Last week the UK Government published its long-anticipated White Paper, “Restoring Control over the Immigration System”. The Government’s key message in the lead-up to the paper’s publication was that the immigration system would be “radically reformed” to be “controlled, managed and fair”. In practice, this seems to mean further limits on work and study visas, changes to settlement criteria, and reform to family migration routes.
Below we explore a summary of the main changes:
Work Routes
Increasing the minimum qualification level for jobs eligible for sponsorship from RQF3 (equivalent to A levels) to RQF6 (degree level), effectively reversing the 2020 rules change that lowered minimum qualification levels following Brexit. This will significantly reduce the roles that an employer can sponsor a migrant worker to fill by roughly 180 occupations
Salary thresholds will rise, although there is no indication what the new thresholds would be
Language proficiency standards for Skilled Worker will increase from CEFR B1 to B2 level. A new English language requirement will be imposed on adult dependants of workers at CEFR A1 level for initial visa application, and CEFR A2 for extension application
A ‘Temporary Shortage List’ – replacing the current Immigration Salary List – will allow sponsorship of roles that are below RQF6 for limited periods, but the Government has made it clear this will be limited to occupations where there have been long-term shortages. The number of visas issued may be capped
Visa route for social care will be closed to new applicants from overseas. Until 2028, anyone already in the UK under this category will be able to extend their visas or change employer (provided the application is made in-country only), but this will be kept under review
Immigration Skills Charge, a fee paid by employers when sponsoring a migrant worker, will increase by 32%. Employers and applicants have seen substantial increases to visa-related fees since spring 2024. This is yet another cost to employers, making sponsorship even more prohibitive
Introduction of a workforce strategy requirement for certain key sectors seeing high levels of recruitment from abroad, aimed at maximising use of the UK workforce and increasing skills training
Non sponsored individuals
Changes will be made to these routes in order to retain and/or attract the best and brightest global talent
The Global Talent visa will be made simpler and easier for “top scientific and design talent”
Innovator Founder visa will be reviewed with the aim of supporting entrepreneurial talent studying at UK universities to build their business and career in the UK
The list of educational institutions that qualify students for High Potential Individual visas will be increased, possibly doubling the current number. This is an attractive visa route for those looking to work or set up a business here. However, the expansion of this route will be “targeted and capped”
The number of workers that an overseas business can send to the UK will double with the aim of establishing a presence in the UK
Students and Graduates
Compliance threshold for sponsoring institutions will be raised by 5% for each metric – for example they will need to maintain a higher course enrolment rate of 95% and course completion rate of 90%
Graduates will only be able to remain in the UK for a period of 18 months following their studies, decreased from the current two years (or three years for PhD graduates). Student visa numbers already dropped when the rules changed to restrict students from bringing their dependants to the UK. This change could further discourage students to choose to study at UK institutions
An additional levy may be charged – presumably similar to the Immigration Skills Charge payable by employers – on higher education provider income from international students. Again, this extra cost could make the UK less attractive to students
Family Migration
Promised reform of family migration routes by the end of the year. This may include changes to the financial requirement (currently the spouse of a British citizen usually needs to show income of at least £29,000 per year for a successful visa application)
The Government will be making changes with the aim of minimising discretionary applications (i.e. applications that are considered on outside of immigration law) that are currently made on the basis of exceptional circumstances
Settlement and Citizenship
The current qualifying residency period of five years for settlement will increase to ten years (except for those who are here as a family member of a British citizen – this will remain five years). Remaining on a temporary immigration route for an additional five years means extra costs and uncertainty for migrants and their employers
Changes to the qualifying period for British citizenship, details of which have not been released
Other proposed changes
Continuing emphasis on illegal working. The current rules that apply to major banks to prevent illegal working will be extended to other financial institutions
Border control to utilise facial recognition technologies so people will not have to present their passport at UK borders
The changes proposed are wide and sweeping, and have potential to make the UK less attractive to overseas talent in the long-run. Doubling the qualifying period for settlement and citizenship from five to ten years has already caused concern among migrants currently living in the UK, and may well make potential migrants reconsider their choices to relocate here.
Since coming to power, the current Government has reiterated its intention to reduce net migration figures and the reliance of employers on overseas recruitment. Ironically, on the same day that the White Paper was published, the Government also released a report showing the share of income tax revenue alone contributed by Skilled Workers, Senior or Specialist Workers, Health and Care Workers and their dependants was just over £5.2 billion in the financial year to April 2024 (see here for the report).
Despite being 82 pages, the White Paper does not divulge how employers will be discouraged from recruiting from the international labour force. We know the Government will rely on Skills England (launched last year) to work with organisations such as the MAC and trade unions to co-ordinate between skills training and immigration policy. Further, the Government has promised that employers will be stripped of the ability to recruit from overseas if they do not show good progress towards their workforce training plans.
It is likely that the first changes will relate to work and sponsorship. Some reports state that the health and care visa category could be withdrawn to new applicants as early as June. In addition, the MAC is due to report to the Home Office on the financial requirement for family members of British citizens. Depending on the recommendation made by the MAC, we may also see a change in the financial requirement this summer.
The proposals in the White Paper will affect migrants and employers across the board but it is important to remember that it will take time for new legislation to be passed, and that many of these proposed changes will need to go to consultation before being implemented. While we wait for further information, we recommend liaising with your legal advisers to understand how you may take advantage of current rules, and how best to navigate the changing landscape of immigration law under the current Government.
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Disclaimer: This publication is provided by Laytons LLP for informational purposes only. The information contained in this publication should not be construed as legal advice. Any questions or further information regarding the matters discussed in this publication can be directed to your regular contact at Laytons LLP or Laytons’ Immigration team.