Immigration

Suitability rule changes for partner and parent applications

10th April 2026 By Andrew Jones

Quietly, the government has recently introduced significant changes to the suitability rules which apply to those who are the spouse or parent of a British citizen or settled person. These changes are in force now, and are likely to impact a range of applicants, including those who have already been granted visas on this basis before.

In summary, there are no longer separate suitability requirements for those applying on the family routes. In this blog, we will highlight some of the most significant changes.

Introduction of re-entry bans

For the first time, there are now mandatory re-entry bans for those applying under the family routes where the applicant has breached immigration law in the past. Previously, the family routes were exempted from these re-entry bans. This is no longer the case, meaning that if somebody has, for example, overstayed before leaving the UK to apply under the family routes, they will need to wait 12 months after they leave before applying, leaving families separated.

Discretionary refusal for previous breaches of immigration law

Outside of the mandatory re-entry bans, there is now a broad, discretionary power to refuse applications where the applicant has previously breached immigration law, at any time in the past. This applies to applications made in-country, too, including applications for indefinite leave to remain.

There is a tension here, because the family route rules include a set of exceptions for those who do not meet the immigration status requirements. Presumably, this discretionary power would not be used in such cases. However, there will be applicants who meet the immigration status requirements, and have perhaps been on a family route for some time, who may be at risk of refusal on the grounds of historic overstaying or other immigration breach. We will need to wait and see how this provision is used in practice.

Expansion of criminality grounds for refusal

There are also a series of changes which would allow the Home Office to refuse applications on the basis of a far wider range of criminality.

Firstly, the rules have changed to treat suspended sentences the same as custodial sentences, even where they are not activated. As a result, they will be treated differently to non-custodial sentences (despite being wholly non-custodial in many cases). Therefore, if an applicant has a suspended sentence of 12 months or more, they fall for refusal under the suitability rules. This presents an unusual dynamic whereby it may be more advantageous for an applicant to have a short custodial sentence on their criminal record than a suspended sentence in which they spend no time in prison.

Secondly, the family rules used to set time limits, whereafter criminality may not necessarily be a ground for refusal. For example, where an applicant had received a custodial sentence of less than 12 months, this would normally only lead to an application being refusal if it was made within five years of the end of that sentence. This has been replaced by two broad rules: any sentence of 12 months or longer is a mandatory ground for refusal, and any other criminal penalty may be a ground for refusal at any time. The Home Office guidance sets out various factors to be taken into account.

Impact on applicants

These are significant changes which will lead to many applicants – including those who have been lawfully resident in the UK on family routes for a long time – facing a risk of refusal on suitability grounds. There remain some provisions for the grant of permission to stay on the family routes under exceptional circumstances.

Regardless, the rules are now substantially harsher – with far reaching and inflexible mandatory grounds for refusal – and less predictable, as the Home Office will have more discretion to refuse applications on suitability grounds. This may come as a surprise to many, including those already on these routes, and we would recommend taking timely advice if you are concerned about any issues set out in this blog.

We can be contacted through our website, by phone on 020 7401 6887 or by email at contact@gryklaw.com.

Refugee status in the UK to be reviewed every 30 months

5th March 2026 By Zoe Olawore

From 2 March 2026, the Home Secretary introduced a major change to the UK’s asylum system: refugees will no longer receive an automatic five year grant of protection. Instead, they will be required to renew their permission to stay every 30 months or apply for a visa route available to other authorised migrants. This marks a significant departure from the previous framework, under which individuals granted refugee status, typically received five years of leave after which they could apply for indefinite leave to remain.

The new approach applies to adults and accompanied children who claim asylum on or after 2 March 2026. People who have already submitted an asylum claim and unaccompanied children are currently exempt from the rule changes, so both groups will continue to receive five years of protection. Even so, the government has signalled that the policy for unaccompanied children may evolve, noting that it is still considering “the appropriate long term policy for this group.”

Under the reformed rules, if the Home Office determines that a person’s country of origin is now safe, their protection will not be renewed, and they will be expected to return to their country of origin. Those who wish to remain in the UK will need to apply for alternative visa routes, such as work or study visas.

These reforms also have consequences for family reunion: the government has confirmed that family reunion applications remain paused while new rules are developed to ensure that financial and integration requirements align with those applied to British citizens sponsoring family members.

Concerns have been raised about the compatibility of these changes with the UK’s international obligations. Mark Evans, president of the Law Society of England and Wales, has warned that the reforms appear to be in conflict with Article 34 of the Refugee Convention, which requires states to facilitate the “assimilation and naturalisation” of refugees as far as possible.

If you would like further advice on how these changes may affect you or your family, please contact us on 020 7401 6887 or by email at contact@gryklaw.com to arrange a consultation with one of our team.

Staying in the UK: Legal Pathways for International Students

16th September 2025 By Alison Hunter

The Home Office has recently raised concerns about the number of students claiming asylum at the end of their student visas.

From January to June 2025, around 14,800 asylum applications were made by students, accounting for 13% of all claims. In response, the Home Office launched a campaign warning students and their families about the consequences of overstaying visas or submitting meritless asylum claims, including sending out text messages to those coming to the end of their student visas.

However, it’s important to know that there are still lawful ways for international students to remain in the UK after their studies.

Graduate Visa: Your First Step

After completing your course, students can apply for a Graduate visa, which currently allows you to stay and work in the UK for up to two years if you have a Bachelor’s or Master’s degree. If you have a doctoral qualification, you can stay for up to three years. (The Home Office has recently announced that this period will be reduced to 18 months but has not stated when this change will take place, nor whether this will apply to doctoral students as well). During this period on a graduate, you could consider seeking employment with a licensed sponsor to then allow you to transition to a Skilled Worker visa.

Skilled Worker Visa: Building Your Career

The Skilled Worker visa is a great option for those who find employment with a licensed sponsor. This visa offers long-term options for settlement and professional development in the UK. However, it is important to talk early to any potential employer about sponsorship as it entails significant costs and administrative burdens for the employer.

Global Talent Visa: For the Exceptionally Talented

If you have demonstrated exceptional achievement in fields like science, engineering, humanities, medicine, digital technology, or the arts, the Global Talent visa could be your pathway. This route does not require a job offer and provides greater flexibility for building a career in the UK.

Seek Legal Advice

Given the complexities of obtaining immigration status after being a student, you may well find it beneficial to seek legal advice to navigate the UK immigration system, not only to solve your immediate immigration situation, but also to plan longer term for the future. Despite the unwelcoming rhetoric from the government in relation to students at the moment, it is likely that there will also be pathways for students to work in the United Kingdom after their studies. We can guide you on the best visa options, help prepare necessary documentation, and ensure compliance with Home Office regulations.

For further advice, contact us at 020 7401 6887 or email contact@gryklaw.com.

Updates on travelling with an eVisa

18th December 2024 By Jennifer Aitken

Following our article on what to consider if you are travelling over the winter, the Home Office has announced important updates on traveling with an eVisa.

What is the deadline for getting an eVisa?

Most biometric residence permits (BRPs) and biometric residence cards (BRCs) expire on 31 December 2024. The Home Office have now announced that, as a transitional measure, airlines and other carriers can accept BRPs and BRCs expiring on 31 December 2024 or later as evidence of permission to travel to the UK, provisionally until 31 March 2025.

We would still recommend setting up your eVisa as soon as possible. The Home Office’s preference remains for individuals to prove their status using eVisas and they have crucially noted that this delay to the full implementation of the eVisa system “will be kept under review”.

What should I do before travelling with my eVisa?

There are now four main steps you should take before travelling with an eVisa:

1. Sign in to your UKVI account to check that your eVisa is linked to your current passport or travel document.

If you have obtained a new passport since setting up your eVisa or if you hold multiple passports, you should ensure the passport with which you plan to travel is linked correctly to your account.

2. Check that the information on your eVisa is correct.

You should check your eVisa to ensure the details are correct.

If there is an error, you can use the new online form to report an error with your eVisa. The Home Office has advised that they will be redirecting individuals to use this form if they contact the UKVI Resolution Centre phone line or use the webchat.

3. You should obtain a share code from the View and Prove service before you travel overseas.

Carriers may ask to see a share code to check your immigration status. Share codes are valid for 90 days and we are aware of issues generating these codes in certain countries. As such, it is best to generate a code before you travel out of the UK.

4. Ensure the passenger information you have provided to the carrier (airline, ferry or rail company, etc.) matches the details on your passport and eVisa.

We would also recommend providing your passenger information well in advance of your planned travel to reduce the risk of disruption.

What should I carry when I travel after 31 December 2024?

When travelling you must carry your current passport and ensure this passport is linked to your eVisa. You should also have your share code available for carriers to check.

As carriers and border officials adjust to the new proof of status requirements, we would also recommend that you carry the following:

1. Your BRP or BRC that expires on 31 December 2024 or later. As above, the Home Office have announced that these will continue to be valid for travel to the UK until 31 March 2025.

2. A screenshot or printout of your eVisa, showing your photo and immigration status.

3. Your most recent Home Office decision letter/email.

What to do if you cannot access your eVisa outside the UK

If you are outside the UK and cannot access your eVisa, you can get help to recover access to your UKVI account.

If you have a valid physical document that proves your status in the UK, you can show that to the carrier. As above, BRPs and BRCs expiring on 31 December 2024 will remain valid permission to travel to the UK until 31 March 2025, based on current Home Office guidance.

The Home Office have advised that if you cannot recover your account and have no other evidence of your permission to travel, you may want to consider applying for a temporary visa which lets you re-enter the UK once only.

We welcome enquiries from our previous clients, if they have any concerns about their status or correct expiry date. Please also get in touch if you would like our support with an application process, and we can provide details on our fees.

What to consider if you are travelling over the winter

14th November 2024 By Morag Campbell

The Home Office has introduced a number of changes which will affect people travelling into the UK. If you are planning on travelling in and out of the UK this winter, here are a few things you should consider to avoid issues at the border.

If you live in the UK: set up your eVisa

On 31 December 2024, all biometric residence permits (BRPs) are due to expire, and you will need an eVisa to prove your status at the border.

All BRP holders should therefore set up their eVisa before travelling, particularly if they will be returning to the UK on 1 January 2025 or later. We have covered how to set up your eVisa here.

If you have indefinite leave to remain issued on a paper document, there is a different process. The Home Office’s advice is to apply for an eVisa by completing this online form. If the document is still valid, the Home Office has said you can continue to rely on it, but we would strongly recommend going through the eVisa process.

Once you have set up your eVisa, you should add your current passport as an ID document on your UKVI account. You must do this before travelling, and make sure all the details match the passport you will be using to travel back into the UK. This should allow your travel provider to see your eVisa, using your passport details.

If you are visiting the UK: check if you need an Electronic Travel Authorisation (ETA)

In addition to the new eVisa system, the Home Office is rolling out an ETA scheme. An ETA is not a visa – it is permission to travel to the UK, but you will still need immigration permission to enter.

Eventually, everyone will need to apply for an ETA before travelling to the UK if:

- They are not a British citizen.
- They are of a nationality that does not require a visa to enter the UK as a visitor; and
- They do not already have entry clearance or leave to remain in the UK (e.g. as a Skilled Worker or family member, etc.).

Nationals of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and United Arab Emirates already need an ETA to travel to the UK. The scheme will be rolled out to the rest of the world in two additional phases:

- Nationals of non-European countries will need an ETA to travel to the UK on or after 8 January 2025.
- Nationals of European countries (including both EEA and non-EEA countries) will need an ETA to travel to the UK on or after 2 April 2025.

So, if you are planning on travelling to the UK in the new year, you should check whether you need an ETA beforehand. You can apply for an ETA online using a straightforward application form. The application costs £10, and it will take up to three days to process.

The ETA scheme only applies to you if you do not need a visa to visit the UK. If your nationality is on the visa national list, you still need to apply for a visit visa, not an ETA. If you would like assistance with a visit visa application, please contact us on enquiries@gryklaw.com or 020 7401 6887.