Explanatory memorandum to the statement of changes in immigration rules HC1496
Student route changes (dependants and switching)
6.5 The changes relating to the Student route, and consequential changes to work routes in this statement, will come into effect at 1500 on 17 July 2023, and therefore depart from the usual convention that changes to the Immigration Rules come into force no earlier than 21 days after their being laid in Parliament.
6.6 The Government considers this departure from that convention to be necessary and proportionate. The changes were announced in Parliament and widely reported on 23 May 2023 and there has therefore already been sufficient notice that the changes are taking place. Furthermore, the Government wishes to reduce the possibility of a large number of applications for dependants and switching being made in the 21 days usually available between Immigration Rules changes being laid and coming into force. The changes in relation to dependants will only apply to those students starting courses from 1 January 2024, so there will be no effect on those students making applications relating to courses starting in autumn 2023.
6.7 The other changes will be implemented on various dates from 7 August 2023 as detailed in the implementation section of the accompanying Statement of Changes.
….
Changes to the Student route and consequential changes to work routes
7.10 The following changes are being made to the student route in response to the
Government’s commitment to reduce net migration:
• Removing the right for international students to bring dependants unless they are on postgraduate courses currently designated as research programmes; and
• Removing the ability for international students to switch out of the student route into work routes before their studies have been completed.
7.11 These changes preserve the ability for dependants already in the UK to extend their stay, and for international students on taught postgraduate courses beginning before 1 January 2024 to bring dependants. They also preserve existing exemptions for dependants of government-sponsored students and for dependent children who are born in the UK.
7.12 The switching restrictions will ensure that students are generally not switching in- country to another route until they have completed their courses. Students on courses at degree level or above will be able to apply before course completion to switch to sponsored work routes, as long as their employment start date is not before their course completion. Those studying towards PhDs will be able to switch after 24 months’ study.
SW 1.5A.An applicant who is applying for permission to stay and has, or last had, permission as a Student, must fulfil one of the Conditions A, B or C below on the date of application:
- (a) Condition A: the applicant must have completed the course of study for which the Confirmation of Acceptance for Studies was assigned (or a course to which ST 27.3 of Appendix Student applies); or
- (b) Condition B:
- (i) the applicant must be studying a full-time course of study at degree level or above with a higher education provider which has a track record of compliance; and
- (ii) the Certificate of Sponsorship in SW 1.2(d) must have a start date no earlier than the course completion date; or
- (c) Condition C:
- (i) the applicant must be studying a full-time course of study leading to the award of a PhD with a higher education provider which has a track record of compliance; and
- (ii) the Certificate of Sponsorship in SW 1.2(d) must have a start date no earlier than 24 months after the start date of that course.
SW 26.4A. An applicant who is applying for permission to stay and has, or last had, permission as a Student, must fulfil one of the Conditions A or B below on the date of application:
- (a) Condition A: the applicant must have completed the course of study for which the Confirmation of Acceptance for Studies was assigned (or a course to which ST 27.3 of Appendix Student applies); or
- (b) Condition B: the applicant must:
- (i) be studying a full-time course of study leading to the award of a PhD with a higher education provider which has a track record of compliance; and
- (ii) have completed at least 24 months of study on that course.
There appears to be an inconsistency between and SW 1.5A. and SW 26.4A?
I think these rules are also
muddled between validity and eligibility requirements. If some category-specific rules in the validity requirements sections, then are they there for a purpose of denying applicants a right of
Administrative review and
Section 3C cover?
SW 26.4A. is in the dependants’ validity requirements section. I guess its purpose is to also restrict a student’s dependants from switching to the skilled worker route?
However, if the applicant is a dependant, then the applicant does not have permission as a student. So, this rule, as it stands, doesn’t actually apply to dependants, as the applicant is not a student?
