UK government identifies opportunities for skilled workers 

One of the biggest changes that the government is planning to make for the UK immigration system is in relation to the Regulated Qualifications Framework (RQF) level that jobs would need to be at to in order to hire applicants from abroad.

At present, the level that is required for a skilled worker to be sponsored is RQF level 3. This is the equivalent of a UK A-level qualification. However, the Home Office in the recently published immigration white paper revealed that it will be lifting the level up to RQF level 6 – which is equivalent to a UK bachelor's degree.

In addition, the skilled worker route qualifies for indefinite leave to remain (ILR). This means that migrants who are in the UK will have the opportunity to apply for ILR after a period of five years.

The white paper has revealed plans to increase the requirement from five years to 10 years; however, at present, there is no further information or guidance on this proposed reform and it remains unclear as to when this will come into effect and if this will affect those already in the UK on the skilled worker or points-based system route.

Points-based system limitations

The Home Office has also revealed that further limitations will be made to access to the points-based immigration system. It is likely that there will be a shift of focus in limiting access to the points-based system to sectors that have had long-term shortages; however, they will only have access on a time-limited basis.

The Migration Advisory Committee must have advised that this is justified, that there is a workforce strategy in place and that the employers seeking to recruit from abroad are committed to playing their part in increasing recruitment from the domestic workforce.

This is intended to encourage employers that are using the immigration system to invest more in the domestic workforce. The Home Office has also stated that they will introduce reforms allowing a limited number of United Nations High Commissioner for Refugees-recognised refugees and displaced people to apply for employment through the current skilled-workers' route.

'Temporary shortage list'

Finally, the UK currently operates an immigration salary list. This means that there is a limited number of job occupations that fall within a category that is eligible for a lower salary requirement and hence a lower-skilled worker visa application. This used to be known as the shortage occupation list but was reformed to the immigration salary list in the spring of 2024.

The white paper has established that the Home Office will be looking at this and intends to introduce a new "temporary shortage list" to allow occupations below RQF level 6 to gain access to the immigration system via this route on a time-limited basis.

Immigration skills charges

The immigration skills charge will also be increased, which will be for the first time since its introduction in 2017, by 32% in line with inflation. For small sponsors, this charge is currently at £364 for the first 12 months and then £182 for each additional six months. An increase by 32% would bring this fee up to around £480.48 for the first 12 months and then around £240.24 for each additional six months.

For medium or large sponsors, the current fee is £1,000 for the first 12 months and then £500 for each additional six months. A 32% increase would bring this to approximately £1,320 for the first 12 months and then approximately £660 for each additional six months.

Health and social care visas

One of the biggest announcements within the white paper is the government's intention to close the route of health and care visas for overseas applicants. Within the last few years, the government has already introduced the requirement for potential sponsors to first search for health and care workers who are already in the UK. As part of this, they must be part of the Care Quality Commission in England and its equivalent in the other home nations. This has already significantly reduced opportunities for people to enter the UK from overseas via this route.

While visa extensions for those already in the UK – both extensions and switching – on this visa type will be allowed until 2028, it has been made clear that no new applicants will be accepted.

However, this will consistently be kept under review. There has been no official information released regarding the date that this will be enforced, but we should expect more information surrounding this by the end of the year.

Osborne Clarke comment

The white paper has confirmed that a range of new rules will be introduced but not when, whether the proposed changes will affect those already in the UK or how they will be implemented.