STATEMENT OF CHANGES IN IMMIGRATION RULES
STATEMENT OFCHANGES INIMMIGRATION RULESPresented to Parliament pursuant to section 3(2) ofthe Immigration Act 1971Ordered by the House of Commons to be printed10 September 2020(This document is accompanied by an Explanatory Memorandum)HC 707
STATEMENT OFCHANGES INIMMIGRATION RULESPresented to Parliament pursuant to section 3(2) ofthe Immigration Act 1971Ordered by the House of Commons to be printed10 September 2020(This document is accompanied by an Explanatory Memorandum)HC 707
Crown copyright 2020This publication is licensed under the terms of the Open Government Licence v3.0 exceptwhere otherwise stated. To view this licence, visit /version/3Where we have identified any third party copyright information you will need to obtainpermission from the copyright holders concerned.Queries should be directed to the Home Office as per the ‘Contact UKVI’ section on the visas andimmigration pages of the GOV.UK website at s-and-immigration.Specific written queries relating to this Statement of Changes should be directed toStatementofChanges@homeoffice.gov.uk. Please note that this mailbox is only for Parliamentary useand specific technical queries regarding the drafting of this Statement of Changes. It is not a contactpoint for general enquiries. Queries to this e-mail address from outside Parliament about otherimmigration issues, including how these changes affect applications, will not receive a response.A copy of this Statement of Changes can be found at www.gov.uk/official-documentsand also on the visas and immigration pages of the GOV.UK website les-statement-of-changesISBN 978-1-5286-2135-9CCS0920158512 09/20Printed on paper containing 75% recycled fibre content minimumPrinted in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Office
STATEMENT OF CHANGES IN IMMIGRATION RULES1The Home Secretary has made the changes hereinafter stated in the rules laid down bythem as to the practice to be followed in the administration of the Immigration Actsfor regulating entry into and the stay of persons in the United Kingdom and containedin the statement laid before Parliament on 23 May 1994 (HC 395) as amended. Theamending statements were laid before, or presented to, Parliament on 20 September1994 (Cm 2663), 26 October 1995 (HC 797), 4 January 1996 (Cm 3073), 7 March1996 (HC 274), 2 April 1996 (HC329), 29 August 1996 (Cm 3365), 31 October 1996(HC 31), 27 February 1997 (HC 338), 29 May 1997 (Cm 3669), 5 June 1997 (HC 26),30 July 1997 (HC 161), 11 May 1998 (Cm 3953), 7 October 1998 (Cm 4065), 18November 1999 (HC 22), 28 July 2000 (HC 704), 20 September 2000 (Cm 4851), 28August 2001 (Cm 5253), 16 April 2002 (HC 735), 27 August 2002 (Cm 5597), 7November 2002 (HC 1301), 26 November 2002 (HC 104), 8 January 2003 (HC 180),10 February 2003 (HC 389), 31 March 2003 (HC 538), 30 May 2003 (Cm 5829), 24August 2003 (Cm 5949), 12 November 2003 (HC 1224), 17 December 2003 (HC 95),12 January 2004 (HC 176), 26 February 2004 (HC 370), 31 March 2004 (HC 464), 29April 2004 (HC523), 3 August 2004 (Cm 6297), 24 September 2004 (Cm 6339), 18October 2004 (HC 1112), 20 December 2004 (HC 164), 11 January 2005 (HC 194), 7February 2005 (HC 302), 22 February 2005 (HC 346), 24 March 2005 (HC 486), 15June 2005 (HC 104), 12 July 2005 (HC 299), 24 October 2005 (HC 582), 9 November2005 (HC 645), 21 November 2005 (HC 697), 19 December 2005 (HC 769), 23January 2006 (HC 819), 1 March 2006 (HC 949), 30 March 2006 (HC 1016), 20 April2006 (HC 1053), 19 July 2006 (HC 1337), 18 September 2006 (Cm 6918), 7November 2006 (HC 1702), 11 December 2006 (HC 130), 19 March 2007 (HC 398),3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008(HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009(HC 314), 24 April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009(Cm 7711), 10 December 2009 (HC 120), 10 February 2010 (HC 367), 18 March2010 (HC 439), 28 June 2010 (HC 59), 15 July 2010 (HC 96), 22 July 2010 (HC382), 19 August 2010 (Cm 7929), 1 October 2010 (Cm 7944), 21 December 2010(HC 698), 16 March 2011 (HC 863), 31 March 2011 (HC 908), 13 June 2011 (HC1148), 19 July 2011 (HC 1436), 10 October 2011 (HC 1511), 7 November 2011 (HC1622), 8 December 2011 (HC 1693), 20 December 2011 (HC 1719), 19 January 2012(HC 1733), 15 March 2012 (HC 1888), 4 April 2012 (Cm 8337), 13 June 2012 (HC194), 9 July 2012 (HC 514), 19 July 2012 (Cm 8423), 5 September 2012 (HC 565),22 November 2012 (HC 760), 12 December 2012 (HC 820), 20 December 2012 (HC847), 30 January 2013 (HC 943), 7 February 2013 (HC 967), 11 March 2013 (HC1038), 14 March 2013 (HC 1039), 9 April 2013 (Cm 8599), 10 June 2013 (HC 244),31 July 2013 (Cm 8690), 6 September 2013 (HC 628), 9 October 2013 (HC 686), 8November 2013 (HC 803), 9 December 2013 (HC 887), 10 December 2013 (HC 901),18 December 2013 (HC 938), 10 March 2014 (HC 1130), 13 March 2014 (HC 1138),1 April 2014 (HC 1201), 10 June 2014 (HC 198), 10 July 2014 (HC 532), 16 October2014 (HC 693), 26 February 2015 (HC 1025), 16 March 2015 (HC1116), 13 July1This Statement of Changes can be viewed ation-rules-statement-of-changes
2015 (HC 297), 17 September 2015 (HC 437), 29 October 2015 (HC535), 11 March2016 (HC 877), 3 November 2016 (HC 667), 16 March 2017 (HC 1078), 20 July2017 (HC 290), 7 December 2017 (HC 309), 15 March 2018 (HC 895), 15 June 2018(HC 1154), 20 July 2018 (Cm 9675), 11 October 2018 (HC 1534), 11 December2018 (HC 1779), 20 December 2018 (HC 1849), 7 March 2019 (HC 1919), 1 April2019 (HC 2099), 9 September 2019 (HC 2631), 30 January 2020 (HC 56), 12 March2020 (HC 120) and 14 May 2020 (CP 232).ImplementationThese changes shall take effect on 5 October 2020 at 0900. In relation to thesechanges, if an application for entry clearance, leave to enter or leave to remain hasbeen made before 5 October 2020 at 0900, the application will be decided inaccordance with the Immigration Rules in force on 5 October 2020 at 0859.Where consequential changes relating to the need to obtain an ATAS certificate havebeen made to the conditions of leave for routes, these changes take effect for allapplications made or granted on or after 5 October at 0900.ReviewBefore the end of each Review Period, the Secretary of State undertakes to review allof the relevant Immigration Rules including any Relevant Rule amended or added bythese changes. The Secretary of State will set out the conclusions of the review in areport and publish the report.The report must in particular:(a) consider each of the Relevant Rules and whether or not each Relevant Ruleachieves its objectives and is still appropriate; and(b)assess whether those objectives remain appropriate and, if so, the extent to whichthey could be achieved with a system that imposes less regulation.“Review period” means:the period of five years beginning on 6 April 2017; andsubject to the paragraph below, each successive period of five years.If a report under this provision is published before the last day of the review periodto which it relates, the following review period is to begin with the day on which thatreport is published.“Relevant Rule” means an Immigration Rule which:(a) imposes requirements, restrictions or conditions, or sets standards, in relation toany activity carried on by a business or voluntary or community body; or(b)relates to the securing of compliance with, or the enforcement of, requirements,
restrictions, conditions or standards which relate to any activity carried on by abusiness or voluntary or community body.Changes to the introductionIntro.1 After paragraph 5 insert:“5A. Appendix ST: Student and Appendix CS: Child Student shall not applyto an application for permission to stay by an EEA national made before 1January 2021, and any such application must be treated as invalid and notconsidered.5B. Where an EEA national makes an application for entry clearance underAppendix ST: Student or Appendix CS: Child Student before 1 January2021, any entry clearance granted will take effect from 1 January 2021.”.Intro.2 In paragraph 6, for the definition of “degree level study”, substitute:““degree level study” means a course which leads to a recognised UKbachelor’s degree , or an equivalent qualification at level 6 of the RegulatedQualifications Framework, or level 9 or 10 of the Scottish Credit andQualifications Framework.”.Intro.3 In paragraph 6, for the definition of “UK recognised body”, substitute:“A “UK recognised body” is a higher learning institution that has beengranted degree awarding powers by a Royal Charter, an Act of Parliament,the Privy Council or the Office for Students. For the purposes of these Rules,Health Education South London and Heath Education England are equivalentto UK recognised ficially-recognised”.Intro.4 In paragraph 6, after the definition of an “Independent School”, insert:“A “Student sponsor” means a sponsor which is recorded as having “studentsponsor status” on the register of licensed sponsors maintained by the HomeOffice.”.Intro.5 In paragraph 6, in the definition of “higher education provider”, for “Tier4” substitute “Student”.Intro.6 In paragraph 6, in the definition of “track record of compliance”, for “Tier4” substitute “Student” in each place that it occurs.Intro.7 In paragraph 6, in the definition of “a UK bachelor’s degree”, after “RoyalCharter”, for “or” substitute “,” and insert “by the Privy Council or the Officefor Students” after “Act of Parliament”.Intro.8 In paragraph 6, for the definition of “Date of application”, substitute:
““Date of application” means:If applying for entry clearance, the date of application is the date on thepayment receipt of the relevant fee.If applying for permission to enter, the date of application means the date theperson seeks entry.If applying for permission to stay, the date of application is:(1) where the paper application form is sent by post by Royal Mail,whether or not accompanied by a fee waiver request form, the date ofposting as shown on the tracking information provided by Royal Mailor, if not tracked, by the postmark date on the envelope; or(2) where the paper application form is sent by courier, or other postalservices provider, the date on which it is delivered to the HomeOffice; or(3) where the application is made via the online application process,and there is no request for a fee waiver, the date on which the onlineapplication is submitted, and the relevant fee is paid; or(4) where the application is made via the online application process,and includes a request for a fee waiver, the date on which the onlinerequest for a fee waiver is submitted, as long as the completedapplication is submitted within 10 days of the receipt of the decisionon the fee waiver application.”.Intro.9 In paragraph 6, for the definition of “A valid application”, substitute:““A valid application” means an application made in accordance with therequirements of Part 1, Appendix ST: Student or Appendix CS: ChildStudent.”.Intro.10 In paragraph 6, delete the definition of “Student”.Intro.11 In paragraph 6, delete the definition of “Student Nurse”.Intro.12 In paragraph 6, delete the definition of “Student Re-Sitting anExamination”.Intro.13 In paragraph 6, delete the definition of “Student Writing-up a Thesis”.Intro.14 In paragraph 6, in the definition of “week”, delete “Under Part 6A of theseRules,” and, for “week”, substitute “Week”.Intro.15 In paragraph 6, delete the definition of “Tier 4 Sponsor”.Intro.16 In paragraph 6, in the definition of “Probationary sponsor”, delete “UnderPart 6A of these Rules” and, for “Tier 4”, substitute “Student”.
Intro.17 In paragraph 6, for the definition of “Confirmation of Acceptance forStudies”, substitute:““Confirmation of Acceptance for Studies” means an electronic documentwith a unique reference number electronically issued by a student sponsor,via the Sponsor Management System, to a person who the student sponsorhas agreed to sponsor, for use in an application on the Student or ChildStudent route, in accordance with these Rules.”.Intro.18 In paragraph 6, for the definition of “Confirmation of Acceptance forStudies Checking Service”, substitute:““Confirmation of Acceptance for Studies Checking Service” means acomputerised interface with the Points Based System computer databasewhich allows a decision maker, assessing an application under the Student orChild Student route, in accordance with these Rules, to access and reviewdetails of the applicant’s Confirmation of Acceptance for Studies, includingdetails of the their student sponsor, together with details of the course ofstudy and other details associated with the circumstances in which theConfirmation of Acceptance for Studies was issued.”.Intro.19 In paragraph 6, in the definition of “Sponsor”, after “Under Part 6A” add “,Appendix ST: Student and Appendix CS: Child Student”.Intro.20 In paragraph 6, for the definition of “Sponsor Licence”, substitute:“A “sponsor licence” means a licence granted by the Secretary of State to aperson who, by virtue of such a grant, is licensed as a Sponsor under thePoints Based System.”.Intro.21 In paragraph 6, in the definition of “overseas higher education institution”,delete “Under Part 6A and Appendix A of these Rules” and for “overseas”substitute “Overseas” in the first place where it occurs.Intro.22 In paragraph 6 for the definition of “Points Based System Migrant”substitute:““Points Based System Migrant” means a migrant applying for, or granted,entry clearance or permission as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4Migrant, a Tier 5 Migrant, a Student or a Child Student.”.Intro.23 In paragraph 6, in the definition of “Tier 4 (General) Student”, after “ofthese Rules”, insert “in force before 5 October 2020 at 0900”.Intro.24 In paragraph 6, in the definitions of “Tier 4 (Child) student”, after “of theseRules”, insert “in force before 5 October 2020 at 0900”.Intro.25 In paragraph 6 in the definition of “expected end date of a course leadingto the award of a PhD” for “leave to remain as a Tier 4 (General) Student”substitute “permission to stay as a Student”.
Intro.26 In paragraph 6, for the definition of “Student Union Sabbatical Officer”substitute:““Student Union Sabbatical Officer” means a person who has been grantedpermission under Appendix ST: Student, or under paragraph 245ZV orparagraph 245ZX of the rules in force before 5 October at 0900, and has beenelected to a full-time, salaried, executive union position. This position mustbe in the student union of the person’s student sponsor institution or with theNational Union of Students of the UK.”.Intro.27 In paragraph 6, in the definition of “Professional Sportsperson” delete “Tier4 (General)”.Intro.28 In paragraph 6, after the definition of “Seasonal work”, insert:““Approved qualification” means a qualification which meets therequirements set out in ST 9.1.“Biometrics” means a record of the applicant’s fingerprints or a photographof their face to be obtained and recorded for immigration purposes set out inthe Immigration (Biometric Regulations) 2008 (as amended from time totime).“Child”, unless the contrary intention appears, means a person who is agedunder 18 years."Child Student" means a person granted permission under Appendix CS:Child Student or as a Tier 4 (Child) Student.“Close relative” means a grandparent, brother, sister, step-parent, uncle(brother or half-brother of the child’s parent) or aunt (sister or half-sister ofthe child’s parent) who is aged 18 or over at the date of application.“Confirmation of Acceptance for Studies reference number” means anumber which links to a single Confirmation of Acceptance for Studies thatwas assigned to the Student or Child Student by their student sponsor.“Course of study” means the course for which the Confirmation ofAcceptance for Studies was assigned which leads to an approvedqualification.“Doctorate extension scheme” means a sponsored scheme which enablessuccessful applicants to remain in the UK for 12 months from the expectedend date of a course leading to the award of a PhD as set out under ST 18.1and ST18.2 of these Rules.“English language course” means a course that solely consists of Englishlanguage study.
“Expected end date of a course leading to the award of a PhD” means thedate the PhD is expected to be formally confirmed, by the student sponsor, ascompleted to the standard required for the award of a PhD and recorded onthe Confirmation of Acceptance for Studies accompanying the application asa Student on the doctorate extension scheme.“Fee” means the amount the applicant must pay to the Secretary of State asspecified in regulations made in exercise of the powers conferred by sections68, 69 and 74 of the Immigration Act 2014.“Full-time course” means a full-time course which is:a) a full-time course of degree level study that leads to a UKrecognised qualification at level 6 or above on the RegulatedQualifications Framework or equivalents; orb) an overseas higher education course that the Student is studying inthe UK and leads to a qualification from an overseas highereducation institution that is recognised as being equivalent to a UKhigher education qualification; orc) a course of study below UK degree level that involves a minimumof 15 hours a week of classroom-based, daytime study (08:00 – 18:00,Monday to Friday). Scheduled breaks do not count towards the 15hours.“Immigration Health Charge” means a charge under section 38 of theImmigration Act 2014 and the Immigration (Health Charge) Order 2015 (asamended from time to time).“International sponsorship agency” means an international institution ororganisation which provides funding to students studying in the UK.“Partner” means the applicant’s:(a) spouse; or(b) civil partner; or(c) fiancé(e) or proposed civil partner; or(d) unmarried partner.“Partner Institution” means an institution which has a permittedpartnership agreement with a student sponsor. Teaching partnerships allow astudent sponsor’s students to undertake study of a specified type at apartner’s site.“passport”: under Appendix ST: Student and Appendix CS: Child Student,means a passport which:(a) is issued by or on behalf of the government of any country recognisedby the UK, or dealt with as a government by the UK, and whichcomplies with international passport practice; and(b) shows both the identity and nationality of the holder; and(c) gives the holder the right to enter the country of the governmentwhich has issued the passport; and
(d) is authentic and not unofficially altered or tampered with; and(e) is not damaged in a way that compromises the integrity of thepassport; and(f) is valid (has not expired) and is used by the rightful holder.“permission to stay” means leave to remain and references to a personhaving, having had, or being granted “permission” means permission toenter or permission to stay.“permission to enter” means leave to enter.“Private foster care arrangement” means an arrangement in whichchildren aged under 16, or under 18 if disabled, are cared for on a full-timebasis by a person or persons aged 18 or over, who is not their parent or aclose relative, for a period of 28 days or more.“Probationary sponsor” means a student sponsor which has been givenprobationary sponsor status when it was first granted a sponsor licence. Aprobationary sponsor must demonstrate that it can fulfil its sponsorshipduties, will continue to do so, and can be trusted to hold student sponsorstatus. When a probationary sponsor applies for, and passes, its firstannual Basic Compliance Assessment, it wi
31 July 2013 (Cm 8690), 6 September 2013 (HC 628), 9 October 2013 (HC 686), 8 November 2013 (HC 803), 9 December 2013 (HC 887), 10 December 2013 (HC 901), 18 December 2013 (H
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