The latest Immigration White Paper titled ‘Restoring Control over the Immigration System’ has been published with the Prime Minister’s promise to “restore control to our borders” being the central focus. The document repeats the rhetoric that net migration is too high, and we must therefore place further restrictions on our country’s popular immigration routes in attempt to reduce this figure.
Blaming the increased number of migrants for contentious issues such as the failing NHS or the UK’s housing crisis appears to be way for this Labour government to avoid addressing the systemic issues of this country, as well as lean into the extreme view that immigration is bad to try and win over some of Reform UK’s growing fan-base. As a result, it will be UK businesses as well as individuals who will suffer. We summarise below the routes and requirements that will feel the biggest and most negative impact.
Skilled Worker route
In 2020 the skill threshold for Skilled Workers was lowered to RQF 3 (A-level equivalent), which widened the number of eligible SoC codes under the Skilled Worker route considerably. The reason for this was to fill some of the skills shortages which opened up due to Brexit. Now unfortunately for many industries, this government is seeking the reintroduction of the previous threshold; RQF 6 (degree level) for eligible occupations in the future and the consequential salary threshold increases which will come with it. Migrants already in the UK before these changes come into effect will be subject to the current rules and lower RQF levels.
Occupations with skills RQF 3 to 5 where there have been long-term shortages in these industries will be included on a new Temporary Shortage List. The Migration Advisory Committee (MAC) will assess and make recommendations to the Home Office which roles will be eligible to be placed on the Temporary Shortage List and there will likely be caps on the number of visas issued as well as restrictions on bringing dependents.
To add insult to injury for businesses, the Immigration Skills Charge will increase by 32%, in line with inflation.
We have written extensively in the past how the UK’s sponsored work routes are pricing out small businesses and start-ups through the recent increases to salary thresholds, and these latest proposals are yet another nail in the coffin for such employers.
The thought-process is to develop the settled workforce, yet these changes are likely to bring about bigger skills shortages amongst vital occupations and sectors in the UK.
Adult Social Care route
Migrants on the Adult Social Care route are filling a huge labour shortage and work in a challenging and demanding sector. However, this industry and visa route have been subject to widespread criticism over worker’s pay and conditions. To combat these issues and in line with Fair Pay Agreements, the government has decided to close this route for all initial applicants, with transitional arrangements for extension applications and in country switching to be put in place until 2028. Whilst workers in the Adult Social Care sector should absolutely be paid a fair wage, closing this route entirely to new applicants will likely do more damage and those who rely on social care will be the ones to suffer even more.
English language requirement
English language proficiency is measured using the Common European Framework of Reference for Languages (CEFR) scale. Depending on the visa route, applicants are required to demonstrate different levels of proficiency.
Currently, Skilled Workers are required to pass a Secure English Language Test (SELT) at minimum CEFR level B1 in four components, however, this is set to raise to a minimum level of B2. Additionally, Skilled Worker dependents are not currently required to provide evidence of their English language proficiency although further to this White Paper, they will be required to pass a SELT at CEFR level A1 (Basic User) in the future, to align with partner routes.
Additionally, the minimum English proficiency level for Indefinite Leave to Remain will raise from CEFR level B1 to B2.
Settlement criteria
The qualifying period for settlement is 5-years for many visa routes. However, in a further tightening of the Skilled Worker route, the standard residence criteria will increase from 5 years to 10-years.
This means that employers would have to pay at least £8,725 more per applicant for the CoS assignation fees and current ISC rate. This is a further burden on small businesses who require a migrant work force.
Good news for spouses and partners of British citizens however is that their 5-year qualifying period will remain the same (for now at least).
The UK’s immigration landscape continues to evolve, and not necessarily for the betterment of business or individuals. Instead of focusing on legal migration which contributes hugely to growing the UK’s economy, perhaps the UK government should turn its attention to stopping organised crime groups trafficking vulnerable people to the UK and dealing with the issues of illegal migration.
Should you wish to discuss your UK immigration matters, please contact our expert team of London immigration lawyers at Barar and Associates at barar.london@bararassociates.co.uk or call us on 020 7487 8370.
You can access more information about us via https://www.bararassociates.com/.
