Changes to immigration regime to be aware of - Guest Article by John Morgan & Tom Corcoran

As many employers will be aware, aspects of the immigration regime are always in flux as the government continually refines the expectations and rights of employers and workers.

Another suite of changes has recently occurred and employers sponsoring workers or making sponsored worker visa applications should be aware of (and ensure they comply with) various recent changes to the Immigration Rules which came into effect following the government’s most recent Statement of Changes.

By way of summary, the key changes are:

1. Changes to the minimum rates of pay for sponsored workers

The key changes (applicable for CoS assigned from 12 April 2023) are (1) the minimum general salary threshold for Skilled Worker visas has increased from £25,600 to £26,200 (and £20,960 for shortage occupation listed jobs) and (2) the minimum hourly rate for sponsored workers has increased from £10.10 to £10.75. This is slightly higher than the increased National Living Wage of £10.42.

Employers sponsoring workers need to ensure that they meet the new general salary threshold (or the salary contained in the relevant “Standard Occupational Classification” code for the role, whichever is highest). They should also be aware that as of 12 April 2023, Home Office caseworkers can refuse an application under most sponsored work and temporary work routes if they have reasonable grounds to believe that the job does not comply with the National Minimum Wage Regulations (“NMWR”) or the Working Time Regulations (“WTR”). They should therefore also ensure that the salaries they offer sponsored workers meet any requirements under the NMWR or WTR. We’d strongly suggest that employers give careful consideration to how these increased requirements may affect available resources and budgets.

2. Introduction of Electronic Travel Authorisations

Additionally, changes have been made to the rules to introduce the new system of “Electronic Travel Authorisations” (“ETA”) as of 12 April 2023.

This is a new system that the UK is rolling out for visa-exempt travellers looking to visit the UK, and it is anticipated that the scheme will operate similarly to the US “ESTA” system. The ETA is not a visa but a “digital travel authorisation”, allowing a non-visa national to board a carrier to travel to the UK. The aim of the scheme is to strengthen security checks on such travellers, with the following individuals exempt: those with a British/Irish passport; with permission to live, work or study in the UK; or with a visa to enter the UK. Applications need to be made online, which should take approximately fifteen minutes and then a decision should usually be available within three working days. Practically, this appears to share many features with the US ESTA system. Completion/approval will need to be done prior to travel to the UK and the exact cost is yet to be announced (as a comparison, the current US ESTA costs US $21).

To start with, the scheme will only apply to a small number of countries. However from 15 November 2023, individuals will need an ETA if they are travelling to the UK and they are a national of Qatar, and from 22 February 2024, it will apply to nationals of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates. More countries will then be added to the scheme at later dates. Although no immediate steps are required, employers should be aware of the requirement for e.g. non-visa standard visitor business visits and the potential for delays where employees/visitors have more complex applications (e.g. they have to declare criminal records).

3. Innovator Founder visa route

Finally, the new “Innovator Founder” route is now open to applications as of 13 April 2023. This new visa route replaces the Innovator and Start-up visa routes and is designed for overseas nationals coming to the UK to set up an innovative business in the UK where:

• they want to set up and run an innovative business in the UK (it must be something that’s different from anything else on the market);
• their business or business idea has been endorsed by a UKVI-approved body, also known as an endorsing body; and
• they meet other eligibility requirements.

Steps for employers

As detailed above, employers sponsoring workers or looking to sponsor workers should ensure that they comply with any new rules where relevant. As the immigration regime is continually changing, they should also ensure that they follow any further developments in this area in the event of further changes.

 

Please do feel free to follow us on LinkedIn (John and Tom) if you would like to be kept up to date with ongoing changes in this area.

John Morgan is a Principal Associate and Tom Corcoran is an Associate in Eversheds Sutherland (International) LLP’s market leading Labour, Employment & Immigration team.