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The Home Secretary announced that the planned increase to the minimum income threshold for those bringing dependents to the United Kingdom on family visas is on hold.
Key Points:
Additional Information: The Home Secretary also stated that MAC will review key sectors within international recruitment, including IT and engineering. The ministerial statement demonstrates a continued support for the changes announced earlier this year, including increases to salary thresholds for skilled workers and health and care workers. Other proposed changes include eliminating the ability for Health and Care Worker visa holders filling care worker and senior care worker roles to bring dependents with them and an end to the 20% “going rate” salary discount for shortage occupations.
BAL Analysis: The statement highlights the new Labour Party’s legal migration objectives and reintroduces expected reforms to migration policy. British citizens and those settled in the U.K. who want their family members to join them will not be impacted by the planned hike to the minimum income threshold yet.
This alert has been provided by the BAL Global Practice Group.
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The Home Office continues to send out invitations for individuals to switch from their physical immigration documents to an electronic visa, or ‘eVisa,’ as the government intends to no longer issue physical immigration documents by 2025.
Additional Information: This digitalization effort is part of a larger plan by the government to transform the border and immigration system. The government has also introduced the Electronic Travel Authorization (ETA) scheme. The ETA is a digital permission to travel for those wanting to visit but who do not need a visa. Beginning Feb. 22, nationals of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates were 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.
BAL Analysis: Officials stated that invitations will continue to be issued in phases before the process opens to all BRP holders. eVisas are designed to be a safer process by reducing the risk of fraud, loss and abuse of physical documents while providing a more secure way to prove immigration status.
The Home Office announced that the second-round ballots for the 2024 Taiwan Youth Mobility Scheme are now open.
Additional Information: There are a total of 1,000 places available to individuals from Taiwan for 2024, as with previous years; 800 total places were allocated after the first ballot closed in February, and now the remaining 200 spots will be made available in the second ballot. The visa scheme allows selected individuals to live, work and study in the U.K. for up to two years.
BAL Analysis: Successful applicants should receive an email by July 31. Those who are unsuccessful in the second ballot will receive an email within two weeks of the ballot closing and no further action is required. BAL will continue to monitor Youth Mobility Scheme developments and will provide more information as it becomes available.
The Home Office provided further details on eVisa implementation and the minimum salary increase for skilled worker visas is now in effect.
Additional Information: Individuals who have a biometric residence card that was not granted under the EU Settlement Scheme or obtained from another immigration leave or British citizenship should be aware that the EU free movement law no longer applies, and they will need to apply for a new immigration status as soon as possible.
BAL Analysis: Employers should be aware of the increased salary thresholds that are now in effect and their requirements to meet the new general salary thresholds or the going rate for the respective occupation. Individuals who have not been contacted by the government about creating a UKVI account should receive communication later in 2024, most likely from early June.
The Home Office published a statement of changes providing further details and additional updates to immigration rules intended to reduce net migration.
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.
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.