Statement of Changes to the Immigration Rules HC 836

The Home Office has issued a new Statement of Changes to the Immigration Rules: HC 836, published on 13 June 2025. These changes introduce significant updates across a broad range of visa categories, including long residence, continuous residence, family life, and public law exclusions.

The amendments refine how certain applications are assessed and aim to close perceived loopholes, while tightening requirements in other areas. In this blog, we explore the most important aspects of HC 836, focusing on how they may affect visa applicants, students, workers, and families.

Key changes

Statement of Changes HC 836 introduces amendments across multiple Appendices to the Immigration Rules. Key updates include:

• Refinement of the continuous residence requirement across several visa categories
• Revisions to the private life and long residence rules, including how time spent on immigration bail or in prison is counted
• Changes to eligibility criteria under the EU Settlement Scheme
• A formal route for International Civilian Employees under NATO and similar organisations
• Adjustments to public interest considerations in Part 9, including refusals on grounds of restricted leave
• Changes affecting students, graduates, and family visa applicants

These updates have implications across both personal and corporate immigration, so understanding their scope is essential.

Appendix Continuous Residence

The concept of continuous residence is central to many immigration applications, particularly those leading to Indefinite Leave to Remain (ILR). HC 836 introduces a consolidated definition of continuous residence and clarifies how absences, immigration bail, and periods of imprisonment impact eligibility.

Specifically, time spent in prison will now break continuous residence, even if the person remains lawfully present after release. Additionally, applicants must not have had more than 180 days’ absence from the UK in any 12-month period unless permitted under specific exemptions.

These changes apply across multiple routes, including the Skilled Worker visa. If you’re unsure whether your work or absence history could impact your eligibility, we recommend reviewing your position carefully. Our Skilled Worker visa solicitors can provide expert guidance.

EU Settlement Scheme

HC 836 amends eligibility rules under the EU Settlement Scheme (EUSS), making it more difficult for individuals with prior immigration breaches to qualify. It also clarifies that continuous residence requirements must be met not only when applying but also throughout the relevant qualifying period.

The new rules also impact joining family members. In particular, more robust checks on residence history and compliance may lead to increased scrutiny of applications, especially those made outside the UK.

Restricted leave and Part 9 refusals

The Statement of Changes makes further amendments to Part 9 of the Immigration Rules, which governs general grounds for refusal. A new provision states that individuals previously granted restricted leave, often those excluded from protection on security or public interest grounds, may now be refused under a strengthened discretionary framework.

This change empowers decision-makers to place greater weight on national security and public policy when reviewing applications, particularly where applicants have a history of criminality or deception.

International Civilian Employees

A new Appendix has been introduced to provide a route for International Civilian Employees, such as those employed by NATO or the Australian Defence Force. Previously governed by concession, these individuals now have a clear legal basis for obtaining leave to enter or remain in the UK.

The Appendix outlines eligibility, permitted activities, and conditions of stay. It offers clarity and legal certainty to a group that was previously handled on a discretionary basis.

Appendix Private Life

Changes to the Private Life route now provide further detail on how continuous residence is assessed, particularly for children and young adults. The new rules also clarify the ten-year route to settlement, including updated definitions for “lawful residence” and how short breaks in residence may be treated.

Applicants relying on Article 8 grounds will be particularly affected by these updates. If you are applying for a family or spouse visa on private life grounds, it is essential to understand how these rules now apply.

Appendix Long Residence

Applicants seeking ILR under the Long Residence rule must now meet the updated continuous residence definition and demonstrate compliance with more stringent requirements. Periods of immigration bail or time in detention will now break the continuity clock, potentially delaying eligibility for settlement.

Appendix Electronic Travel Authorisation

Although the Electronic Travel Authorisation (ETA) system is already being rolled out, HC 836 formalises and updates its framework. It sets out the grounds for refusal of an ETA, including public policy concerns and security risks.

Travellers from visa-exempt countries must now ensure they have no disqualifying history, such as immigration breaches or criminal convictions, that could lead to an ETA refusal.

Appendix Student & Appendix Graduate

HC 836 introduces technical adjustments to both the Student and Graduate routes. These include updated definitions of full-time study, sponsorship requirements, and switching rules.

For instance, some flexibility has been added to allow early course completion without penalising the applicant, but strict compliance remains essential. If you are planning to extend or switch from a Tier 4 Student Visa, these changes may affect your next steps.

Appendix KOLL

Appendix Knowledge of Life in the UK (KOLL) is now standardised to clarify how the Life in the UK Test and English language requirements apply across settlement routes. These changes aim to remove inconsistencies and create uniform application across various visa types.

Appendix FM & FM SE

The Family Migration (FM) and FM Specified Evidence (FM SE) Appendices are also updated under HC 836. Notably, the rules now reinforce that income from third parties cannot generally be used to meet financial requirements unless expressly permitted.

Documentation requirements have also been tightened, making it more important than ever to ensure your financial evidence is complete and compliant. This could affect family reunion and partner visa applications under Appendix FM.

When did the Statement of Changes HC 836 come into effect?

HC 836 was published on 13 June 2025. While some changes took immediate effect, others are staggered, with implementation dates ranging through summer 2025. Applicants should check the effective date of each individual change or consult a solicitor before proceeding with a new or pending application.

Does HC 836 impact applications for Skilled Worker visas?

Yes, particularly in relation to continuous residence and criminality provisions. Time spent on immigration bail or with previous offences may now be more heavily scrutinised, and employers must ensure their sponsored employees continue to meet all criteria. Our Skilled Worker visa specialists can guide you through these changes.

What are the implications of HC 836 for family visa applications?

The tightened rules under Appendix FM and FM SE mean that more documentation may be required, and financial thresholds must be met without relying on third-party support unless explicitly allowed. This makes careful planning essential for those applying to bring family members to the UK.

Are there any changes to the financial requirements for visa applications under HC 836?

Yes. HC 836 strengthens the rules around income evidence and clarifies what counts towards financial thresholds. In some routes, benefits and third-party support are now more restricted, placing greater importance on income from the applicant or their sponsor alone.

How does HC 836 affect students applying for or extending their student visas?

Students must meet more clearly defined criteria regarding course completion, sponsorship, and switching into the Graduate route. These changes make it crucial for applicants to fully understand their obligations before making a new application or variation of leave.

Speak to our immigration solicitors about HC 836

If you are unsure how the latest changes to UK immigration rules affect your situation, our specialist immigration lawyers at BHD Solicitors are here to help.

We can provide clear, practical advice tailored to your visa category, whether you are studying, working, joining family, or applying for long-term settlement.

Call us on 020 8681 5128 or email enquiries@bhdsolicitors.co.uk to arrange a consultation and protect your immigration status with expert legal support.