Statement of Changes to the Immigration Rules: HC 1333 (14 October 2025)

Key document

A Statement of Changes (‘SoC’) to the Immigration Rules (HC 1333) was published on 14 October 2025 and can be read here, alongside its accompanying Explanatory Memorandum.

  1. Visa requirement imposed on Botswana, from 15:00 BST on Tuesday, 14 October 2025.

Once more, this is a departure from the convention that changes to the Immigration Rules should be laid in Parliament for at least 21 days before coming into effect.

Botswana has been added to the visa national list and removed from the ETA National List, preventing visa-free travel with an ETA. There is, however, a transition period for nationals or citizens of Botswana, who hold a confirmed booking to the UK made before 15:00 BST on 14 October 2025 where arrival in the UK is no later than 15:00 GMT on 25 November 2025.

  1. Following the recognition of Palestine, on 11 November 2025, Palestine will be added to the visa national list.

For applications made on or after 4 November 2025:

  1. The definition of the “Global Universities List” has been amended, to include the top 100 universities on at least two of the following ranking systems: Times Higher Education (THE) World University Rankings; Quacquarelli Symonds (QS) World University Rankings; The Academic Ranking of World Universities (ARWU).
  2. The High Potential Individual route is capped at 8,000 applications per year, running from 1 November to 31 October each year. The news story published on 14 October 2025 notes that: ‘[t]he number of people coming to the UK through the HPI route is expected to double from 2,000 to 4,000, giving graduates from the world’s best universities the chance to base their careers in the UK’. Study and research will also be permitted conditions for the High Potential Individual route, from 4 November 2025.

From 11 November, the following changes will also take effect:

Definition changes

  1. ““Permission to stay” has the same meaning as leave to remain under the Immigration Act 1971 (and includes a variation of leave to enter or remain and an extension of leave to enter or remain).

And references in these rules to a person having, having had or being granted “Permission” means either permission to enter or permission to stay and includes settlement.”.

  1. “UK Regulated Profession” has a new link: https://www.regulated-professions.service.gov.uk/

Travel for German school groups

  1. Changes will be made to Part 1 of the Rules, allowing German students aged 19 or under, studying at a school or educational institution in Germany confirmed by the relevant German municipal or competent authority, to enter the UK on a national identity card without an ETA or visa, if they are travelling as part of a school party of five or more pupils. A new paragraph 11D will also be added to Part 1 of the Rules for these purposes, requiring the relevant person to be listed in a completed “Germany-UK School Trip Information Form” which must be authenticated by the relevant German municipal or competent authority, and in the possession of the adult with responsibility for supervising the party’s travel.
  2. Further, a new paragraph ETA 1.10 and paragraph VN 8.0 will be inserted to Appendix Electronic Travel Authorisation (ETA) and Appendix Visitor: Visa national list, respectively, to permit these German students to enter the UK without advance permission, such as an ETA or visa, when they are travelling as part of a school party of five or more.
  3. The Explanatory Memorandum at paragraph 5.16 further clarifies that this change also ‘allows EU, EEA, and Swiss nationals aged 19 and under who are studying at the school to travel on a national identity card rather than passport. This change mirrors the similar arrangement the UK already has with France and was agreed in the context of the UK-Germany Treaty’.

Changes to the EU Settlement Scheme (EUSS)

  1. The amendments aim to clarify the drafting of the changes introduced on 16 July 2025 under the SoC (HC 836) published on 24 June 2025. These provisions allow individuals with Pre-Settled Status (PSS) to be granted Settled Status once they have been resident in the UK for at least 30 months within the most recent 60-month period.
  2. The update further aligns the grounds for curtailing or cancelling PSS on or prior to an individual’s arrival in the UK with those used for curtailing or cancelling PSS in-country, ‘where the Secretary of State or an Immigration Officer is satisfied that it is proportionate to cancel that leave where they cease to meet, or never met, the requirements of this Appendix’ through the introduction of paragraph A3.3 in Annex 3.

Changes to Part 9 of the Immigration Rules

  1. Part 9 of the Rules: grounds for refusal and cancellation will be deleted to make way for the insertion of a new, consolidated Part Suitability, which will apply to most routes under the Rules. It states at the outset:

“Part Suitability

Part Suitability applies to most routes under these Rules (see section 1).

If an applicant is refused under this Part, they will not meet the suitability requirements of the route on which they are applying.

A person may also have their entry clearance or permission cancelled under this Part. The Immigration Act 1971, section 76 of the Nationality, Immigration and Asylum Act 2002 (revocation of indefinite leave), the Immigration (Leave to Enter and Remain) Order 2000 and Schedule 2 of the Immigration Act 1971 provide the powers to cancel entry clearance and permission. This Part sets out how those powers are to be exercised.

Where a person has settlement and is in-country (not including at the UK border) their permission can only be cancelled on the grounds contained in section 76 of the Nationality, Immigration and Asylum Act 2002.

Decisions on suitability are either mandatory (must) or discretionary (may). Where a refusal under this Part would be incompatible with the UK obligations under the European Convention on Human Rights (ECHR) the route specific rules set out the approach to be taken.

Some routes have their own, or additional, suitability requirements.

This Part is in 5 sections.

  1. Application of this Part
  2. Grounds for refusal, or cancellation, of entry clearance or permission
  3. Additional grounds for refusal or entry, or cancellation of entry clearance or permission, on arrival in the UK
  4. Additional grounds for refusal, or cancellation of permission to stay
  5. Additional grounds for cancellation of entry clearance and permission

13. Paragraph 5.29 of the Explanatory Memorandum explains that:

‘A number of consequential changes have been made to other parts of the Immigration Rules to reflect the new structure. These include updates to paragraph references, removal of outdated terminology, and alignment of drafting with simplification principles.’

  1. It is noteworthy that paragraphs 39E and 39F on exceptions for overstayers will be deleted from Part 1 of the Rules, and instead be inserted in Part Suitability, under the ‘Exceptions for overstayers’ section (SUI 13.1-13.2).
  2. The new paragraph SUI 1.1. in Part Suitability clarifies that the new framework will apply to all routes under the Rules, except:

‘(a) Appendix EU; and
(b) Appendix EU (Family Permit); and
(c) Part 11 (Asylum), except Part Suitability does apply to paragraphs 352ZH to 352ZS, and 352I to 352X; and
(d) Appendix Service Providers from Switzerland; and
(e) Appendix Settlement Protection.’

  1. It is also clarified at SUI 1.3 that Part Suitability ‘also does not apply to Appendix Electronic Travel Authorisation’.
  2. Therefore, the family and private life routes, which have operated independently of Part 9 of the Rules with their own set of suitability criteria will be unified and contained within the new Part Suitability framework. This updated framework will extend to Appendix FM, Appendix Private Life, Appendix Adult Dependent Relative, and Appendix Settlement Family Life.
  3. For applications made on or after 11 November 2025, the exceptional circumstances in Appendix FM have also been updated to replace GEN 3.1(2) and GEN.3.2.(3). The new additions to Appendix FM (D-ECP.1.2A., D-LTRP.1.2A., D-ECC.1.1A and D-LTRC.1.1A) appear to provide for refusal of an application under Appendix FM even where exceptional circumstances apply, if a person does not meet SUI 2.1 (where there is an exclusion direction/order or deportation order), SUI 2.3 (where a person is an excluded person under section 8B(4) of the Immigration Act 1971), SUI 4.1 (where a person would be excluded from the Refugee Convention or from humanitarian protection), or SUI 5.1, where a person:

(a) has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more; or
(b) is a persistent offender who shows a particular disregard for the law; or
(c) has committed a criminal offence, or offences, which caused serious harm.

  1. We are concerned this may result in individual breaches of the right to private and family life, if leave is not granted outside of the Rules, specifically because the decision-maker would have found there are exceptional circumstances which would render refusal of entry clearance, or leave to enter or remain, a breach of Article 8 of the European Convention on Human Rights, because such refusal would result in unjustifiably harsh consequences, but would nevertheless be directed to refuse the application under Appendix FM.
  2. Notably in Appendix Private Life, Appendix Settlement Family Life, and Appendix Adult Dependent Relative the application of SUI 5.3 means that a person must have completed a qualifying period of 10 years continuous residence with relevant permission and 5 years of continuous residence with relevant permission since the end of their sentence, if they have a custodial sentence of less than 12 months or ‘they have received a non-custodial sentence, or received an out-of-court disposal that is recorded on their criminal record’.

Tier 1 (Entrepreneur) and Tier 1 (Investor)

  1. Given that Tier 1 (Entrepreneur) applications cannot be made for entry clearance or for extensions, since 6 July 2025, the Home Office has deleted paragraphs 245A, and 245DA-245DE from Part 6A of the Rules. Appendix B: English Language and Appendix C: maintenance (funds) Tier 1 (Entrepreneur) will also be deleted.
  2. Part Suitability is applied to the remaining rules for Entrepreneurs (those for ILR, with applications remaining open until 6 July 2027) and Investors (with applications for entry clearance and leave remain open until 17 February 2026 and ILR until 17 February 2028).
  3. Paragraph 245AAA (the general requirements for ILR in Part 6A) is also being deleted, as Tier 1 (Entrepreneur) and Tier 1 (Investor) will be added to the list of provisions to which Appendix Continuous Residence applies.

Changes to Appendix Ukraine Scheme

  1. Since the introduction of the Ukraine Permission Extension Scheme (UPE) on 4 February 2025, Ukrainian nationals and their eligible family members already in the UK with permission under the Ukraine Schemes, have been permitted to extend their temporary stay.
  2. Alongside minor drafting changes to the validity, nationality, and relationship requirements to clarify the current policy intention as reflected in the Rules, paragraph UKR 37.1 is being amended to allow a child’s permission to be aligned with a legal guardian as well as with their parent(s). Paragraph UKR 37.1(b)(ii) will also be revised to specify that the parent or legal guardian must be in the UK for this alignment to apply.
  3. The Explanatory Memorandum at paragraph 5.38 also notes that the residence requirement is being amended to ‘allow an application to be refused where a child born in the UK or Islands (Jersey, Guernsey, and the Isle of Man) to a Ukrainian national parent who holds, or is eligible for, Ukraine scheme permission, has been outside the UK or Islands since birth’. This is being done through the addition of UKR 33.1(c): ‘An application may be refused if the applicant has not been living in the UK and Islands since they: […] were born in the UK or Islands pursuant to UKR 31.1(d) to a Ukrainian national parent with permission under UKR 29.3(a).’

Changes to Appendix Graduate

  1. As part of its ‘Study Reforms’, the Government confirmed on page 74 of the Immigration White Paper (Restoring Control over the Immigration System) (IWP), published on 12 May 2025, its plan to shorten the permitted stay of non-PhD graduates under the Graduate route to 18 months. The revised 18 month period will apply to applications submitted on or after 1 January 2027, with the three year allowance for PhD holders remaining unchanged. Paragraph 5.25 of the Explanatory Memorandum briefly sets out the reasoning for this change:

‘The data shows that too many graduates allowed to stay in the UK following the successful completion of their studies are not moving into the graduate level roles which the Graduate route was created to facilitate access to. It is important that those who stay transition into graduate-level jobs and are properly contributing to the economy’.

  1. The period of grant for a Graduate contained in paragraph GR 8.1 of Appendix Graduate will be revised to reflect the same by way of addition of a third row covering ‘All other qualifications’.

Changes to Appendix Global Talent and Appendix Global Talent: Prestigious Prizes

  1. The Global Talent route is being amended through the introduction of new provisions for individuals applying in the field of architecture and expansion of the list of qualifying prizes to allow contributions and being a named member of a group, as well as individual work in GTE 4.3 and 4.4. The Explanatory Memorandum at paragraphs 5.41 and 5.42 notes that:

‘As agreed with Arts Council England and their sub-endorsing body, Royal Institute of British Architects (RIBA), we are expanding some requirements to allow individuals within the architectural field to provide evidence of their achievements as a named member of a group or contributor, as well for their work as an individual. Additionally, we are allowing applicants to provide evidence of significantly contributing to being shortlisted or nominated for an international architectural award to qualify. Both of these changes more closely align the criteria for architects with other sections of the arts and culture requirements.

…

Applicants who hold a qualifying prize can qualify without the need to obtain an endorsement from one of the Global Talent endorsing bodies[.] Our expert bodies consider the prizes listed demonstrate irrefutable evidence of prize holders being at the pinnacle of their profession. To be eligible, prizes must be given to named individuals, and therefore the list does not include prestigious awards for specific works, such as an award-winning film, or to whole organisations. Prizes included must also be open to all nationalities and winners must be determined by experts or peers, rather than a public vote.’

  1. As such, a total of 27 new prizes have been added to the approved lists contained in Table 5: Digital technology prizes, and Table 6: Science, engineering, humanities, social science and medicine prizes, of Appendix Global Talent: Prestigious Prizes. The ‘Tony Award – Best Play Author’ prize has also been removed from Table 1: Arts and culture prizes. The news story also notes that ‘Further changes, including to the Global Talent route, will be made in 2026.’

For the following changes, any application for entry clearance, an ETA, permission to enter or stay, or an administrative review submitted before 11 November 2025 will be considered under the Rules in effect on 10 November 2025:

Guardian Definition Changes

  1. A new “Guardianship organisation” definition will be inserted into paragraph 6.2 (b) of the Rules: ““Guardianship organisation” in Appendix Child Student means an organisation, with the approval of the Child Student’s parent, legal guardian or school, that arranges a nominated guardian for a Child Student.”.
  2. The definition of “Nominated guardian” will also be revised to confirm that “Nominated guardian” in Appendix Child Student is a person aged 18 or over who is appointed by a guardianship organisation or the Child Student’s parent, legal guardian, or school as a Child Student’s carer in the UK for less than 28 continuous days and/or is the school’s emergency contact for the Child Student. The revised definition further sets out the person must not be private foster carer (for the purposes of section 66 of the Children’s Act 1989); a close relative; the Child Student’s parent or legal guardian who has permission as a Parent of a Child Student; or, where the Child Student is full, weekly, or flexi boarding, a member of staff at their sponsoring school.

Changes to Appendix Statelessness

  1. From 11 November 2025, amendments to Appendix Statelessness will allow the partners and children of stateless persons to apply for entry clearance or permission to stay under this route, provided they were already part of the family unit before the stateless person was granted permission to stay in the UK. Dependents applying using this route will still need to satisfy the relevant partner or child requirements.
  2. Where a partner or child was not stateless themselves and became part of the family unit after the stateless person received their permission to stay in the UK, they will instead be eligible to apply under the family route contained in Appendix FM of the Rules.
  3. Paragraph 417 of Part 14 of the Rules will be substituted to reflect this change:

‘417. Applications made on or before 10 November 2025 for permission as a partner or child of a stateless person will be decided under the Part 14 rules in force at that time. Applications on or after 11 November 2025 will be decided under Appendix Statelessness rules, if the applicant meets its requirements. If not, the applicant must apply for permission under Appendix FM.’

  1. Further, minor consequential changes will be made to Appendix FM, Appendix Children, and Appendix Relationship with Partner, to reflect this change. The Explanatory Memorandum at paragraph 5.18 notes that:

‘The existing provision in Appendix FM has been amended to reflect this change. Those applying under Appendix FM will need to pay the application fee, or be granted a fee waiver, as well as meet the relevant partner or child requirements.’

  1. Paragraph 418 of Part 14 will be deleted.

Changes to Appendix Student

  1. Revisions will be made to the ‘Financial requirement for a Student’ section contained in Appendix Student. In paragraph ST 12.3(a) in relation to those studying in London, the funds required for non-Residential Independent Schools will increase from £1483 to £1529. The same reference to the new figure will be made in paragraph ST 12.4. In paragraph ST 12.3(b), in relation to those studying outside London, the funds required non-Residential Independent Schools will increase from £1136 to £1171.

Changes to Appendix Child Student

  1. A new paragraph CS 9.4A will be added to Appendix Child Student to clarify the information that guardianship organisations must provide, by way of a letter of undertaking, when a Child Student applicant does not have the details of their nominated guardian in the UK (arranged by the guardianship organisation) at the time of their application. A further new paragraph CS 9.3A specifies that, in this situation, the named contact from the guardianship organisation must either be British or Settled in the UK.
  2. The Explanatory Memorandum further states at paragraph 5.55 that ‘paragraph CS9.4(g) has been amended to explain details that we require to be listed on the letter of undertaking relating to adults that regularly live with a nominated guardian’.
  3. Paragraph 5.53 of the Explanatory Memorandum further explains that:

‘Certain requirements are applied to ensure children have safe living arrangements. The ‘living arrangement requirement’ has been amended to clarify the permitted living arrangements on the route, including that as a boarding student you are able to stay with a parent who has permission as a Parent of a Child Student, if the Child Student is over 12 years of age and the parent is caring for their younger sibling who holds permission as a Child Student. The different types of boarding arrangements (flexi, weekly, and full boarding) have now been amalgamated under a single boarding category for simplicity when reading the rules and to formalise a concessionary arrangement permitting flexi and weekly boarders to be in the care of a nominated guardian when they are not staying at school.’

  1. Paragraph CS 9A.1 and the table in paragraph CS 10.2 regarding the living arrangement requirement for Child Student will be revised to ensure safe and suitable living conditions. For the 2025/2026 academic year, the maintenance requirement is being increased to reflect the updated home student maintenance loan amounts. Going forward, the Explanatory Memorandum explains that the required level of funds will continue to be adjusted annually to remain in line with domestic loan rates.

Changes to Appendix Sports Governing Bodies

  1. Kendo and Wheelchair Rugby (England, Scotland, Wales), governed by the British Kendo Association and the Great Britain Wheelchair Rugby, respectively, will be added to the list of Home Office approved Sports Governing Bodies for International Sportsperson applications.

Changes to Appendix Government Authorised Exchange schemes

  1. Changes will also be made to Appendix Government Authorised Exchange schemes, updating the names “BUNAC Blue Card Internships – ‘Intern in Britain’” to “BUNAC – Intern UK” and “Law Society GAE scheme for migrant lawyers” to “The Law Society GAE Scheme”, following requests from the relevant endorsing bodies. “Khebrat Leadership for Change Programme” scheme endorsed by the Department of Education will be deleted as the scheme is no longer in use.

For the following changes, any application for entry clearance or permission to stay which has been made using a Certificate of Sponsorship issued by a sponsor to an individual before 11 November 2025, will be decided in accordance with the Rules in effect on 10 November 2025:

  1. The second paragraph below the Appendix Temporary Work – Seasonal Worker title and paragraph SAW 7.1(a)(i) will be revised to limit seasonal workers to a maximum of six months’ employment in the UK within any rolling 10-month period, replacing the previous 12-month reference period. A new paragraph will also be inserted confirming that:

“SAW3.2. An applicant applying for entry clearance must not have been in the UK as a Seasonal Worker during the 4 months immediately before the date of application.”.

From 25 November 2025:

  1. An adjustment will be made to paragraph ST 26.8 of Appendix Student, allowing students who have completed their studies and are transitioning to the Innovator Founder route to engage in self-employment, such as setting up their own business. The Explanatory Memorandum states at paragraph 5.26 that this change ‘replaces a similar provision that previously applied to those switching into the Start-up route, which is now closed to new applications’.

For the following changes, any application for entry clearance, an ETA, permission to enter or stay in the UK, or an administrative review submitted before 8 January 2026 will be considered under the Rules that were in effect on 7 January 2026:

Changes to English language requirements for economic migration routes

  1. As set out in the IWP, the English language proficiency threshold for the Skilled Worker, High Potential Individual, and Scale-up routes will be raised from Level B1 (intermediate level) to Level B2 (upper intermediate level), as defined by the Common European Framework of Reference for Languages (CEFR). Paragraph 5.22 of the Explanatory Memorandum confirms that ‘[t]he new requirements will apply to those seeking an initial grant of leave in a relevant route following the implementation of these provisions on 8 January 2026’.
  2. Individuals who already hold permission under these routes, where B1 level was previously required, will continue to be assessed at B1 level when applying for an extension within the same route.
  3. These changes will be reflected in the tables contained in paragraph SW4.1 of Appendix Skilled Worker, paragraph HPI 4.1 of Appendix High Potential Individual, and paragraph SCU 4.3 of Appendix Scale-up. Cross-reference to the new Level B2 requirement will also be made in paragraphs SW 7.1 of Appendix Skilled Worker, HPI 6.1 of Appendix High Potential Individual, and SCU 9.1 of Appendix Scale-up, respectively.

Other changes

  1. Minor changes will also be made to align drafting across the Rules for the purposes of clarity and consistency. Other minor changes relate to drafting corrections made to paragraph references and technical clarifications and amendments relating to occupation tables in the Statement of Changes laid on 1 July 2025 (HC 997). For example, in Table 3a of Appendix Skilled Occupations, in the row containing “6131 Nursing auxiliaries and assistants”, it will now state “For Skilled Worker purposes, SOC 2020 occupation code 6131 only applies to roles in environments where registered nurse or other registered healthcare professional roles also exist”.
  2. Although not set out in the Statement of Changes (HC 1333), the Home Office has also independently confirmed that the Immigration Skills Charge (ISC) will increase by 32% from 16 December 2025. Further information on the increase will be provided in due course and we will keep members updated accordingly.
Document Date
Thursday October 16, 2025