UK Immigration Reform – deeper restrictions on the horizon

The UK Labour Government has this week published a White Paper on immigration changes that seems to coincide with the recent UK local elections to try and counter the rise of the Reform party. 

These proposals are not yet law and we anticipate that the announcement may ironically lead to an increase in visa applications over the coming months to ‘lock in’ the current Rules. 

We understand that current visa holders should not be affected by the bulk of these changes as immigration law is rarely retroactive. However, we will need to wait for the draft legislation and Immigration Rule changes to see. 

The detail of the changes contains a significant degree of political rhetoric, running to over 75 pages, but can be condensed to the following:

1. The skill level for new Skilled Worker visas is going back to university level and above (i.e. from RQF Level 3 to RQF Level 6). This is a step back to pre-2020 skill levels.
2. The Skilled Worker English language requirement will increase from Level B1 to B2. B2 represents a higher level of proficiency than B1 (an intermediate level), with greater ability to understand and produce complex language and engage in more nuanced and spontaneous communication.
3. Re-branding the ‘Immigration Salary List’ created in 2024 to reduce the minimum salary thresholds for certain roles where there is an established shortage of available workers in the UK. The new ‘Temporary Shortage List’ will list certain roles below university level that are still eligible for a Skilled Worker list based on a continuing shortage in the labour market. Workers in these roles will not be able to bring dependant family members to the UK. 
4. End overseas recruitment of social care workers. There will be a transition period for in UK care workers until 2028.
5. Increase the Immigration Skills Charge by 32%. This is a charge to businesses sponsoring skilled workers and will increase the yearly cost of sponsoring a Skilled Worker from £364 to £480 for small businesses and from £1,000 to £1,320 for larger businesses. 
6. A greater emphasis on compliance, penalties and sanctions for those sponsors (work and student) who are deemed not to be ‘following the rules’. Possibly introducing a levy on international student tuition fees of up to 6%.
7. The standard route to settlement (also known as indefinite leave to remain or permanent residence) for certain visas will increase from 5 years to 10 years. There will be some exemptions called ‘earned settlement’ to keep the route to 5 years but these have not yet been announced. For such settlement applications, applicants will need to show Level B2 in English (the current level is B1). 
8. Adult dependants of workers and students will have an English language requirement of A1. At the moment, there is no language requirement for such applicants. 
9. The visa route for family members of British nationals and those who are settled in the UK will have a major overhaul or replaced all together with tighter rules on eligibility and suitability. Exceptional cases will be defined by Parliament.
10. The Graduate visa route for students who have studied at university in the UK will be reduced from 2 years to 18 months in duration. 
11. Growth visas like the Global Talent visa and High Potential Individual visas will be made ‘simpler’. 
12. A new ‘bereaved parent’ visa will be created.
13. Finally, the biggest reform to UK citizenship law since the early 1980s will increase the minimum residence period from 5 years to 10 years to align to ‘Earned Settlement’. One exemption to this will be for family members of British citizens. Further exemptions are yet to be announced. 

It is somewhat disheartening to see yet another set of UK immigration rule changes that seem to be politically motivated and the rhetoric of ‘tackling abuse’ when it is Government that sets out the Policy and Parliament that sets out the rules. It is our hope that in the months to come, the proposed consultation process allows for a proper assessment of the proposals in a fair and non-political manner.