Proving that immigration policy is cyclical, and bringing few new or exciting ideas to the table, today's immigration white paper marks a return to many of the maligned features of the Theresa May-era sponsored work visa system.
There are no specific implementation dates for any of these policies yet, but we would expect to see most by Autumn.
Key takeaways
1. There will be a ban on overseas care worker recruitment. Sponsors will continue to be able to sponsor foreign carers already living in the UK until 2028.
2. Future work visas on the Skilled Worker route will be restricted to occupations that require a degree, as they were under the old ‘Tier 2’ route pre-2020. This will reduce the number of eligible occupations by around 180, cutting chefs; ship officers and engineers; seafarers; and care workers.
3. Salary thresholds for sponsorship will rise (again). We haven't been told to what. Current threshold is £38,700 (or £30,960 for new entrants). It's unclear if the rise will be to the absolute minimum rate, or to the ‘going rate’ publicised for each occupation.
4. Minimum English language level for sponsorship will increase from level B1 to level B2 in reading, writing, listening, and speaking.
5. Changes to occupation, salary, and language thresholds will not affect existing Skilled Worker visa holders, who will be able to continue living and working in the UK under the existing framework. This will create a valuable secondary market in existing Skilled Worker visa holders.
6. ‘Immigration Salary List’ out, ‘Temporary Shortage List’ in. Sound familiar? It is. The ‘Immigration Salary List’ only recently replaced the previous ‘Shortage Occupation List’. Much like the old Shortage Occupation List worked under the Tier 2 system, the new Temporary Shortage List will allow recruitment in certain (as yet unspecified) RQF3-5 level occupations, which will be recommended by the Migration Advisory Committee.
7. Currently, Skilled Workers become eligible for settlement (indefinite leave to remain) after five continuous years of work in the UK. Settlement gives the holder an unrestricted right to live and work in the UK and puts them on a similar footing to citizens. Qualification time to settlement will be doubled from five to ten years, with a suggestion that points-based factors can reduce this time, based on positive contributions to the UK. It’s unclear if there will be transitional provisions to preserve the current rules for existing visa holders.
8. The Innovator Founder visa for entrepreneurs will be reviewed. This is potentially a helpful development as there are currently no good visas for entrepreneurs looking to invest in setting up a business in the UK.
9. Graduate visa duration will be reduced from two years to one and a half years (18 months).
10. It’s still to be confirmed in the Autumn Budget, but there will likely be an introduction of a government levy on higher education provider income from international students, to be re-invested into the ‘higher education and skills system’.
11. Family migration framework will be reformed, aligning policy between British citizens, settled people, and those on work or refugee routes. It sounds like the stringent financial requirements for Brits to sponsor family members will now be applied across the board to other routes.
12. Parliament is going to legislate (again) on where it considers the balance should lay in human rights assessments under Article 8 of the European Convention on Human Rights, to try and reduce leeway on decision-making bodies, including courts, to determine this (again). This move will seek to decrease the number of visas granted on human rights grounds and make it harder for human rights claims to be established (again).
13. Qualification time to citizenship will also be increased to ten years in line with the changes to settlement, but allowing “those with greater contributions to qualify sooner”. It’s uncertain how they will quantify contributions. It seems likely it will be in financial terms but let’s wait and see. It’s unclear if this will impact the route to citizenship that currently exists for those married to British citizens.
14. Life in the UK test to be “refreshed”. It’s not yet clear what that means, but if you’re sitting with one and are holding off on an application for settlement or citizenship, time to get moving before it expires.
Action points for employers
Action points for employers
- Urgently review your sponsorship requirements for the upcoming year.
- Expedite any overseas recruitment plans to take advantage of the current framework.
- Consider longer-term implications on recruitment strategy now.
Action points for individuals
- If you are eligible for settlement or citizenship and have been holding off on applying, apply now! There’s no reason to delay. We don’t know the full details of the changes yet, but we do know enough to say that things will not get any easier. Apply now without delay.