Statement of Changes to Immigration Rules: what you need to know

A Statement of Changes was published on 3 September 2026 accompanied by an explanatory memorandum and a ministerial statement.

There are important changes covering amongst other matters, skilled workers, the suitability rules and some changes to the EU Settlement Scheme. Most of the changes came into force on 8 October 2026.

Changes to Part Suitability: clarification regarding breach of immigration laws

A new section is added to Part Suitability in the Immigration Rules. An applicant will be regarded as having been in breach of the Immigration Rules if they have previously acted to frustrate immigration controls. This ground of refusal only previously applied to those applying for UK entry clearance but is now being extended to those applying for leave to remain in the UK as well. The explanatory memorandum makes it clear that it is intended to cover applicants in the UK who have previously failed to report for bail or absconded from bail or custody who can now be refused on that basis.

Changes to appendix Skilled Worker to support victims of modern slavery

Those on the Skilled Worker route cannot normally take other work if they are not working in the job, they were originally sponsored to do. The changes will lift that restriction for those in the Skilled Worker route who have been identified by the Home Office Competent Authorities as victims of modern slavery, allowing them to work for any employer for the remaining duration of their existing immigration permission.

The explanatory memorandum states that the change is to encourage victims to come forward early and guards against those who seek to weaponise the sponsorship system in order to exploit vulnerable workers.

Fee waiver requests

This change clarifies how the date of application is calculated following a fee waiver request and also confirms that the subsequent application following the fee waiver decision must be the application specified in the fee waiver request. When a fee waiver application has been made, the date of the subsequent immigration application will only be the date of the fee waiver request if the immigration application is the human rights application connected to the fee waiver request. The explanatory memorandum states that this is to combat abuse of the fee waiver process by applicants who are seeking to extend their permission under section 3C of the Immigration Act 1971 by making a human rights act application but then varying it to a non-human rights application afterwards.

Variation applications and biometric enrolment

This amendment confirms that where an application is varied by the applicant, the applicant must enrol their biometrics within the period set for the original application. This confirms existing policy (currently not in the Immigration Rules but part of the Immigration (Biometric Registration) Regulations 2008). The explanatory memorandum makes it clear that this is to combat abuse by applicants making a human rights application, but who do not enrol biometrics and then vary the application multiple times but often do not enrol for these either.

Changes to facilitate the UK rejoining the Erasmus+ programme

In May 2025, the UK agreed to rejoin the Erasmus+ programme, which is the EU’s main programme for education, training, youth and sport activities. The UK will rejoin on 1 January 2027.

Changes have been made to the Visitor Rules to permit visitors to study at UK state funded schools and academies where they are participating in an Erasmus+ project. This will permit state funded schools and academies to host Erasmus+ participants on short-term study placements of up to six months.

The range of activities permitted under the Visitor route has been expanded to facilitate participation in Erasmus+. All visitors will now be able to partake in workshops, debates and attend skills competitions provided that they meet the relevant eligibility requirements outlined in Appendix V: Visitor.

A new section entitled “Erasmus+ Activities” has been added to the Permitted Activities in Appendix Visitor setting out a new permitted activities section reserved only for Erasmus+ participants, providing they meet the eligibility requirements set out in Appendix V: Visitor. They can now do the following additional activities:

1. Provide or receive training at a UK-based organisation or educational institution.
2. Take part in courses at a UK-based organisation or educational institution.
3. Undertake a traineeship for up to 30 days at a UK-based organisation or education institution.
4. Undertake practical learning in the form of job shadowing at a UK-based organisation (including sports organisations or educational institution.
5. Partake in coaching or training assignments at UK-based sports organisations.

To facilitate participation in Erasmus+ by international students coming to the UK the changes enable students undertaking programmes as part of Erasmus+ to meet the requirements of the Student and Child Student routes where they would otherwise fall outside the existing rules.

Student and Child routes are amended so that Erasmus+ participants can study at RQF level 2 and above without needing to work towards an approved qualification. Under the current rules, study at a state funded school or academy is only permitted in limited circumstances on the Student or Child Student routes. This change extends eligibility to allow study at a state-funded school or academy where the institution holds a sponsor licence and is sponsoring the Student or Child Student to undertake a programme as part of Erasmus+.

A new route will also open under the Government Authorised Exchange Scheme for supernumerary work placements and internships linked to Erasmus+.

EU Settlement Scheme (EUSS)

Pre-Settled Status granted may be removed where the holder no longer meets the eligibility requirements of the EUSS and it is proportionate to remove their pre- settled status on that basis. Changes will enable some pre-settled status holders who no longer meet the requirements of the EUSS for example due to a sudden change in family circumstances, but where it is not proportionate to remove their Pre-Settled Status, to remain in the scope of the EUSS and to qualify for Settled Status in due course.

The deadline for first-time joining family member applicants to apply to the EUSS will be amended to three months from their latest entry to the UK since the end of the transition period on 31 December 2020, to better reflect the Withdrawal Agreement. To prevent abuse, an applicant whose previous EUSS application was rejected or refused after entering the UK without an EUSS family permit (which enables relevant requirements to be checked before travel) will need to show reasonable grounds for applying for more than three months after that previous entry or re-enter the UK with an EUSS family permit to trigger the three-month deadline.

The option to prove identity using an expired biometric residence permit is removed since all such permits expired at the end of 2024. This change takes effect on 9 December 2026.

Changes to Visitor Rules: Permitted Activities

Visitors to the UK will no longer need to demonstrate that the training they wish to undertake is unavailable in their home country. Artists, entertainers and musicians will be permitted to attend rehearsals under the Visitor route. The definition of Entertainment staff has been clarified as including personal or technical staff or members of the production team of an artist, entertainer or musician who are attending the same event as the artist, entertainer or musician and are employed to work for them outside the UK.

Changes to the Hong Kong British National (Overseas) BN (O) Route

The change removes the requirement for dependent children on the Hong Kong BN (O) route to complete a five-year continuous residence period before qualifying for settlement. This will enable eligible dependent children to settle alongside their parents, where their parents meet the settlement requirements, and where they would otherwise be prevented from doing so by the continuous residence requirement. This aligns the BN (O) route with the established approach to settlement under other immigration routes.

UPDATE: For more details of recent Right to Work reforms see our article here.