The Government released a statement on March 9th detailing alterations to the Immigration Rules. These changes align with the Government’s aim to establish a completely digital process for people using the immigration system. The Home Office is slowly eliminating the need for physical documents, such as Biometric Residence Permits, and transitioning to digital immigration status for individuals. Additionally, the Statement includes modifications to recently introduced routes and introduces new prerequisites.
Improving UK Border Security
To enhance safety and security at the UK border, the Electronic Travel Authorisation Scheme (ETA) is being introduced from November 2023 for citizens of Qatar and from February 2024 for citizens of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the UAE. Similar to the US ESTA scheme,
ETA is a prior approval for those who do not require a formal visit visa. The ETA scheme requires personal and travel details and a payment (amount yet to be confirmed) and will be valid for an unlimited number of trips over two years. Airline carriers will be responsible for ensuring individuals have an appropriate ETA before travel. Those who do not may face a fine.
India Young Professionals Scheme Visa
The UK government has launched a new immigration scheme called India Young Professionals, inviting Indian nationals aged 18 to 30 to live and work in the UK for up to two years. To apply, applicants must be selected in a ballot, have a Bachelor’s level qualification or above, at least £2,530 in savings to support themselves in the UK, pay the £259 Indian visa fee, and make a £940 Immigration Health Surcharge payment. The first ballot of 2023 has already closed, and future ballots are expected.
Changes To The Shortage Occupation List
In the Budget, the UK government made changes to the Shortage Occupation List (SOL), a list of jobs that are considered to be in short supply in the UK labour market. Lower application fees and reduced salary requirements apply to sponsored worker visa applications for jobs listed on the SOL. The government has added five construction occupations to the SOL, effective from later this summer. To read more on the changes, visit our dedicated article here.
Sponsorship Licences: Right To Work Checks Update
The Home Office updated the Employers’ Guidance on Right to Work checks on 28 February 2023, covering the use of ID Service Providers (IDSPs). Employers may use Identity Document Validation Technology (IDVT) via the services of an IDSP to complete the digital identity verification element of right to work checks for British and Irish citizens who hold a valid passport. However, employers should note that it is not possible to establish a statutory excuse using IDSPs in relation to manual checks.
Skilled Workers To Benefit From Minimum Annual Salary Increase
On 9 March 2023, the UK Home Office announced an increase in the minimum gross annual salary threshold for most Skilled Worker visa applications. This increase from £25,600 to £26,200 will come into effect from 12 April 2023 and will also affect other types of skilled worker visas, including Global Business Mobility routes, Scale-Up workers, and specialist workers. Going rates will be based on a 37.5-hour working week instead of a 39-hour week, and proposed salaries will need to be pro-rated to determine eligibility for sponsorship. These changes will only apply to visa applications made with a Certificate of Sponsorship issued on or after 12 April 2023.
New Innovator Founder Route
The Innovator Founder route, which was launched in 2019, is intended for new entrepreneurs who want to establish their first business in the UK. To qualify, the business must be innovative, viable, scalable, and approved by an endorsing body. Applicants must spend most of their working time on the venture and genuinely intend to undertake and have the capability of doing so. Unlike before, the Innovator Founder route no longer requires a minimum of £50,000 to invest and permits secondary employment outside the running of the business.
Read more on our dedicated article on this new route here.
The aforementioned modifications and suggestions serve as a reminder that sponsorship license holders must now, more than ever, engage in advance planning to predict their staffing needs and select the appropriate immigration pathways in response to changing policies. It is also essential to have sponsor licenses at their disposal. By taking these measures, employers can adequately equip themselves for any immigration-related changes that may arise in 2023.
Why Instruct Our Immigration Team?
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a spouse visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a spouse visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.
Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your visa application.
Contact our London immigration solicitors on 02030110276 or complete our contact form.