The Immigration Rules updates – October 2024

The Home Office has issued a statement of changes to the Immigration Rules, impacting UK immigration applications. Published on 10 September 2024, these changes take effect as of yesterday, 08 October 2024, with some set to be implemented in early 2025, as outlined below.

** Home Office guidance may not be released until on or after the effective dates of these changes. As a result, some website content may be subject to updates for a short time after the changes come into effect.**

Student route

From 2 January 2025, the financial requirements for international students applying for a UK Student visa will be updated to reflect higher costs of living. The “maintenance requirement” is the amount of money students must show they have available to support themselves during their studies, up to a maximum of nine months. This requirement was originally based on the maintenance loans provided to UK home students, but it has not been updated for international students since 2020.

The upcoming changes will align the maintenance requirement for international students with the current maintenance loan levels for home students for the 2024-25 academic year. Moving forward, the maintenance levels for international students will aim to remain in step with home student loans.

Key Changes:

• At present, students must show £1,334 per month if studying in London, or £1,023 per month if studying outside London.
• From 2 January 2025, these amounts will increase to £1,483 per month for London-based students and £1,136 per month for those studying outside London.
• Students who have paid towards their UK accommodation can reduce the amount of maintenance they need to show. The current maximum offset, capped at one month’s maintenance level (£1,334 for London students), will increase to £1,483 in line with the new requirements.

These changes will only apply to applications made on or after 2 January 2025. Until then, the current financial requirements will remain in place. Additionally, a review of maintenance levels for student dependants is underway, and further updates will be provided soon.

Part 9 – general grounds for refusal

As of 8 October 2024, new rules are being introduced regarding medical grounds for denying entry to the UK. Previously, an immigration officer could refuse permission to enter the UK based on medical reasons, but now this will also apply to entry clearance applications, meaning visas can be refused for similar health concerns. If a medical inspector advises that allowing entry is undesirable for health reasons, permission to enter will be denied unless there are compelling compassionate reasons to grant entry.

Additionally, changes are being made to the rules around refusals based on deception or breaches of immigration conditions. From 8 October 2024, these breaches will only be considered if the person was 18 or older at the time of the violation. This means that individuals who committed immigration violations as minors will not have these breaches held against them.

Electronic Travel Authorisations (ETA)

For applications submitted on or after 8 October 2024, the list of nationalities required to obtain an ETA to enter the UK as a Visitor or Creative Worker will be expanded. A new Appendix ETA National List, which is not yet available, will provide details of the affected nationalities. This list will categorise countries into two groups, with the ETA requirement taking effect for the first group from 8 January 2025 and for the second group from 2 April 2025.

Visitors – Jordanian Nationals

The UK government has reinstated a visa requirement for Jordanian nationals due to a sharp increase in the misuse of ETA. Jordanian citizens can no longer use ETAs to enter the UK. Those with existing ETAs may still enter the UK if their journey was booked before 10 September 2024 and is completed by 8 October 2024. After this deadline, ETAs will be cancelled, and visas will be required for all future travel to the UK. Travelers should apply for visas in advance and check processing times to avoid delays.

The decision comes in response to a surge in Jordanian nationals attempting to live, work, or claim asylum in the UK without proper authorisation. Entry refusals rose dramatically between April and June 2024, with asylum claims also spiking in the same period. The new visa requirement aims to prevent further misuse of visit and transit permissions and maintain the integrity of the UK immigration system.

This change was implemented with immediate effect from 3pm (UK time) on 10 September 2024. If you were already in receipt of an Electronic Travel Authorisation (ETA), had a confirmed booking to the UK prior to 3pm (UK time) on 10 September 2024, and your intended travel to the UK is scheduled to be no later than 3pm (UK time) on 8 October 2024, you will still be permitted to seek entry to the UK as a Visitor on entry without needing a prior Visitor visa.

Appendix Children

Starting from 8 October 2024, there will be a minor adjustment to the requirements for parental consent for applicants under the age of 18 who are not applying for immigration permission as a dependent child. The revised Rules now mandate that the parent(s) or legal guardian must provide written consent explicitly authorising the applicant’s immigration application, living arrangements, travel to, and reception in the UK, rather than simply offering general support.

Additionally, from the same date, applicants aged 18 or older can only apply under this appendix if their previous grant of permission was as a dependent child of their parent(s), and that permission is either still valid or expired within the last 14 days. This condition does not apply to those over 18 applying as a dependent child under Appendix Bereaved Partner or Appendix Victim of Domestic Abuse.

Miscellaneous

As of 8 October 2024, the Home Office will begin using the Foreign, Commonwealth & Development Office Consular Exchange Rate (FCDO CER) for converting Mongolian Tugrik to GBP in their casework process. While the Home Office typically relies on the currency conversion website OANDA for exchange rates, OANDA does not offer a rate for the Mongolian Tugrik, prompting this adjustment for cases involving that currency.

If you have any questions or wish to obtain more information on the above, please do not hesitate to contact our immigration lawyers or send us an email.