Outside the Immigration Rules and human rights applications

This topic covers applications for leave to enter or remain on human rights grounds, and on grounds other than those set out in the Immigration Rules. This includes applications that:

  1. request that the Home Office exercises its discretion to grant leave outside of the Immigration Rules (the Rules)

  2. request that the Home Office grants leave outside of the Rules in line with a published concession, and/or

  3. allege that the refusal and/or, in the case of leave to remain applications, the removal of a person consequent to the decision, would breach their rights under Article 8 of the European Convention on Human Rights 1950 (ECHR)

Article 8 of the ECHR confers the right to respect for a person’s private and family life, home and correspondence, but is a qualified right which means that a contracting state can interfere with the right in certain circumstances. As from 9 July 2012, the Secretary of State for the Home Department (SSHD) adopted a more codified approach to the assessment of Article 8 claims, formulating Immigration Rules which purport

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PAC criticises Home Office over failures to tackle exploitation under skilled worker visa route

The Public Accounts Committee (PAC) has found that the Home Office failed to adequately address the risk of exploitation and non-compliance under the skilled worker visa scheme, particularly in the care sector. In its 4 July 2025 report, the PAC criticises the department for failing to prevent abuse following the scheme’s 2022 expansion to support adult social care, highlighting serious weaknesses in safeguarding, compliance monitoring, and tracking of visa expiries. While the expansion helped alleviate workforce shortages during the pandemic, it also exposed migrant workers to exploitation, with evidence submitted to the inquiry detailing cases of debt bondage, excessive working hours and poor living conditions. Despite early signs of abuse, the Home Office was slow to respond and does not hold data on how many visa holders have been identified as potential victims of modern slavery. The PAC further found that the department lacks key data on visa compliance, including whether workers leave the UK at the end of their stay, are re-sponsored, or remain unlawfully, and has not analysed exit check data since the route’s introduction. In light of the recent decision to end overseas recruitment for care workers, the PAC warns of further risks unless cross-government workforce strategies are coordinated and calls for a joined-up approach to tackling exploitation and addressing domestic skills shortages.

Statement of changes in Immigration Rules, HC 997—analysis

Immigration analysis: the Lexis+® UK Immigration team outlines the main changes set out in HC 997, published on 1 July 2025. The Statement primarily implements the first tranche of significant changes that had been announced in the 12 May 2025 Immigration White Paper ‘Restoring control over the immigration system’, notably raising the standard skill level for Skilled Worker to Regulated Qualification Framework (RQF) level 6 and closing off entry clearance applications from careworkers and senior careworkers, with a sunset for permitted in-country switches to 22 July 2028. The skill level change has been somewhat tempered by the retention (and slight expansion) of the Immigration Salary List until 31 December 2026 and the creation of a new interim Temporary Shortage List, which will be subject to review and will also be removed by that date. This will enable persons in certain RQF 3–5 occupations to still commence sponsorship as new applicants for a limited period, although they will not be able to bring dependants. However, even with these measures, there will be 111 roles which can no longer be sponsored. There has also been a raft of changes to salary levels in Skilled Worker and various other work routes, which are primarily increases, and are in line with the latest (2024) Annual Survey of Hours and Earnings (ASHE) data, published by the Office for National Statistics. In another change, which was not anticipated, the government has shut down for new applicants with immediate effect the Afghan Relocation and Assistance Policy (ARAP) and the Afghan Citizens Resettlement Scheme.

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