The UK government has today published the much-trailed Immigration White Paper 'Restoring Control Over the Immigration System' which sets out plans for radical reforms to the UK's immigration system. While there is no timeframe yet for many of the changes, new immigration rules are set to tighten up the UK's immigration system, across various visa categories. We have highlighted below the key proposals which are likely to be of particular relevance to employers and businesses.
- Settlement in the UK – currently, those who come to the UK on work visas can apply to settle in the UK (i.e., settlement) after five years in the UK. This qualifying period is set to be doubled to 10 years under the proposed new rules, although the government plans to consult on a new 'earned settlement' route, offering a shorter pathway to settlement based on contributions to the UK economy and society. The government also proposes to make changes to British citizenship applications, potentially increasing the standard qualifying period, subject to consultation.
- Increasing minimum skill level for Skilled Worker visas – Skilled Worker visas currently cover roles which are skilled to at least Regulated Qualifications Framework (RQF) 3 (around A' Level standard). The skill level will be raised back up to RQF 6 or graduate level (which was previously the skill level under the old Tier 2 (General) visa route which the Skilled Worker route replaced). This change will significantly reduce the number of roles suitable for Skilled Worker sponsorship and the government estimates a reduction by approximately 180 types of roles. Existing holders of Skilled Worker visas will continue to be able to extend their existing visas but new applicants will be required to meet the new skill level.
- Temporary shortage occupation list – to be introduced to cover lower skilled roles which have identified shortages, where a 'workforce strategy' for training and upskilling the UK workforce will be required. Lower skilled visas under this route would be subject to restrictions on duration and caps on the number of visas, as well as restrictions on the ability to bring dependants. The existing 'Immigration Salary List' which allows certain roles to be paid a reduced salary level will be abolished.
- Increase to immigration skills charge (ISC) – the ISC will be significantly increased. The charge currently applies at the rate of £1,000 per year of the visa. This will increase to £1,320 per year of the visa for medium and large sponsors. This increase will be in addition to the increase already brought in for visa application fees earlier this year, including the 120% increase to certificate of sponsorship (CoS) fees from £239 to £525.
- Increasing the minimum salary level for Skilled Worker visas – salary thresholds will also rise and, in particular, individuals who wish to bring dependants to the UK will be required to meet a higher salary threshold in order to qualify to do so.
- English language tests – individuals applying to come to the UK under the Skilled Worker employer sponsored visa route are already required to show their knowledge of English meets that of an 'independent user' or level B1 of the Common European Framework of Reference for Languages (CEFR). The level requirement will be increased to level B2 of the CEFR. Adult dependants will also be required to show their level of English language is at least A1 (basic user level) with a requirement to show progression to A2 for any extension and B2 to apply for ILR or settlement – currently adult dependants are not required to meet the English language requirement.
- Restrictions on Graduate visas – the period of post study work permitted for graduates following successful completion of a degree in the UK will be reduced to 18 months, down from the current 24 months permitted.
Some of these changes will be subject to consultation and further details will be set out later this year, including the proposed changes to settlement in the UK and British citizenship. Most of the changes will require primary legislation (such as changes to the qualification period for British citizenship) whilst other changes will be brought in via changes to the UK Immigration Rules over the coming months.
Whilst we do not yet have clarity on the timings for some of the changes, the White Paper sets out a clear direction of travel for the UK Government in its stated aim of reducing immigration levels. We will continue to provide further updates once more detail on the changes are set out. If you have any questions or would like to discuss the proposals, please do reach out to your usual contact within the team.
