On 17 July 2023, the government published a Statement of Changes to the Immigration Rules, implementing restrictions on Students’ ability to switch to work routes that went into effect on the same date.
Other changes to the Skilled Worker route will come into force on 7 August 2023.
Changes that came into force on 17 July 2023
A Student can no longer switch to the Skilled Worker visa unless one of the following conditions is met:
- They have completed their course of study for which their Confirmation of Acceptance for Studies was assigned.
- They are studying a full-time course of study at degree level or above with a higher education provider*, and the start date on their Certificate of Sponsorship (CoS) is not earlier than the course completion date.
- They are studying a full-time course of study which leads to a PhD with a higher education provider*, and the start date on their CoS is not earlier than 24 months after the start date of the course.
*To meet the above conditions, the higher education provider must have a track record of compliance.
In addition, a Student can no longer switch to the Skilled Worker Dependant visa unless one of the following conditions is met:
- They have completed their course of study for which the CAS was assigned
- They are studying a full-time course of study which leads to a PhD with a higher education provider, and the start date on their CoS is not earlier than 24 months after the start date of the course.
Changes coming into force on 7 August 2023
The Skilled Worker visa applicant will have to meet the “Genuineness” requirement. This means that an applicant must establish:
- They genuinely intend, and able to undertake the role
- They do not intend to undertake employment other than in the sponsored role
Supplementary employment will be permitted as long as they continue to work in the job for which they are being sponsored.
The Skilled Worker being sponsored in the occupation code “2211 Medical practitioners” for GP specialty training will be granted leave until four months after the end date of certificate of sponsorship. If the supplementary employment takes place during this four-month period, the requirement to continue to work for the sponsor will not apply.