Major Changes Ahead for UK Immigration Law

In May, the government published its “Restoring control over the immigration systems” White Paper. 

The stated aims behind the proposals contained in the report are to reform “Britain’s immigration system, restoring control to our borders and reducing record-high levels of net migration”. The measures proposed are designed to make it harder to move to and settle in the UK.

When are the changes coming into force?

As yet, there are no fixed dates for any of the proposals to come into force, but the government has indicated they will be brought in during the “course of this Parliament” (between now and 2029). There will be a consultation period in respect of some of the proposals such as the extension to the qualifying period for indefinite leave to remain. Other proposals may be brought in almost straight away.

The result is that anyone seeking to recruit from overseas now faces a number of significant changes to the rules, the precise nature of which are likely to emerge in the weeks and months ahead. Therefore it is essential to keep up to speed with developments as and  when they happen to avoid compliance issues, and difficulties with recruitment and talent acquisition.

What are the main proposals?

There are a large number of proposals, the precise nature of many of which is not yet clear. However, here are some of the main proposals of which you need to be aware.

Skilled Workers opportunities reduced

• The level required for Skilled Workers will be raised back to RQF 6 (graduate level) and above. This will thereby reduce the number of Skilled Worker eligible occupations.
• The immigration salary list, allowing discounts from salary thresholds, will be abolished and salary thresholds will rise.
• Access to the points-based immigration system will be limited. Access will be limited to occupations where there have been long term shortages and on a time limited basis, with a new Temporary Shortage List. Employers seeking to recruit from abroad will have to implement a workforce strategy and demonstrate commitment to recruiting from within the UK.
• There will be an increase in the Immigration Skills Charge by 32%.

Increased opportunities for highly skilled talent

• Opportunities for the highly skilled to come to the UK will be increased via the existing high talent routes, as well as new, faster routes.  
• There will be an increase in places available on the research interns scheme, making it easier for top scientific and design talent to obtain Global Talent visas. The High Potential Individual Visa may be expanded.
• The number of overseas workers that businesses can send to the UK to establish a UK presence under the Expansion Worker visa will be doubled from five workers to 10. 
• The Innovator Founder visa will be reviewed.

Adult social care visas closed  

Social care visas will be closed to new applications from abroad. There will be a transition period until 2028 during which visa extensions and in-country switching for those already here will be allowed (subject to review).

Study rules changed  

• The minimum pass requirement of each Basic Compliance Assessment (BCA) metric will be increased by five percentage points.
• The period of time whereby a graduate can remain in the UK after completing their studies will be reduced from 24 months to 18 months.
• There will be new “interventions” and an action plan system introduced to ensure better compliance of sponsors.
• There will be a new levy on higher education providers’ income from international students with the money being reinvested into the higher education and skills system.

New English language requirements

New English language requirements will be introduced for both main applicants and their dependants, including an assessment of improvements over time.  

Doubling of the qualifying period for earned settlement and citizenship 

One of the most headline grabbing proposals was the increase in the qualifying period for settlement (right to remain) to be doubled to 10 years. 

The points-based system for settlement and citizenship rules will be expanded and it may be possible to reduce the qualifying period based on an applicant’s contributions to the UK economy and society.

New policies for families

There will be new family policies for those who are British, settled or refugees seeking to bring family members to the UK.

We will keep you advised of the changes and how they may affect you as the details emerge but if you would like to discuss the above, please call 020 3988 0170 or contact us via our website.

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