Statement of Changes to the Immigration Rules HC 259

One of the most significant changes concerns people who are on immigration bail.

Across many immigration routes, the Rules now state that immigration bail will not necessarily prevent an application where the “Exceptions for overstayers” section of Part Suitability applies.

This wording has been introduced into routes including Skilled Worker, Student, Graduate, Global Talent, High Potential Individual, Scale-up, Innovator Founder, UK Ancestry, Long Residence, Private Life and various Temporary Worker routes.

HC 259 also makes important changes affecting people who have overstayed their immigration permission.

Across numerous routes, the Rules now expressly provide that a period of overstaying may be disregarded where the Exceptions for overstayers in Part Suitability apply.

This is one of the clearest and most important changes for families.

From 3 August 2026, the Graduate route expressly provides that a dependant child can qualify where the child is:

“a child born in the UK to a Graduate who holds existing permission to stay in the Graduate route.”

This is particularly important because the normal Graduate dependant rules are restrictive. HC 259 therefore provides an important specific provision for children born in the UK during the parent’s Graduate permission.

HC 259 also changes Appendix FM, which covers many partner and family applications.

HC 259 also changes provisions relating to children.

The Rules address situations where one parent is present and settled in the UK and the other parent does not have limited permission in the UK.

They also recognise circumstances where a close relative is present and settled in the UK and the child has no other family who could reasonably be expected to support or care for them.

These provisions may be particularly important in complicated family situations involving children and settled relatives.

HC 259 introduces an important provision under the Hong Kong British National (Overseas) route.

This is particularly important for BN(O) applicants whose immigration history includes an asylum claim.

The immigration bail and overstaying amendments are not limited to one or two visa categories.

HC 259 makes similar changes across a large number of routes, including Skilled Worker, Student, Graduate, Global Business Mobility, Global Talent, High Potential Individual, Scale-up, Innovator Founder, UK Ancestry, Adult Dependant Relative, Long Residence, Private Life and several Temporary Worker categories.

This is why the immigration bail and overstaying amendments are among the widest-reaching practical changes contained in HC 259.

For most of the changes discussed above, 3 August 2026 is the key implementation date.

However, HC 259 also contains transitional provisions for certain specified amendments. For those changes, where the relevant application was made before 3 August 2026, it will be decided under the Immigration Rules that were in force on 2 August 2026.