New statement of changes to the Immigration Rules: HC 617 Part 2

Changes to the visitor rules to provide further clarity on the activities students can undertake in the UK and when employees of overseas manufacturers or suppliers can come to the UK as visitors

The visitor rules are being updated to incorporate a concession in the Visit guidance, which allows students to come to the UK to undertake activities relating to a course they are undertaking at a UK institution from overseas via distance learning.

The changes will also allow students studying nursing overseas at the equivalent of degree level to come to the UK as a visitor to undertake electives with a UK higher education provider, provided these are unpaid and involve no treatment of patients. This will bring nursing students in line with medical, veterinary medicine and science, and dentistry students, who can already undertake these activities on the visitor route.

The changes will also make clear that research students who have been accepted by a UK higher education provider to undertake research or research tuition as part of a course of study they are undertaking overseas can do so at a UK research institute, provided a formal partnership exists between the higher education provider and the research institute. This will bring the provisions for visitors undertaking research in line with the provisions of the student routes and provide greater clarity for applicants.

The changes will provide further clarity on when employees of overseas manufacturers or suppliers can come to the UK as visitors, in order to install, maintain, service or advise on equipment, software or hardware.

Changes to the eligibility requirements for the Hong Kong British National (Overseas) route

Following a concession made outside the Rules to allow the partner and, if applicable, child under 18 of a BN(O) status holder to join the BN(O) status holder following a grant on the BN(O) route, this concession has now been incorporated into Appendix Hong Kong British National (Overseas).

Provision has been made within the Rules for parents of a child born in the UK to a BN(O) status holder or their partner, or a BN(O) household member or their partner, to regularise that child’s stay on the BN(O) route.

Corrections and technical amendments to the Skilled Worker route

The Skilled Worker route is for applicants with a specific job offer from an approved sponsoring employer. The following changes are being made to this route:

• a correction is being made to make clear that a sponsor must be A-rated to certify the finance requirement, as set out in Part 2 of the Sponsor Guidance6 , and

• a further correction is being made to confirm the minimum hourly rate of £10.10 (introduced on 6 April 2021 by HC 1248) that applies to applications for settlement as well as for entry clearance and permission to stay.

Changes to eligibility requirements for settlement for Representatives of an Overseas Business

The Rules for Representatives of an Overseas Business are being amended to correct drafting errors made when the Rules were simplified in the changes in HC 813 (22 October 2020).

The change will amend the eligibility requirements for settlement in the route by requiring applicants to show they have continued to meet the requirements of the route throughout the five year period leading up to their settlement application. The change will also remove the requirement for settlement applicants to be paid the appropriate salary, since there are no specified salary requirements within the route.

These changes will have the effect of reinstating the settlement requirements in place prior to the 22 October 2020 rules changes, but in the new simplified format