The Home Office presented a new Statement of Changes to the Immigration Rules on the 3rd of September 2026, with many of these changes taking effect on the 8th of October 2026.
A range of amendments are being introduced, as set out in the Statement of Changes [PDF] and explanatory memorandum. In this article, Rachel Jones and Alex Christen from Capital Law examine the changes relating to victims of modern slavery, fee waivers and their relationship with 3C leave, the facilitation of Erasmus+, and other minor revisions that businesses need to consider.
Changes to support victims of modern slavery
The general rule is that a visa holder cannot normally undertake work other than the job they are sponsored for. There are some exceptions, including an ability to undertake limited supplementary work in certain roles, but, generally, sponsored employees are very much tied to their sponsor.
This provision has meant that, in some cases, sponsored employees have become trapped by abusive sponsors. They can leave their jobs if they choose, but are left with a relatively short period of time to find a new sponsor, or in most cases, have to leave the UK.
September’s Statement of Changes is introducing an exception to this for victims of modern slavery. The change provides that, where a Skilled Worker is referred into the National Referral Mechanism and receives a positive Conclusive Grounds decision (i.e. confirmation that they are a victim of modern slavery), they will be allowed to work for any employer for the remainder of their visa duration, including on a self-employed or voluntary basis. The usual exception preventing them working as professional sportspersons or sports coaches applies.
The House of Commons Written Statement explains that this is intended to tackle rogue employers who exploit or enslave their workers, with the hope that victims of exploitation will not face further vulnerabilities and will feel able to come forward.
This is a really positive development for victims of modern slavery, but also for businesses who can expand their talent pool to include these skilled individuals. It remains to be seen how their right to work will be verified, for example, whether the online right to work check output will confirm their status or simply state that work is permitted, and we expect updated guidance on this point.
Changes to fee waivers and section 3C leave
The Immigration Rules are to be amended to prevent abuse of the section 3C leave and fee waiver process. Certain individuals who are unable to pay the fees associated with their immigration application can apply for a full or partial fee waiver which, if granted, means the applicant will avoid having to pay some or all their immigration fees.
Individuals who are granted a fee waiver have a short period of time in which to apply that waiver and make their visa application, and fee waivers are only available for certain groups of individuals. For example, applicants can apply for a fee waiver where they are making a specified human rights application and requiring the applicant to pay a fee would be incompatible with the European Convention on Human Rights.
Where an individual makes an application to vary leave before their current immigration permission expires, section 3C of the Immigration Act 1971 extends their existing immigration permission while the application is being decided, appealed or is under administrative review. It is a very helpful provision within the immigration rules as it safeguards immigration status while the Home Office processes the immigration application, preventing the person becoming an overstayer or illegal worker for example, in the event the new visa is not in place before the old visa expires.
Section 3C leave can also extend existing permissions where an in-time fee waiver request is made and a valid visa application is then made within 10 working days of the fee waiver decision. This effectively means applicants will not be disadvantaged by having to factor in the fee waiver process and ensure they can still benefit from the section 3C leave provisions.
The amendments coming into effect this Autumn confirm that the application made following a fee waiver decision must be the same application specified in the fee waiver request.
These changes were prompted by concerns that applicants may have been extending their leave under section 3C by making a human rights fee waiver application, and then varying to a different application, following confirmation that the fees can be waived, and seeking to rely on the fee waiver process to ensure they retain 3C leave. The changes further clarify that, where an applicant varies their application from the fee waiver request, the date of the varied application is the date that the application was submitted, not the date of the fee waiver request.
The effect of this is that section 3C may not apply if the variation application is made after the original visa expired and the applicant risks overstaying their permitted leave.
A change also confirms that even where applications are varied, there is a single period to enrol in biometrics as part of the application process. This aims to stop applicants from repeatedly varying applications without enrolling their biometrics. Because the Home Office will not consider a visa application prior to biometric enrolment, this meant applicants could delay the process, and continue to benefit from section 3C leave, while their application remained outstanding.
These changes mean that employers need to carefully monitor the visa expiry dates, deadlines, and application statuses of workers to ensure compliance with the updated Immigration Rules, and avoid the risk of employing individuals on expired visas where they do not benefit from section 3C leave. Employers will need to pay close attention to the Employer’s guide to right to work checks for information on the specific checks that must be carried out when someone claims to be covered by section 3C leave.
Changes to facilitate the UK rejoining the Erasmus+ programme
More than six and a half years after officially leaving the European Union, the UK is set to rejoin the Erasmus+ scheme in 2027. The Statement of Changes has introduced definitions and clarifications before the programme’s return.
Visitors to the UK will be permitted to study at UK state-funded schools and academies participating in an Erasmus+ Project and will be able to be hosted on short-term study placements of up to six months. Safeguarding measures and new eligibility requirements have also been introduced to ensure the legitimacy and safety of participants under the age of 18.
The range of activities permitted under the Visitor route now includes participation in workshops, debates and attending skills competitions, provided relevant eligibility requirements are satisfied. A subsection has also been added to set out Erasmus+ activities that eligible participants can undertake. These include receiving training or attending courses at UK-based organisational or educational institutions, undertaking a traineeship for up to 30 days at a UK-based organisational or educational institution, job shadowing at a UK-based organisation, or participating in coaching and training at a UK-based sports organisation.
The changes will also enable Erasmus+ students to meet Student and Child Student visa routes where they otherwise would not be eligible. Students undertaking a relevant course will be able to be sponsored under the Student route regardless of whether the course leads to an approved qualification – a notable difference from current rules, where individuals must be studying an approved qualification or a pre-sessional English language course in order to be eligible. Students who are Erasmus+ participants at a participating sponsor will also be able to be sponsored under the Student route where the course is at Regulated Qualifications Framework level 2, a level lower than the current requirement.
When Student sponsors are first granted a sponsor licence, they hold a Probationary Sponsor status, at which point they are unable to offer work placements for below degree-level. When the UK rejoins the Erasmus+ scheme, eligible sponsors will be able to offer below degree-level work placements during their probationary period. This is significant for any businesses looking to sponsor students under the Erasmus+ scheme.
Work placements for those on Student visas are currently restricted to a maximum of one third of the total length of the course, or half the length of the course if it is a degree-level course or above. Erasmus+ participants will be exempt from these restrictions and will be able to undertake higher proportions of work placements. The Scheme is also being added to the Appendix Government Authorised Exchange Schemes, another route enabling people to come to the UK for work experience or training, though it should be noted that this does not create a new immigration route or affect the existing sponsorship system.
These changes come into effect on the 8th of October 2026, though the Erasmus+ scheme does not commence until the 1st of January 2027.
As well as being incredibly positive changes for students and sponsors alike, these changes are representative of the more positive discussions taking place on a UK / EU basis in the post Brexit landscape. We remain cautiously optimistic that an EU/UK youth mobility agreement can also be made and implemented in the coming years which would allow young people across the UK to obtain visas enabling them to live, work and study in the EU and vice versa for a fixed period, usually 2-3 years.
Changes in Appendix Visitor: Permitted Activities to improve clarification
A small but helpful change has been made to the visitor route. Under this route, people can visit the UK for tourism, leisure and also to carry out certain permitted activities. The list of permitted activities is strict, and visitors must adhere to the activities on the list or they risk consequences such as being considered illegal workers in the UK.
One of the current permitted activities is that visitors;
“may receive training from a UK based company or organisation in work practices and techniques which are required for the Visitor’s employment overseas and not available in their home country”
Another permitted activity is that artists, entertainers, or musicians may;
“give performances as an individual or as part of a group”
The rules will be clarified and updated in line with free trade mobility commitments. Individuals under the Visitor route will no longer need to demonstrate that the training they wish to undertake in the UK is unavailable in their home country. This broadens the opportunities for employers wishing to provide training to their workers, especially for globally mobile workforces.
In the entertainment industry, artists, entertainers, and musicians will be permitted to attend rehearsals under the Visitor route, while entertainment staff will be able to assist with the permitted activities.
The small but significant changes to the visitor rules will clarify the basis on which people can lawfully visit the UK.
What should businesses do now?
Businesses should continue to reduce the risk of exploitation of workers and ensure strict compliance with changes to modern slavery protections. Businesses should also review the Home Office’s clampdown on rules relating to fee waivers and 3C leave processes.
The return to the Erasmus+ scheme in 2027 presents a host of opportunities for businesses, who should consider the expansion of activities and greater flexibility when holding a Probationary Sponsor status.
Consideration should also be given to sponsor licence conditions, eligibility requirements and safeguarding measures that must be strictly adhered to. The broadened permitted activities for individuals under the Visitor route present greater opportunities for businesses seeking to provide training to eligible individuals and clarify ambiguity under previous rules.
If you have concerns about how these changes may affect your sponsor licence or compliance obligations, please feel free to contact a member of our Business Immigration team today.
Rachel is a Trainee Solicitor in our Employment and Immigration team.... Read More
Alex Christen
Partner
Business Immigration, Employment, Employment Investigations, Equality & Diversity, International
Alex is a Partner in our Employment and Immigration team. Alex leads the business immigration team, successfully supporting companies and individuals with immigration issues, including understandin... Read More
