Big Changes coming for Migrant Workers and Immigration Law

The Government has published an Immigration White Paper putting forward big changes to the immigration system.

It is important to note that these are proposals and not finalised changes.

It is about changes that may be further changed as a result of consultations. As a result, some different changes may be introduced across the length of this Parliament. However, political reality means that the Government with a huge majority will probably secure most of these

reforms. No details have yet been given about the parliamentary timetable, but we will continue to keep you informed through our courses and this newsletter service.

Here are the 9 key points we are sharing with participants on our Employment as well as Equality Law Training courses: -

1. Skilled Worker Visas

The qualification requirement for the Skilled Worker Visa will be raised to Level 6 (equivalent to a Bachelor’s degree. Salary thresholds will also be raised to reflect the higher skill requirement. People in so-called “lower-skilled” occupations (e.g. builders, care workers), will see the number of visas reduced by up to 50,000

2. What about existing Skilled Worker Visa Holders?

For those already on a Skilled Worker visa, the Government say “from the point that the skills threshold is raised, existing Skilled Worker visa holders will continue to be able to renew their visa, change employment and take supplementary employment, in currently eligible occupations.

3. Sponsorship

In an attempt to address exploitation of migrant workers in the sponsorship system, the Government say they will make it easier for sponsored workers to switch to another licensed sponsor for the duration of their visa. The fee that employers need to pay when sponsoring migrant workers) will be increased by 32%. The money raised will be used to invest in domestic training in the UK.

4. Domestic Worker Route

The domestic worker route will also be reviewed, potentially to be

terminated as a result of exploitation of workers in the UK on this

visa. Government are proposing to allow a limited pool of UNHCR recognised refugees and displaced people to apply for employment through existing skilled worker routes, where they have the skills to do so, but so far, no detail on how they may work in practice and how they will prevent exploitation of refugees.

5. International Students

New requirements on universities as sponsoring institutions by raising Basic Compliance Assessment (BCA) metrics, in order to reduce what the Home Office sees as “abuse and exploitation” of the study visa route. This will include raising the minimum pass rate for each BCA metric, such as enrolment and course completion rates. Additionally, all sponsoring higher education institutions that use agencies for recruitment will be required to sign up to the Agent Quality Framework (AQF), which regulates agents. This is to stop illegal fees for agents’ services, although the Home Office unfairly frames this change as students exploiting the system. The Government will also look into introducing a levy on the income that higher education institutions receive from international students to be reinvested into domestic higher education and skills training. This will be fully announced as part of the Autumn Budget.

6. Graduate Visa

The current graduate visa scheme allows international students to stay for an additional two years via this route. The Government proposes to shorten the period from 24 months to 18 months. Students who have access to the 36- month Graduate Visa (e.g. PhD students) will not see any changes for now. Further changes will be explored, for example in relation to restricting the Graduate Visa to graduate-level (RQF6) jobs.

7. Increasing English language requirements

The English requirements will be raised for many visa categories, as well as for long term residency. There is an increased focus on dependents of the main applicant, and there will be a requirement for all dependents to

meet new standards (A1 standard (beginner) of English). For visas where there is already an English language requirement, this will be raised to B2 (upper intermediate) level. For people applying for settlement (Indefinite Leave to Remain, or ILR), the English language requirement will be increased from B1 (pre-intermediate) to B2. People will also need to demonstrate progression in their English language abilities to A2 to extend their visa and B2 to apply for settlement.

8. Reducing Right to Remain and Settlement

There will be restrictions on border and immigration rules to make it easier to refuse entry to the UK when there is an intention to claim asylum, or from those who ‘break the rules or laws’ without clarifying what rules and laws these would be to warrant this refusal. They are also intending to make it easier to remove status from people who break immigration rules or UK law and make it easier to deport people where they have done so. This aligns with earlier policy changes to restrict the ability to apply for British citizenship for refugees who were forced to

cross the Channel and enter the UK without prior authorisation. The standard qualifying period for Indefinite Leave to Remain (ILR) will now be ten years (although the five-year route will remain). The Points-Based System will be expanded, including with the ability to reduce the qualifying period for settlement based on “contributions to the UK economy and society,” in changes that will be consulted on later this year.

9. Family Migration

The Government will reform the framework for family migration, focusing on language, income and character requirements, which will be brought in by the end of the year. They say they will tighten the Suitability Rules, focusing on the good character requirement and English language requirements. The Government argues that too many family migration cases are granted as cases exceptional to the normal rules, i.e. where human rights law may mean that people who don’t otherwise meet the requirements would be able to migrate.

Our Employment as well as Equality Law Training courses contain the latest breaking news on all these topics including also a focus on: -

• The new Worker Protection Act -Preventative Duty on Sexual

       Harassment

• New legal guidance on the Protected Characteristic of Gender

      Reassignment following Supreme Court decision

• Forthcoming changes to the Equality Act and Equal Pay Act

• More changes to Redundancy and TUPE regulations

A separate course on the massive new Employment Rights Bill, going before Parliament and which will radically change the HR and Workplace landscape, is also available.