09/09/2026
📆 Immigration Update September 2026:
Statement of Changes in Immigration Rules: HC 584, laid on 3 September 2026. Most changes take effect on 8 October 2026, with some later commencement dates.
Main changes
Suitability – breach of immigration laws: SU 11.4 is clarified so that previous conduct intended to frustrate immigration control, including failure to report for bail or absconding from bail/custody, can amount to a breach of immigration laws and lead to refusal.
Skilled Worker – victims of modern slavery: Skilled Workers formally identified by a Home Office Competent Authority as victims of modern slavery will be permitted to work for any employer for the remainder of their existing permission, rather than being restricted to their sponsored employment.
Family Returns Process – human rights claims: Families in the Family Returns Process will be able to raise Article 8/private or family life claims directly with the Home Office without a formal application, application fee or specified form.
Fee waiver and date of application: Paragraph 34G(4) is amended so that, following a fee-waiver decision, the subsequent application must be the same type of application specified in the fee-waiver request. This is intended to prevent applicants from using a human-rights fee waiver/application to obtain section 3C leave and later varying to a non-human-rights application.
Variation and biometrics: A new paragraph 34BB(2A) confirms that varying an application does not create a fresh biometric enrolment period. There is a single period within which biometrics must be enrolled.
Domestic Abuse route: Appendix VDA will be extended to cover adult dependent children whose relationship with their sponsor has broken down because of domestic abuse.
Erasmus+: Extensive amendments are made to the Visitor, Student, Child Student and Government Authorised Exchange routes to facilitate the UK rejoining Erasmus+ from 2027. This includes additional permitted visitor activities, short-term study in state-funded schools in qualifying circumstances, traineeships, job-shadowing and greater flexibility for Erasmus+ Student-route courses and work placements.
EUSS: There are several amendments, including:
changes affecting pre-settled status holders where removal of status would be disproportionate;
a revised three-month deadline for first-time joining family members, calculated from their latest lawful entry;
removal of the ability to rely on an expired BRP as proof of identity/nationality;
amendments following Ayoola [2025] EWCA Civ 1519 concerning children in education and their primary carers;
abolition of the EUSS travel permit route;
deletion of the now-closed EUSS administrative review provisions.
Hong Kong BN(O): Dependent children will no longer have to complete their own five-year continuous residence period before settlement where they can qualify to settle alongside their parents.
Minister of Religion: Changes include an exemption for members of religious orders from the predominantly pastoral-duties requirement, revised financial requirements, and removal of the maximum time limit on the route.
Temporary Work – Religious Worker: The advertising requirement is being replaced by an affiliation requirement, and the financial requirement is also being amended for certain unpaid religious workers and their dependants.
Visitor route: Visitors undertaking training will no longer need to show that the training is unavailable in their home country. Artists, entertainers and musicians will also expressly be permitted to attend rehearsals.
Student maintenance: Student maintenance requirements will increase for the 2026/27 academic year, together with the accommodation offset. The memorandum does not give the new monetary figures.
Long Residence: Appendix Long Residence is amended so that the rules concerning variation of permission-to-stay applications and failure to pay any required IHS are aligned with the existing rules for varied settlement applications.
Child Relative (Sponsor with Protection): A new eligibility requirement will permit refusal where the applicant is over 18, addressing a technical issue with the existing validity requirement for entry-clearance cases.
Commencement dates
The key dates are:
8 October 2026: most changes.
29 October 2026: T2 Minister of Religion and Temporary Work – Religious Worker changes.
30 November 2026: Student maintenance increase.
9 December 2026: EUSS change removing use of BRPs for identity/nationality evidence.
