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On 12 May 2025, Sir Keir Starmer, announced significant changes to the UK immigration system. A white paper, titled Restoring Control over the Immigration System, was then shortly published. We set out below the key changes.
This was the most drastic change announced as it would affect many migrants.
The government proposed to increase the qualifying period for immigration routes that can lead to Indefinite Leave to Remain (ILR), also known as Settlement or Permanent residence, from five years to ten years.
This would also affect the qualifying period for British citizenship. This is because, in most instances, individuals must hold ILR for at least twelve months before they can apply for British citizenship; this would mean that they would need to wait eleven years before they can apply for British citizenship.
Those who can show a "real and lasting contribution to the economy and society" would be fast-tracked. For example, potentially those who pay higher taxes or work in a priority sector, such as nurses, doctors, engineers and AI leaders. The government will consult on this later this year and therefore we do not currently know the eligibility requirements.
We also do not know whether the changes would be grandfathered in (i.e. the changes would only apply to those who come to the UK after they are implemented) and if there would be transitional arrangements. We would expect so, as that has previously been the case following UK immigration changes. Otherwise, it would be extremely unfair for those who have already arrived in the UK with the expectation of obtaining ILR after five years under eligible routes.
The above changes would likely require a change to primary legislation and this process is unlikely to start until the next parliamentary session in 2026.
We, along with other stakeholders, are raising the above queries to the Home Office and hope that they can provide some clarity as soon as possible.
The main proposed changes are:
+ Reverting the skills level threshold back to RQF level 6. This means that only roles that typically require a university degree would be eligible for a Skilled Worker visa. As a result, approximately 180 roles will no longer be eligible. The skills level threshold was lowered in December 2020 to enable those who have obtained A-levels or international equivalent to be eligible. This was likely due to the end of free movement for EEA nationals following Brexit and the predicted shortage of workers in lower skilled jobs.
+ The good news is that those already on Skilled Worker visas will not be impacted by the changes, even when they renew their visas or change employers.
+ Minimum salary thresholds will also rise. The last increase only came into effect on 4 April 2024. The salary thresholds would also be higher for visa holders seeking to bring dependants.
+ Increasing the Immigration Skills Charge by 32%, making it even more expensive for UK employers to sponsor workers.
We expect the above changes to be one of the first few changes to come into effect.
The main proposed changes are:
+ Tightening compliance for universities that sponsor students.
+ Decreasing the grant of leave under the Graduate route from two years to one and a half years.
The main proposed changes for meeting the new English language requirements are:
+ For Skilled Workers and other work routes, raising the English language requirement, in accordance with the Common European Framework for Reference for Languages, from level B1 (intermediate) to B2 (independent user).
+ For dependants of Skilled Workers and other work routes, introducing English language requirements for the first time; they will need to demonstrate that they meet level A2 (basic user), with a view to increasing the levels over time, being level A1 at the visa extension stage.
+ For ILR, individuals must meet level B2.
This means that those who cannot meet the English language requirements would not be able to obtain the initial visa, extend the visa, or apply for ILR. Again, we are not sure whether the above would be grandfathered in.
The UK government proposes to expand this route to attract very highly skilled individuals to the UK to work in certain fields such a digital technology, academia (e.g. science, medicine) or research. We await further news on this.
Where possible, UK employers should start the sponsorship process as soon as possible for prospective workers so they may rely on the current rules.
Individuals looking to move to the UK should do so as soon as possible as it is likely that the new changes on settlement and British citizenship would not affect those who arrive in the UK before the changes are implemented, although we cannot guarantee this.
Individuals who qualify now for ILR or British citizenship should also apply as soon as possible.
In light of the announced changes, UK employers and individuals should start planning, where possible. Many of these measures will take time to implement and some would require new legislation. Therefore, we will need to wait and see.
Disappointingly, there was no mention of introducing a visa linked to investment in the UK. The previous Investor visa was closed to new applicants on 17 February 2022. Therefore, there is currently no immigration route for those who want to live to the UK and be self-sufficient.
If you have any questions or would like to discuss the above, please contact Jessica Smart.