Restoring Control at UK Borders

 

Sweeping reform of the UK’s immigration rules to “restore control” at our borders will take effect from 22 July 2025.

The Government introduced its White Paper ‘Restoring Control Over the Immigration System’ because of “exploitation” of the Skilled Worker visa route and other UK visas.

The following changes will be implemented this month. Other changes will take place by the end of the year.

Back To Degree Level

The Government is reinstating the requirement that only jobs skilled at degree level – also known as Regulatory Qualification Framework (RQF) level 6 – will qualify for new Skilled Worker visas unless an exception applies. The current skill level is at RQF 3; the equivalent of an A level. As a result, some 180 eligible occupations will no longer be available for sponsorship. Where a Certificate of Sponsorship is assigned to an applicant before 22 July, the visa application will be dealt with under the current rules. The skill level requirement was set at degree level for many years but was reduced following Brexit and the departure of many EU workers.
Skilled Workers already working in the UK in a job with a skill level below RQF 6 are exempt from this change for now. This means visa extensions and change of sponsor will still be possible after 22 July 2025.

 

New Title for the Immigration Salary List

The Immigration Salary List is to be replaced by a Temporary Shortage List over time. This category lists occupations eligible for Skilled Worker visas where there are labour shortages and where it is sensible to offer a discounted salary. The Temporary Shortage List will include occupations below RQF level 6 and is time limited and conditional.
The future contents (and visa terms and conditions) of the Temporary Shortage List will be subject to review by the MAC. Occupations will only be included or retained on the list where the MAC has advised it is justified and where sponsors demonstrate they are increasing recruitment from the UK workforce.
For now, an interim Temporary Shortage List will be added to the Immigration Rules, to go alongside the Immigration Salary List. There are some 50 SOC Codes below RQF 6 which have been included in that interim Temporary Shortage List.
Workers sponsored in occupations on either list at RQF levels 3-5 will not be able to bring dependants. We understand this change will be implemented from 22 July although the date is not clear from the Statement of Changes. This does not apply to occupations at RQF 6 or above, or workers sponsored in occupations at RQF levels 3-5 who are already in the Skilled Worker route and able to bring dependants before these changes come into effect. These changes do not apply to dependent children who were born in the UK or where the Skilled Worker has sole parental responsibility for them.
It is understood that individuals sponsored under Temporary Shortage List roles will not be eligible for indefinite leave to remain (ILR).

 

Salary Increases

Salary thresholds are increasing across the Skilled Worker, Global Business Mobility and Scale-Up routes from 22 July.
For Skilled Workers: the ‘general’ minimum salary will be increased from £38,700 to £41,700. The ‘going rate’ set out in individual SOC Codes are also going up and the higher of the two minimum thresholds will apply.
Discounts to the headline rates will continue to apply. For PHD applicants in STEM roles, the salary requirement will increase to £37,500. For ‘New Entrants’ the general minimum will rise from £30,960 to £33,400.
For Global Business Mobility: The general minimum rate will increase from £48,500 to £52,500 (or the higher rate set out in the relevant SOC Code).

What it means for employers

Employers thinking about sponsoring new international recruits need to check that the job in question meets the new skill level (RQF 6) and salary levels.
Skilled Workers who want to change employers or extend their visas will have to meet the new salary requirements.
Consider issuing a Certificate of Sponsorship before 22 July where the role and salary will not meet the new rules. Certificates of Sponsorship can be issued up to 3 months in advance of a start date so there is more time available than may be thought in order to make an application under the current rules.
Review the SOC Codes and salaries of existing sponsored Skilled Workers as these are changing.
Check for the introduction of the new English language requirements for Skilled Workers and their dependants. The new requirement is now expected ‘by the end of the year’.
Be aware that the Immigration Skills Charge is also increasing by 32%. The new increase is again now expected ‘by the end of the year’.
We do not know as yet when the proposed change to a 10 year period of qualification for ILR will be implemented, although we know it is going to be subject to consultation. It would seem that Skilled Workers soon to qualify for ILR will be able to apply on the existing 5 year route.

 

For further information, please contact:

Helen Murphie, Partner

ebl miller rosenfalck, London

e: helen.murphie@ebl-mr.com

t: +44 (0)7384 525 173

 

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