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On 3 September 2026, the Home Office published a new Statement of Changes to the Immigration Rules (HC 584), introducing a number of amendments across the UK immigration system. Most changes will take effect from 8 October 2026, with further changes coming into force in October, November and December.

The key developments include new protections for Skilled Workers who are victims of modern slavery, expanded provisions for victims of domestic abuse, changes to the EU Settlement Scheme and amendments supporting the UK’s return to the Erasmus+ programme.

Namecard for article - Angel Wan in English

Written by Angel Wan, Solicitor

 

Protection for Skilled Workers affected by modern slavery

From 8 October 2026, certain Skilled Workers recognised as victims of modern slavery will be permitted to work for any employer, including through self-employment or voluntary work.

This will apply where the worker has been referred to the National Referral Mechanism (nrm) and received a positive Conclusive Grounds decision during their current permission. Professional sportsperson and sports coach roles remain excluded.

The change aims to reduce the risk of immigration status being used by exploitative sponsors as a means of control. However, it does not itself provide a route to settlement, and affected individuals should consider their longer-term immigration position.

 

Expanded protection for victims of domestic abuse

The Appendix Victim of Domestic Abuse route is being extended to certain adult dependent children whose relationship with their parent or the parent’s partner has permanently broken down due to domestic abuse.

The change follows the Northern Ireland High Court judgment in JR337’s Application for Judicial Review [2026] NIKB 12 and provides an important additional protection for affected migrants.

 

Changes to the EU Settlement Scheme

The new Rules allow certain pre-settled status holders who no longer meet the usual eligibility requirements to retain their status where removing it would be disproportionate.

The Rules also reflect the Court of Appeal’s decision in Ayoola v Secretary of State for the Home Department [2025] EWCA Civ 1519, allowing certain children with pre-settled status to retain their status while completing their education in the UK, with corresponding provisions for their primary carers.

There are also changes to the deadline for certain joining family members and the way EUSS status is linked to new passports. The option to rely on an expired biometric residence permit as proof of identity will be removed from December 2026.

 

Fee waivers, variations and Family Returns

The Rules introduce important procedural changes concerning fee waivers and varied applications. Where an applicant submits a fee waiver request, the subsequent application must be for the same route. Applying under a different route may mean that the later application date applies for section 3C leave purposes.

Where an application is varied, the applicant must also complete biometric enrolment within the deadline applicable to the original application.

In addition, families within the Family Returns Process will be able to raise Article 8 family or private life claims without making a formal application, paying a fee or using a specified form.

 

Portrait of woman reuniting with her daughter in airport

 

Erasmus+ and other changes

The Immigration Rules are being amended to support the UK’s return to the Erasmus+ programme, allowing eligible participants to undertake activities including study placements, training, job shadowing and traineeships under the Visitor, Student, Child Student and Government Authorised Exchange routes.

The Hong Kong BN(O) route is also being amended so that eligible dependent children under 18 can qualify for settlement alongside a parent without completing the usual five-year residence period.

Other changes include extending the discretionary ground relating to applicants who have acted to frustrate immigration controls to in-country applications and increasing the Student route maintenance requirement from 30 November 2026.

 

Conclusion

The latest changes introduce both important protections and additional procedural requirements for migrants and sponsors. Given the frequency and complexity of changes to the Immigration Rules, it is important to establish which Rules apply to an individual’s circumstances and when.

Those affected should consider their immigration position carefully before making an application or taking action that could affect their status. Professional legal advice can help ensure that the correct route is pursued and that any available protections or opportunities are fully considered.

If you have any immigration-related enquiries, please contact us. We can assess your circumstances and advise on the most appropriate course of action.

 

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James Cook

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