granted under the Migrant Victims of Domestic Abuse Concession (formerly the Destitution Domestic Violence Concession (DDVC)), and before that was last granted permission under one of the categories defined in VDA 4.1(a) to (e).”.

APP VDA4.

For VDA 4.2, substitute:

“VDA 4.2. The applicant must meet one of the following requirements:

(a) The relationship between the applicant and their partner must have broken down permanently as a result of domestic abuse; or

(b) The relationship between the applicant and their parent or parent’s partner must have broken down permanently as a result of domestic abuse.”.

APP VDA5.

For VDA 4.3, substitute:

“VDA 4.3. If the applicant is applying from outside the UK, they must:

(a) have been abandoned outside the UK; and

(b) before they were abandoned outside the UK, have been physically present in the UK.”.

Changes to Appendix Private Life

APP PL1.

After PL 1.3(b), insert:

“(ba) when the applicant is in the Family Returns Process (and the claim is submitted to a member of Home Office staff in the Family Returns Process); or”.