Tightening of Immigration Laws Imminent: What Should We Expect?

The threshold for Skilled Workers will be raised – individuals applying for Skilled Worker visas will now generally need a degree-level qualification (so-called Regulated Qualifications Framework level 6) as opposed to an A-Level qualification equivalent (RQF 3). The salary thresholds will therefore also rise in line with this requirement.

Existing Skilled Worker visa holders will still be able to renew their visa, change their employment, and take further employment in accordance with the “old” rules.

Skilled Worker visas will still be provided for jobs that are assessed at a below RQF 6 requirement, but this will be on a “time limited basis” and only where steps are being taken to reduce the recruitment shortfall from the domestic workforce.

A special visa for providers of social care will be abolished, reflecting the Government’s proposal to end overseas recruitment for such work. However, visa extensions will be permitted until 2028. Furthermore, those who have gathered working rights on existing visas will be able to switch sponsor during their visa term.

Overseas students that have graduated in the UK will be able to remain in the UK after their studies for a period of 18 months, which is a reduction from two years.

The Government will look into introducing a levy on higher education provider income from international students, which will then be reinvested into the higher education system – with details to follow in the Autumn budget.

The standard qualifying period for settlement will be doubled – meaning that those seeking a right to stay indefinitely will need to have lived in the UK for a period of ten years, up from five.

The white paper makes clear, however, that there will be a shorter pathway to settlement for non-UK dependants of British citizens, which will remain at five years.

There will also be a fast-track route for high skilled individuals in particular roles, but specifics will be set out following a consultation.

The Government will raise language requirements across all work visas. The need to have a basic understanding of English will be expected of those coming as an adult dependent of another individual holding a visa.

The Government will increase the ISC by 32% to bring the fees in line with inflation.

The white paper includes a raft of measures designed to increase the number of individuals arriving on very high talent routes and make it faster for individuals with skills that are needed to increase UK growth in particular industries. For example, the Government seeks to make it easier for “top scientific and design talent” to use the Global Talent visa.

The Government will roll-out a digital eVisa programme incorporating new systems for checking visa compliance for all foreign nationals resident in the UK. This will replace the former Biometric Residence Permit cards and aims to have a “transformative” impact on immigration controls.

More generally, the Government aims to set out detailed reforms and measures to ensure that laws are upheld, to include new procedures for the Home Office and help that department to readily take enforcement and removal action.

The most significant changes are the increased thresholds to the Skilled Worker visa, and the planned withdrawal of the Social Care provider visa – and employers will need to take note particularly those in relevant sectors with resourcing concerns. Employers will be forced to recruit from the UK labour market in certain sectors, and the reforms mean that those roles eligible for sponsorship will be much reduced.

Interestingly, the white paper does not detail an overall cap on net migration, instead promising to reduce it “significantly”. We expect that some of the more broader aims of the white paper will be dealt with by subsequent legislation and consultations, to give “teeth” to those proposals.