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The Home Office published a statement of changes providing further details and additional updates to immigration rules intended to reduce net migration.
Key Points:
Additional Information: Individuals will qualify for the current salary thresholds if they submit their applications using a certificate of sponsorship (CoS) assigned prior to April 4 or if they maintain a work permit status and/or a continuous permission to reside in the country and they are extending their stay or changing employers.
BAL Analysis: The measures represent significant changes to the immigration system and are designed to reduce the number of migrants coming to the U.K. Employers should be aware of the increased salary thresholds and their requirements to meet the new general salary thresholds or the going rate for the respective occupation.
This alert has been provided by the BAL Global Practice Group.
Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
The United Kingdom’s Migration Advisory Committee recently recommended that 21 roles be included on the new Immigration Salary List. The ISL is set to replace the U.K.’s Shortage Occupation List, which was the official list of skilled jobs for which workers are deemed to be in short supply. The creation of the ISL was part of a plan, announced Dec. 4, 2023, to curb immigration abuse and cut net migration. The proposal calls for raising the general salary threshold for the Skilled Worker route, replacing the SOL with the ISL and ending the 20% “going rate” discount for occupations on the SOL.
Background: Under the SOL, employers could pay 80% of the U.K.’s minimum general salary threshold of £26,200 (about US$33,048) and hire overseas workers at 80% of the “going rate” for those occupations. In April, the minimum general salary threshold will increase significantly, to £38,700, meaning that the Skilled Worker route will become unavailable for many occupations. In January, the Home Office commissioned the MAC to develop a list of occupations on the SOL that should be included in the ISL. The MAC issued its recommendations on Feb. 23.
The 21 recommended occupations for ISL inclusion represent 8% of the jobs eligible for the Skilled Worker route, compared with 30% of job roles eligible for the Skilled Worker route on the SOL. Being on the list means employers who seek to hire overseas workers to fill vacancies in those occupations will have preferential criteria. MAC recommends that placement on the ISL will give occupations the same 20% discount on the general salary threshold as has been the case with the SOL. It is expected that the U.K. Visas and Immigration visa application fee will remain slightly cheaper for jobs on the ISL.
The MAC is the U.K. government’s independent advisory body on immigration policy. Its recommendations are not binding but are considered influential and are often adopted. A fuller review of the ISL is expected by year’s end.
The Home Office announced a new visa extension that allows Ukrainians arriving after the Russian invasion to apply for an additional 18-month stay.
Additional Information: The Home Office said the additional extension demonstrates the U.K.’s long-term commitment to Ukraine since the start of Russia’s full-scale invasion. “This new visa extension scheme provides certainty and reassurance for Ukrainians in the U.K. on their future as this war continues, and we will continue to provide a safe haven for those fleeing the conflict,” said Tom Pursglove MP, Minister for Legal Migration and the Border.
The Home Office announcement followed shortly after Ukrainian President Volodymyr Zelensky’s speech at the Munich Security Conference. Questions remain over whether Ukrainians will have the opportunity to apply for indefinite leave in the future. BAL will continue to monitor developments regarding the invasion of Ukraine and will provide more information as it becomes available.
This alert has been provided by the BAL U.S. Practice Group.
The United Kingdom’s Electronic Travel Authorization pilot program is available to nationals of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates.
Additional Information: Individuals cannot use a passport issued by one of these countries to apply for an ETA if they are not a national of that country. An ETA will be valid for two years (or to the expiry of the holder’s passport, whichever is sooner) for multiple entries into the U.K. Individuals who are denied an ETA must apply for a Standard Visitor visa, Temporary Work – Creative Worker visa or transit visa.
BAL Analysis: Beginning Feb. 22, nationals of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates will be required to apply for an ETA before traveling to the U.K. By the end of 2024, an ETA will be required for all visitors who do not need a visa for short stays, including those visiting from European countries, Australia and the United States.
The Home Office announced that increased fines for employers and landlords who employ or rent to illegal migrants will take effect Feb. 13.
Background: The increased fines represent the largest increase in civil penalties since 2014. The measure is designed to identify and reduce illegal migration and ensure only those eligible are able to work and receive benefits or access public services. Since the start of 2018, almost 5,000 civil penalties have been issued to employers with a total value of £88.4 million.
BAL Analysis: The Home Office encouraged all employers and landlords to verify the eligibility of anyone they employ or to whom they rent property. The U.K. immigration minister said the increased fines are intended to deter migrants from illegally crossing the English Channel by small boats. Employers should review their processes and be aware of their responsibilities and remain compliant with established rules and procedures.
The Home Office announced that organizations will no longer need to renew their sponsor licenses beginning April 6.
Additional Information: Sponsor licenses due to expire before April 6 must still apply for renewal and pay the appropriate fee before the expiration date.
BAL Analysis: Sponsors can view their license expiration and earliest renewal dates in their sponsorship management system account. More information on the license renewal process can be found at the sponsor guidance website. This a welcome change for sponsored employers and provides additional convenience and cost savings. BAL will continue following developments and will provide updates as information becomes available.
The U.K. Parliament officially approved a new law increasing immigration health surcharge fees, effective Feb. 6.
Background: The surcharge was first introduced in April 2015 and pertains to most visa applicants seeking to remain in the U.K. for more than six months. It does not pertain to visitors or to those applying to remain in the U.K. permanently. The 66% increase to the health surcharge is an element of a broader strategy to increase fees to help fund pay raises for certain public sector jobs. As part of that effort, on Oct. 4, work and visit visa fees increased by 15%, family visas and settlement and citizenship visas by 20% and student visas by 35%.
BAL Analysis: The delayed effective date for the increase is welcome news for applicants. Businesses may see a slight increase in costs because of the new IHS fees. Employers should take the new fees into account when planning their 2024 budgets and may wish to submit visa applications prior to Feb. 6.
The government announced new fees for legalizing public documents starting Jan. 1, 2024.
BAL Analysis: Government officials also stated that consular fees will be reviewed and may increase in the future. Employers should take the new fees into account when planning their 2024 budgets.
Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
The Home Office announced a plan to cut net migration to the United Kingdom next year by 300,000 people.
The measures will cut immigration by reducing the high number of dependents coming to the U.K. and increasing the minimum salaries required for overseas workers and family visa applications.
The changes include:
Additional Information: The U.K. government is prioritizing increasing their domestic workforce through the “Back to Work Plan.” The measures are meant to intentionally reduce net migration and make immigration more expensive for both employers and foreign nationals. Home Secretary James Cleverly said, “It is clear that net migration remains far too high … my plan will deliver the biggest ever reduction in net migration and will mean around 300,000 people who came to the U.K. last year would not have been able to do so.”
BAL Analysis: The measures represent significant changes to the U.K.’s immigration system and are designed to reduce the number of migrants coming to the country. They are set to take effect in spring 2024. BAL will continue following the implementation of these measures and will provide updates as information becomes available.
The Home Office announced that it will increase the minimum wage by more than 9% in April 2024.
Key Points:
BAL Analysis: Businesses may see a slight increase in labor costs because of the new minimum wage. Employers should take the new wage minimums into account when planning their 2024 budgets.