Immigration Statement of Changes HC 836 June 2025

Statement of Changes Immigration Rule HC 836 June 2025

IN THIS SECTION

The latest Statement of Changes to the Immigration Rules HC 836 was laid before Parliament on 24 June 2025, arguably delivering the widest-ranging package of reforms since the spring 2024 salary overhaul.

In headline terms, a new Appendix Continuous Residence has been introduced to harmonise the settlement clock across multiple routes. There is also an expansion of the Electronic Travel Authorisation (ETA) scheme and a refinement of the EU Settlement Scheme absence rules, among other changes.

The amendments take effect on staggered dates from 16 July 2025 through late summer, affording little time to adapt. Employers should review the changes and adjust accordingly, including HR compliance, family-route checklists and long-term residence planning.

The following is a summary of the key developments. To discuss the implications of the changes on hyor organisation or your individual plans, contact us.

 

 

New Appendix Continuous Residence (CR)

 

Effective 29 July 2025, a single Appendix CR replaces the mosaic of residence rules that previously varied by route. All work-route settlement applicants (Skilled Worker, Scale-up, Innovator Founder, Global Talent and others) now show five continuous years counted back from whichever date within 28 days of the application benefits them most.

Absence is capped at 180 days in any rolling 12-month period, but new “permitted absence” categories cover humanitarian deployment, pandemic disruption, company-mandated research and accompanying dependants.

Periods of unlawful stay generally break residence, yet the Appendix formalises the 1–31 August 2020 Covid concession.

Time spent as a British citizen will now count towards Long Residence settlement unless that citizenship has been deprived. The appendix lists the routes it governs and sets out how to treat imprisonment, exclusion orders and time in detention.

For employers, the new appendix should trigger a refresh of their tracking spreadsheets: the qualifying clock can now end on the decision date rather than the application date, potentially giving workers an extra few weeks of credit when preparing a tight settlement bid.

 

Electronic Travel Authorisation (ETA) Extension

 

From 16 July 2025, the ETA scheme widens beyond standard visitors.

Creative Workers coming for engagements up to six months and travellers re-entering the UK from the Republic of Ireland after an overseas trip will need an approved ETA before boarding. The change closes a loophole that previously allowed some short-term performers to arrive visa-free, aligning border processes with the broader visitor population.

Marriage visitor and S2 Healthcare cases remain outside the scheme.

Employers in media, music and the arts should warn overseas talent that last-minute bookings will now require at least 48 hours for the ETA application, or risk carriers denying boarding.

 

EU Settlement Scheme Relaxed Absences

 

For decisions made on or after 16 July 2025, pre-settled status holders can now be absent from the UK for up to 30 months in any rolling five-year period without losing their “continuous qualifying period”. The previous limit was two years.

Absences arising from deportation orders that are later set aside will also be disregarded.

The change benefits frontier workers and those posted overseas during the pandemic, reducing the number of automatic status lapses and associated administrative reviews.

As a result, employers can reassure EUSS staff on long foreign assignments that their path to settled status should now become more secure.

 

Appendix FM Evidential Flexibility

 

Paragraph 31 of Appendix FM-SE is being replaced. Where a degree certificate is delayed or unobtainable, an official academic reference or transcript confirming the award date will now meet the English language exemption rules, provided Ecctis confirms the course was taught in English to at least A1/A2 level.

The change removes a common hurdle for newly-qualified applicants and universities that issue certificates only at annual congregations.

 

Knowledge of Language and Life (KOLL) Update

 

Appendix KOLL refreshes the list of majority English-speaking countries and includes acceptance of historic B1 Secure English Language Tests, as long as the provider remains on the approved list. Applicants can rely on a past B1 result even if the test was taken several years ago, eliminating unnecessary retesting for settlement and citizenship.

 

Private Life and Long Residence Revisions

 

Children who held leave as dependants before 20 June 2022 receive transitional protection under the latest changes. They may now count that period towards the five-year residence needed for settlement.

Adults now benefit from the “half-life” test even when they turn 25 after starting on the route.

Crucially, time spent as a British citizen will count towards the 10-year lawful-residence clock unless the person is later deprived of that citizenship, closing a long-criticised gap. Private life settlers must now satisfy continuous-residence rules by reference to the new Appendix CR.

 

Student and Graduate Partner Eligibility

 

Partners of Student or Graduate visa holders can now apply at the same time as the main applicant, rather than waiting until leave is granted.

Appendix Student paragraph ST 32.1 and Appendix Graduate paragraphs GR 11.1–11.2 have been rewritten to reference Appendix Relationship with Partner, removing ambiguity over timing and documentation.

Sponsors employing recent graduates should expect to see more dual applications, and ensure HR systems capture partner eVisa details when onboarding.

 

Part 9 refusal and cancellation grounds widened

 

Paragraph 9.5 is tightened so any applicant previously judged excludable from refugee or humanitarian protection will face mandatory refusal or cancellation across all routes, even if their earlier protection claim concluded without reference to those facts.

The amendment ensures individuals who would fall under Article 1F or related danger provisions cannot secure leave through non-protection applications, plugging a policy gap identified by the courts.

Sponsors will therefore need to screen recruits carefully, as a past exclusion finding could now trigger automatic visa refusal irrespective of job offer or skill level.

 

International Civilian Employees – 60-day fast track

 

A new sub-route has been brought in to allow non-visa-national US Department of Energy Nuclear Security Administration staff to enter at the UK border for deployments alongside US Forces. If the immigration officer is satisfied the traveller is DOE personnel and will depart after the assignment, they grant a one-off 60-day permission to work, bypassing pre-entry clearance. The measure provides legal cover for rapid specialist deployments on defence equipment, meeting a Ministry of Defence request to streamline emergency access without opening the route to the wider contractor market.

 

Need assistance?

 

To discuss the implications of the changes on your organisation or your individual plans, contact us.

 

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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