The government’s long awaited White Paper Restoring Control over the Immigration System has been published today. As part of the Home Secretary’s foreword in the Paper, she states that the plan will “restore order, control and fairness to the system, bring down net migration and promote economic growth”. The proposals signal a marked tightening of the UK’s approach to both legal and illegal migration, or so it says, as the Paper lacks much of the detail which would be required to substantiate that.
It is not yet clear how or when these new measures will be introduced (they are described as ‘plans’ throughout the Paper). As ever, the devil will be in the detail but we have summarised the key points likely to affect UK businesses, with our commentary below:
- Skilled Worker skill threshold: This will increase from RQF 3 (A level) to RQF 6 (Graduate level) or above. This will mean that the number of eligible occupations will be reduced by around 180. This will not affect existing Skilled Worker visa holders who will continue to be able to renew their visa, change employment and take supplementary employment, in currently eligible occupations below RQF 6. However, applicants from overseas or those applying to switch from other routes will have to meet the higher skills threshold. We are also told that salary thresholds will rise but without any detail on the level of increase. These measures could be introduced relatively quickly so employers intending to sponsor lower skilled workers (including existing employees with Graduate visas) should consider submitting applications sooner rather than later.
- Temporary Shortage List: Occupations with a skills requirement of RQF 3-5 (below degree level) will only qualify for sponsorship on a time limited basis where they are included on a new Temporary Shortage List. Occupations will only be included on the list where
- there have been long term shortages,
- the Migration Advisory Committee has advised it is justified,
- there is a workforce strategy in place, and
- employers seeking to recruit from abroad are committed to playing their part in increasing recruitment from the domestic workforce.
In this sense, it appears that the requirement to carry out additional training to be able to use the Skilled Worker route will not apply to an employer sponsoring roles skilled at RQF 6 or above.
- Immigration Skills Charge: this is currently £1,000 (for medium/large sponsors) or £364 (small sponsors) per year of sponsorship and is paid up front at the time of the application, and will be increased by 32%. Again, this could be introduced at short notice so employers should consider accelerating planned applications to beat the increase deadline.
- English Language requirement for visa applications:
- Increased language requirements for Skilled Workers and workers where a language requirement already applies from B1 to B2 (Independent User) levels, in accordance with the Common European Framework for Reference for Languages (CEFR).
- A new English language requirement for all adult dependants of workers and students at level A1 (Basic User) to align to spousal and partner routes, likely increasing this requirement over time.
- Requirements to demonstrate progression to level A2 (Basic User) for any visa extension, and B2 (Independent User) for settlement.
- Increase existing requirements for settlement across the majority of immigration routes from B1 to B2 (Independent User).
For employers hiring applicants whose first language is not English, this may mean longer lead-in times before submitting applications and/or dependants applying to join the main applicant in the UK at a later date once their English language ability meets the required threshold.
- Graduate visas: these currently allow international students who have completed an eligible higher education qualification in the UK to work for any employer in any role, and will be reduced from 2 years to 18 months.
- Compliance: the Paper talks in general terms about innovative financial measures, penalties or sanctions, measures which will support compliance with visa conditions, the establishment of the Fair Work Agency to co-ordinate stronger action against exploitative employers, tougher rules on sponsors flouting employment law, strengthening the civil penalty regime, increasing resources into preventing illegal working as well as using visas and modern biometric technology to support raids. However, there is no detail about what any of this will mean in practice.
- Earned Settlement: the qualifying period for settlement for Skilled Worker visa holders will increase from five to ten years, although individuals will also have the opportunity to reduce that period through contributions to the UK economy and society. The government will consult on these changes later this year so it unlikely that anything will change in the short term.
- Social Care visa route: This will be closed to new applications from abroad. For a transition period until 2028, permit visa extensions and in-country switching for those already in the country with working rights will be permitted but this will be kept under review.
- Labour Market Evidence Group: We are told that the group “will focus on sectors / occupations which are central to industrial strategy, which currently have high levels of reliance on migration for their workforce, or which are anticipated to in future and will make recommendations about sectors or occupations where workforce strategies are needed, or where the labour market is currently failing” and “drawing upon the evidence base gathered by the LME Group, key sectors where there are high levels of recruitment from abroad will need to produce, or update, a workforce strategy which relevant employers will be expected to comply with. This will detail steps to be taken on skills, training, and broader conditions, as well as engagement of the economically inactive domestic labour force”.
- Global talent: the Paper talks in general terms about: “ensuring that the very highly skilled have opportunities to come to the UK and access our targeted routes for the brightest and best global talent” and “Increasing the number of people arriving on our very high talent routes, alongside faster routes for bringing people to the UK who have the right skills and experience to supercharge UK growth in strategic industries” and “a targeted and capped expansion of the HPI route, looking to double the number of qualifying institutions, whilst maintaining the focus of the route on individuals that will have the most benefit to the UK workforce and ensuring that any necessary safeguards are in place” but provides no detail beyond that to be of any material assistance to UK employers at this stage.
What action should employers take?
Although some of the planned changes will be subject to consultation via the Migration Advisory Committee and/or require new legislation, others could be introduced within a matter of weeks or months through changes to the Immigration Rules. UK businesses reliant on employing overseas workers should therefore:
- Review the skill level of their sponsored workforce (both existing and prospective) and consider whether any applications should be submitted earlier than originally planned.
- Review recruitment budgets and forecasts to take into account the increase in the Immigration Skills Charge and the ongoing cost of maintaining a Skilled Worker visa for 10 years rather than 5.