The Home Office has laid a new Statement of Changes in Immigration Rules (HC 259) before Parliament on 9 July 2026. Among the changes is a welcome amendment to Appendix Graduate, the route commonly known as the Post-Study Work (PSW) visa. This change fixes a long-standing gap that left some UK-born children of Graduate visa holders without a clear route to lawful status.
What has changed?
Under the amendment, a child born in the UK during a parent's current grant of Graduate route permission can now apply as a dependant. The child will be granted permission in line with the parent.
Why was this change needed?
Until now, dependant eligibility on the Graduate route was limited to dependants who already held permission under the Student route. In simple terms, a child could only stay in the UK as the dependant of a Graduate route holder if that child had previously held leave as the dependant of a Student.
The Rules made no provision for a child born in the UK after the parent had already moved onto the Graduate route. According to the Home Office's Explanatory Memorandum, this resulted in a small cohort of UK-born children having no clear, Rules-based route to regularise their status in line with their parent.
This created real difficulty for families. A baby born in the UK to a Graduate route parent fell outside the dependant provisions entirely, even though the parent held valid permission. Families in this position had no straightforward answer within the Immigration Rules.
What the amendment does and does not do
The Home Office has been clear about the scope of this change. The amendment:
Allows a child born in the UK during the parent's current Graduate permission to apply as a dependant
Grants that child permission in line with the parent
Aligns with the existing structure of the Graduate route
It does not:
Expand dependant eligibility from overseas
Create a route to settlement
So this is a targeted fix. It closes a gap for children born here during the parent's Graduate leave, nothing more.
When does this take effect?
The Explanatory Memorandum confirms that the changes in HC 259 will come into effect on various dates from 3rd Aug 2026. The specific commencement date for each change is set out in the implementation section of the Statement of Changes itself. Guidance will be updated on GOV.UK when the changes take effect.
What this means for Graduate route families
If you hold Graduate route permission and your child was born in the UK during your current grant of leave, you will soon have a clear, Rules-based option to apply for your child as your dependant. Your child's permission will match yours.
If you are in this position, it is sensible to take advice before applying. The timing of the application, the evidence required, and how the new provision interacts with your own leave all need to be considered carefully. Our team advises on visa applications across the full range of UK immigration routes and can guide you through the process. Book a consultation with us to discuss your situation.
The wider Statement of Changes
HC 259 makes changes across several areas of the Immigration Rules, including provisions for children under Part 8, Appendix FM, suitability requirements relating to immigration bail, the EU Settlement Scheme, and the extension of Diplomatic Visa Arrangements to Indian diplomatic passport holders. We will cover the most significant of these in separate updates. You can also read our recent success stories to see how we help clients with complex immigration matters.
How NARA Solicitors can help
At NARA Solicitors, we handle personal immigration matters including dependant applications, visa extensions, and complex family situations. If your child was born in the UK while you hold Graduate route permission, or if you are unsure how these new Rules affect your family, our team is ready to provide the guidance and support you need.
Book a consultation with NARA Solicitors today.
