UK immigration changes in October 2026: what employers and applicants need to know

A series of changes to UK immigration rules and right to work requirements will take effect during October and November 2026, with important implications for employers, sponsors and individual applicants.

The first significant change comes on 1 October 2026, when the illegal working regime will be extended beyond traditional employment relationships to cover a wider range of workers and working arrangements. Further changes to the Immigration Rules then take effect from 8 October, with additional measures following on 29 October, 30 November and 9 December.

On 3 September 2026, the Home Office laid Statement of Changes HC 584 before Parliament. It does not introduce earned settlement or change Skilled Worker salary thresholds, but it makes targeted amendments across work, visitor, student, EU Settlement Scheme, family and settlement routes.

What employers need to know from 1 October 2026

Separately from HC 584, section 48 of the Border Security, Asylum and Immigration Act 2025 comes into force on 1 October 2026, extending the illegal working regime beyond traditional employment.

From that date, the right to work regime will also cover:

• People engaged under workers' contracts
• Individual subcontractors
• Certain online matching services

The changes mean businesses using contractors, subcontractors or other non-traditional working arrangements may have additional right to work responsibilities.

Businesses should review their existing right to work procedures, including arrangements involving contractors and labour supply chains, ahead of the changes taking effect.

The 8 October changes and transitional provisions

Most of the changes contained in HC 584 take effect on 8 October 2026. The remainder follow in stages: changes to the religious work routes on 29 October, Student maintenance requirements on 30 November and an EU Settlement Scheme identity amendment on 9 December.

The commencement provisions in HC 584 are not uniform, which makes the transitional arrangements particularly important.

For some 8 October changes, applications made before 8 October will be decided under the Immigration Rules in force on 7 October 2026. These include:

• The Part 1 procedural changes
• The Part Suitability amendment
• The Appendix FM and Appendix Private Life changes
• The Visitor and Erasmus+ changes
• Most of the Student amendments

A second group of changes taking effect on 8 October has no equivalent saving provision. These include:

• The Skilled Worker amendments
• The EU Settlement Scheme changes
• Hong Kong BN(O) settlement
• Long Residence
• Victim of Domestic Abuse
• The tidying-up of legacy routes

On their face, these changes will apply to applications pending on 8 October as well as new applications.

The 29 October and 30 November changes each have their own saving provision tied to the day before they take effect.

Employers and sponsored workers

Several of the October changes have direct implications for employers and sponsors, including changes affecting Skilled Workers, qualification assessments, business visitors and faith-based sponsorship.

Skilled Workers who are victims of modern slavery

A new provision applies to a Skilled Worker who has been referred into the National Referral Mechanism and received a positive Conclusive Grounds decision during their most recent period of permission.

Their work conditions may be amended so that any work is permitted, including self-employment and voluntary work. The exception is work as a professional sportsperson, including as a sports coach.

The Rules state that conditions "may" be amended, meaning this is a discretionary power rather than an automatic entitlement. However, it provides a potentially significant route out of dependency on an exploitative sponsor.

Sponsors should be aware that a sponsored worker whose conditions are varied in this way will no longer be tied to the sponsoring employer.

Qualification assessments

References to Ecctis are being replaced with references to "the qualification and language assessments provider". While primarily a technical change, applicants and HR teams should ensure that assessment evidence is obtained from the correct provider.

Business visitors

Appendix Visitor: Permitted Activities is being expanded in several practical areas. Visitors will be permitted to:

• Attend workshops and debates as well as meetings, conferences, seminars and interviews
• Take part in skills competitions
• Attend rehearsals as well as performances
• Work as entertainment staff supporting an artist, entertainer or musician at the same event, provided they are employed to work for that person outside the UK

Faith-based sponsors from 29 October 2026

Both the T2 Minister of Religion route and Temporary Work - Religious Worker route are substantially redrafted.

For T2 Minister of Religion:

• The sponsor must confirm that the role will not mainly involve non-pastoral duties, unless it is a senior position or the applicant is a member of a religious order
• Permission will be granted for the shorter of 14 days after the period of employment on the Certificate of Sponsorship or three years

For Religious Workers, applicants must now fall within one of three categories:

• A supernumerary role, with a full explanation of why it is supernumerary
• Membership of a religious order
• At least six months' religious duties overseas for the same faith-based organisation, evidenced by a letter from that organisation

The latter requirement does not apply to an applicant for permission to stay whose sponsor is the same as in their previous grant of Religious Worker permission.

On both routes, where the worker is not entitled to the National Minimum Wage, an A-rated sponsor must confirm on the Certificate of Sponsorship that it will maintain and accommodate the worker and any dependants.

Faith-based sponsors should review role descriptions and Certificate of Sponsorship wording before assigning Certificates on or after 29 October.

EU Settlement Scheme

The changes allow a person with pre-settled status who no longer meets the eligibility requirements they relied upon when they applied to meet other eligibility requirements under EU14 or EU14A instead.

The new provisions also give the Secretary of State express powers to:

• Extend limited leave without a valid application
• Grant settled status without a valid application where satisfied that the requirements for indefinite leave are met

The definition of a "person with a derivative right to reside" is also amended in relation to primary carers of children in education.

The "required date" provisions change from the date an applicant "first arrived in" the UK to the date they "last legally entered" it. New three-month deadlines will apply to certain repeat joining family member applications and derivative right applications based on residence beginning after the specified date. Late applications can be accepted where there are reasonable grounds for the delay.

From 9 December 2026, a non-EEA citizen applying within the UK must prove their identity and nationality using either a valid passport or a valid specified relevant document.

Family, private life and settlement

The changes also affect several family and settlement routes, including Long Residence, Victim of Domestic Abuse applications and Hong Kong BN(O) settlement.

Long Residence

Where a caseworker is not satisfied that the Long Residence requirements are met but considers that the applicant may qualify under Appendix FM or Appendix Private Life, the Secretary of State will vary the application to one under the relevant route.

No further application fee will be payable, but the applicant must pay any Immigration Health Charge due. If the charge is not paid, and no waiver is requested and granted, the varied application will be rejected as invalid.

Applicants with pending Long Residence applications should therefore be prepared to respond promptly to any Immigration Health Charge request.

Victim of Domestic Abuse

Appendix Victim of Domestic Abuse is being restated and will expressly cover:

• An applicant aged 18 or over who holds, or last held, permission as a child
• An applicant whose relationship with a parent or parent's partner has broken down permanently because of domestic abuse

Dependent children, including those aged 18 or over, can apply at the same time or later.

The Rules will also provide for applications from outside the UK by a person who was physically present in the UK and has subsequently been abandoned overseas.

Hong Kong BN(O) settlement

An applicant for settlement must have had their most recent permission on the BN(O) route. They must also have spent a continuous five-year period with permission on a route to settlement, unless they are under 18.

Family Returns Process

Appendix FM and Appendix Private Life gain a new provision covering families in the Family Returns Process. For these families, any Article 8 application or claim must be submitted to a member of Home Office staff within that process.

Procedure and suitability

The changes also introduce important procedural and suitability amendments, particularly around fee waivers, section 3C leave and previous conduct relating to immigration control.

Fee waivers and section 3C leave

Paragraph 34G(4) is being replaced following the Upper Tribunal's reported decision in R (Hussain) v SSHD (S.3C - Para 34G(4) - fee waiver) [2026] UKUT 00082 (IAC).

The new rule retains the 10-working-day window for submitting a completed application following a fee waiver decision. It also provides that the date of the fee waiver request will count as the application date where a paid application on the same route is made before the waiver decision is received.

Where an applicant subsequently applies under a different route, the application date will be the date of that later application rather than the date of the fee waiver request.

A new paragraph 34BB(2A) also provides that where an application is varied, biometrics must still be enrolled within the period set for the original application.

Applicants relying on a fee waiver to protect their immigration status should therefore take particular care over timing.

Frustrating immigration control

A new provision is being added to SUI 11.4 of Part Suitability covering applicants who have "acted to frustrate immigration controls as set out in SUI 11.7".

Past conduct of this kind can therefore be taken into account in applications for permission to stay. Anyone with a relevant immigration history should take advice before applying.

Students and Erasmus+

From 30 November 2026, Student maintenance requirements increase from £1,529 to £1,570 per month in London and from £1,171 to £1,203 per month outside London. The maximum offset for accommodation fees already paid will increase to £1,570.

From 8 October, the Immigration Rules will also accommodate the UK's participation in Erasmus+ across several routes, including:

• New Visitor provisions covering study and permitted activities such as training, traineeships, job shadowing and sports coaching
• Tailored exceptions for Erasmus+ participants under the Student and Child Student routes
• A new Government Authorised Exchange Erasmus+ scheme for periods of up to 12 months

How our solicitors can help

With significant changes taking effect from 1 October onwards, employers and sponsors should review their right to work and sponsorship procedures now rather than waiting for the new rules to come into force.

Our business immigration team advises employers and sponsors on UK immigration compliance, right to work requirements and sponsorship matters. We can assist with:

• Reviewing right to work procedures ahead of the 1 October changes
• Contractor and labour supply chain arrangements
• Sponsor compliance and Certificate of Sponsorship reviews
• Preparation for the 29 October religious route changes
• The implications of the October rule changes for sponsored workers

We also advise individuals on EU Settlement Scheme, Long Residence and other UK immigration applications.

For advice on how the upcoming changes may affect your business or immigration status, contact our solicitors.