By Mr JP Breytenbach
Director | Breytenbachs Immigration Consultants
On 3 September 2026, the Home Office laid Statement of Changes HC 584 before Parliament. A Statement of Changes is the formal way the Immigration Rules are amended. This one is modest in scale and contains no earned settlement reforms. But several technical changes will matter to individual applicants, sponsors and families.
When the changes take effect
| Date | What takes effect |
|---|---|
| 8 October 2026 | Most changes, including visitors, Skilled Worker modern slavery protections, fee waiver and variation rules, suitability, domestic abuse settlement, most EU Settlement Scheme changes, Hong Kong BN(O) children |
| 29 October 2026 | Minister of Religion and Temporary Work – Religious Worker changes |
| 30 November 2026 | Increase to Student and Child Student maintenance funds |
| 9 December 2026 | End of the option to use an expired biometric residence permit as identity evidence under the EU Settlement Scheme |
HC 584 contains transitional provisions for some changes, under which applications made before the relevant date are decided under the old rules. Applications made before 8 October under the visitor, student, family and private life rules, and those affected by the fee waiver and suitability changes, are decided under the rules as they stood.
The EU Settlement Scheme, Long Residence, Hong Kong BN(O), Skilled Worker modern slavery and domestic abuse changes have no such provision and apply to every decision made from 8 October, whenever the application was submitted; most of these widen rather than narrow eligibility.
If an application is close to one of these dates, the specific provision should be checked.
Visitors
From 8 October, visitors undertaking permitted training in the UK will no longer need to show that the training is unavailable in their home country. Artists, entertainers and musicians may attend rehearsals, and entertainment staff may assist with permitted performance activities. All visitors may take part in workshops, debates and skills competitions, subject to the eligibility rules.
There is also a new set of permitted activities reserved for participants in Erasmus+, which the UK is rejoining from 2027. These include short traineeships of up to 30 days, job shadowing and, for eligible participants, study placements of up to six months at state funded schools.
The core visitor test does not change. You must still show that you are a genuine visitor who will leave at the end of your stay.
Skilled Workers and sponsors
Normally, a Skilled Worker may only work in the job they were sponsored to do. From 8 October, a Skilled Worker who receives a positive conclusive grounds decision during their current permission, confirming that they are a victim of modern slavery, may have their conditions varied so they can work for any employer for the rest of their current permission.
The Government says the aim is to encourage victims to come forward and to stop exploitative employers using sponsorship as leverage.
For sponsors, the change is a reminder that the Home Office is focusing on the treatment of sponsored workers, not only on paperwork.
Fee waivers, varied applications and section 3C leave
Section 3C of the Immigration Act 1971 extends a person’s permission while an in time application is decided. The Home Office says some applicants have misused this by making a human rights application with a fee waiver request, then switching to a different type of application.
From 8 October:
- The application made after a fee waiver decision must be the application named in the fee waiver request; and
- Varying an application does not restart the time allowed to enrol biometrics. There is a single enrolment period.
If you are in the UK on section 3C leave, or are considering a fee waiver, take advice before varying any application.
Suitability: previous breaches of bail
From 8 October the suitability rules will treat a person who previously failed to report while on immigration bail, or who absconded from bail or custody, as having breached immigration laws, so that an application can be refused on that basis. Applications made before 8 October are decided under the old wording.
Families and domestic abuse
The settlement route for victims of domestic abuse (Appendix Victim of Domestic Abuse) currently covers partners and their children. From 8 October, it will also cover adult dependent children whose relationship with their sponsor has broken down because of domestic abuse. The change follows a Northern Ireland High Court decision.
Students
From 30 November, the maintenance funds students must show will rise, in line with the maintenance loans available to home students for 2026/27. The monthly living costs figure rises from £1,529 to £1,570 in London and from £1,171 to £1,203 elsewhere, and the maximum accommodation payment that can be offset rises to £1,570. Anyone applying close to this date should check which figure applies.
Religious workers (from 29 October)
For the Minister of Religion route, members of religious orders are exempted from the rule that their role must not involve mainly non pastoral duties, the upper limit on time in the route is removed, and the financial requirement is assessed differently where the worker is exempt from the National Minimum Wage.
On the Temporary Work – Religious Worker route, the requirement to advertise the role is replaced by a requirement to show affiliation with the sponsoring organisation.
EU Settlement Scheme and Hong Kong BN(O)
For the EU Settlement Scheme, the main changes are:
- Some pre-settled status holders who no longer meet the requirements may keep their status where removing it would be disproportionate;
- Joining family members will generally have three months from their latest lawful entry to apply;
- The travel permit route closes, replaced by the Update My Details service;
- Children with pre-settled status whose EU citizen parent was formerly a worker or self employed in the UK may keep their status, with their primary carer, so that they can complete their education here; and
- From 9 December, an expired biometric residence permit can no longer be used as identity evidence.
On the Hong Kong BN(O) route, dependent children will no longer need their own five years’ continuous residence to settle alongside their parents, where the parents meet the settlement requirements.
Long Residence
Where an application for permission to stay on the ten year Long Residence route does not meet the Long Residence requirements but may succeed under the family life or private life rules, the Home Office will from 8 October vary it to that route, as it already does for settlement applications.
No further fee is charged, but the Immigration Health Surcharge must be paid or a waiver requested, or the varied application is rejected as invalid. This applies to applications decided from 8 October, whenever they were made.
A more predictable timetable
Separately, the House of Lords Secondary Legislation Scrutiny Committee reported on 17 September that the Home Office intends to move to four scheduled sets of rule changes a year, one per season, rather than frequent ad hoc changes. That should make planning easier.
The report followed a drafting error in the March 2026 Statement of Changes (HC 1691), which deleted the Transit Without Visa provisions by mistake; the Home Office reinstated them through a published concession outside the Rules, a device the committee criticised.
If you have an application planned for October to December, or you sponsor workers, students or religious workers, we can confirm which version of the rules will apply to you and whether any change affects your case.
Contact your usual BIC adviser or email
info@bic-immigration.com.
Check How the Changes Affect You
Author and Editorial Oversight
Author
Mr JP Breytenbach
UK Solicitor | Director, Breytenbachs Immigration Consultants
Mr JP Breytenbach is a UK-admitted solicitor with extensive experience in British nationality and immigration law. He advises multinational employers, high-net-worth individuals and internationally mobile professionals on complex UK immigration matters, including sponsor compliance, settlement pathways and British citizenship applications under the British Nationality Act 1981.
Editorial Oversight
Hannes Breytenbach
Founder | Breytenbachs Immigration Consultants | Attorney of the High Court of South Africa
Hannes Breytenbach is the founder of Breytenbachs Immigration Consultants and an attorney of the High Court of South Africa. Over several decades, he has developed an international immigration advisory practice assisting individuals, families and multinational organisations with complex cross-border immigration strategy and long-term immigration planning.
Disclaimer
This article is provided for general information only and does not constitute legal advice. Immigration law changes frequently and individual circumstances vary. Specific advice should be sought before taking action.
