The Government has today published a White Paper, “Restoring Control over the Immigration System”, setting out a bevy of planned changes to the immigration system.
The planned changes are aimed at reducing legal migration and, in keeping with that goal, generally make it more difficult and more expensive to acquire a visa. Changes to the Skilled Worker route are likely to make things more difficult for employers of migrant workers. If you would like advice on how these changes might affect your business, then please get in touch with our Business Immigration Solicitors.
A summary of the key changes is below:
1. A higher skill level will be required for Skilled Worker visas
Currently, jobs skilled to RQF3 (i.e. A-level equivalent) are, generally, eligible on the Skilled Worker route. The Government plans to change this so that the job must be skilled to RQF6 (i.e. degree level).
It is expected that this change will mean that at least 180 occupations will cease to be eligible for Skilled Worker visas (although existing Skilled Worker visa holders will continue to be able to renew/change employment).
In line with the increase to the necessary skill level, salary thresholds will rise, although no figure has been given. Additionally, the White Paper sets out plans to abolish the “Immigration Salary List”, which allows certain occupations to be recruited with a discounted salary threshold.
The White Paper also suggests that there could be a further reduction in eligible occupations in future, with RQF6-level roles not necessarily to have “guaranteed access” to the Skilled Worker route, especially if there is evidence of over-reliance on international workers.
2. Creation of the Temporary Shortage List for less skilled roles
For roles less skilled than RQF6, the White Paper says that there will be a “Temporary Shortage List”. The intention is that roles will be on the Temporary Shortage List on a time-limited basis, and the roles will only be added to the list where relevant employers have put in place a strategy to increase recruitment from the domestic workforce.
Jobs less skilled than RQF6 will need to appear on the Temporary Shortage List to be eligible for sponsorship and there are likely to be caps on the number of visas granted on the Temporary Shortage List.
3. The Social Care route will be closed to overseas applications
The Social Care route will be closed entirely to new applications from those living overseas. Until 2028, current holders of Social Care visas will be able to extend their visa or switch to a new visa – although the White Paper is clear that this is to be kept under review.
4. The Immigration Skills Charge will be increased
The Government is proposing to increase the Immigration Skills Charge by 32%, which would mean a maximum charge payable by employers of migrant workers of £1,320 per year of sponsorship.
The rationale for the increase is inflation since the Immigration Skills Charge was first introduced (in 2017). This suggests that annual increase to the Immigration Skills Charge in line with inflation could also be on the cards.
5. There will be new restrictions on Dependants
It will be harder for migrant workers to bring dependants with them to the UK. First, it is proposed that workers will need to meet a higher salary threshold before bringing dependants, although the amount is to be determined.
Additionally, there will be tougher English Language requirements for dependants. They will need to demonstrate that they are basic users of English when they apply and will be expected to show improvement over time when extending their visa or applying for settlement.
Finally, workers in Temporary Shortage List roles will be subject to further restrictions on bringing dependants to the UK, although the detail of these additional restrictions is not known.
6. The standard qualifying period of Indefinite Leave to Remain/Settlement and citizenship will be increased
Currently, most visa holders must hold a qualifying visa for five years before they can apply for indefinite leave to remain and settle in the UK. This qualifying period will be increased to 10 years.
However, workers may be able to reduce the time required by demonstrating a contribution to economy and society in the UK. This is likely to be a fast-track route for very high earners.
7. Student and Graduate visas will be reformed
Sponsors of students will be subject to much tighter compliance requirements. The “Basic Compliance Assessment” metrics which student sponsors must satisfy are being enhanced by 5% each. This means that student sponsors will need to demonstrate that less than 5% of visas for students they sponsor are refused (previously 10%), that they have a 95% course enrolment rate (previously 90%) and a 90% course completion rate (previously 95%). Sponsors who are close to failing their metrics can expect interventions, including limitations on the number of new students they can recruit while they seek to improve their metrics.
Graduate visas will only last for 18 months instead of two years after the graduate has completed their studies.
Further, the Government is considering introducing a levy on higher education providers on income from international students. Further details will follow in the Autumn Budget.
When will these changes come into force?
We don’t know exactly. A White Paper is a very early stage in the legislative process: it is a policy document setting out proposals for future legislation. It doesn’t change the law itself. So, it’s possible that some of these proposals will be changed before becoming law.
Having said that, it’s clear that the Government wants to move quickly to bring net migration figures down. They want the impact of these new measures to be felt before the next general election (which must be no later than August 2029) and they also say that they believe that the impact will take some years to be felt. Ultimately, that means legislating as soon as possible and as such, it’s important to prepare for the changes sooner rather than later.
If you would like to speak to one of our Business Immigration lawyers about how these changes could impact you or your business, then please email enquiries@bpcollins.co.uk or call 01753 889995.
