What are Sir Keir Starmer’s new UK immigration rules? Scroll to Read More!
The Prime Minister has announced his intention to reduce net migration by 2029 through more rigorous measures across all facets of immigration, including work, family, and study categories.
Key Changes
Below are the key changes in brief.
- Settlement and British Citizenship – In the future, the duration required to qualify for settlement, formally referred to as indefinite leave to remain (ILR), for all points-based routes will be extended to ten years, as opposed to the current five years.
- English Language – Please note that we are implementing updated and more rigorous English language requirements for both principal applicants and their dependents across various immigration categories.
- Skilled Workers – The required skill levels will be elevated to RQF Level 6, and there will be an increase in salary thresholds. Additionally, the Immigration Skills Surcharge is set to rise by 32%.
- Students – The duration of the Graduate visa will be reduced from 24 months to 18 months.
- Family Visas – Before the year’s end, the Government is committed to outlining new family policies that will benefit British citizens, settled individuals, and refugees seeking to reunite with family members in the UK.
- Talent and Expansion Visas – There are commendable proposals aimed at establishing “very high talent routes” designed to attract exceptional individuals who can provide substantial advantages to strategic industries and enhance the UK economy.
When will these immigration rules occur?
The current situation remains uncertain. As previously noted, the Immigration White Paper indicates the intention to implement a new family visa policy by the end of this year. This may suggest that certain proposals outlined above could be introduced sooner than anticipated.
The Prime Minister has committed to reducing net migration—the difference between immigration and emigration—by the conclusion of this parliamentary term in 2029.
The specifics of this initiative have been detailed in a white paper, which serves as a government document outlining policy proposals prior to their introduction as formal legislation.
Settled Status
Currently, individuals residing in the UK must live there for five years to obtain settled status. Under the proposed new plan, the government will extend this duration to ten years. However, “high-contributing” professionals, such as doctors and nurses, can apply for settled status after five years of residence.
Additionally, the government will introduce a new bereaved parent visa that allows individuals in the UK who have lost a British or settled child to gain immediate settled status.
Settled status grants individuals the right to live and work in the UK indefinitely, affording them the same rights as citizens, including access to healthcare, welfare services, and the ability to bring family members to reside in the UK. People with settled status can then choose to apply for British citizenship.
British Citizenship
Individuals may become eligible for citizenship more swiftly by making contributions to UK society and the economy, particularly through the pathway of settled status. Additionally, there will be reforms implemented regarding the Life in the UK test.
Language Requirements
All visa categories will necessitate a specific level of English proficiency.
Dependents accompanying principal visa holders will also be required to possess a fundamental understanding of the English language, which is currently not a requirement. The level of proficiency mandated varies by visa type, with the skilled worker visa now requiring a minimum of upper-intermediate proficiency, an increase from the current threshold of “intermediate.”
Furthermore, applicants seeking to extend their visas will need to demonstrate progress in their English language skills.
Skilled Worker Visa
Individuals who want to relocate to the UK under a skilled worker visa must now hold at least an undergraduate university degree, which raises the requirement from the previous standard of A-levels.
Additionally, there will be enhanced regulations governing the recruitment of overseas talent for roles that are experiencing significant skills shortages. The government aims to implement strategies that encourage employers to bolster training initiatives and improve participation rates within the UK labor market.
Furthermore, individuals with exceptional skills in designated areas identified by the government will receive priority access to enter the UK through expanded “high talent” pathways. This includes visas such as the global talent visa, innovator founder visa, and the high potential individual route.
Lastly, a limited number of refugees will also be permitted to seek employment opportunities through the skilled worker route.
Domestic Worker Visa
In an effort to combat modern slavery, the government is currently reviewing the domestic worker visa. This visa permits foreign national domestic workers to accompany their employers to the UK for a duration of up to six months.
Study Visa
Individuals holding graduate visas in the United Kingdom will be permitted to remain in the country for a duration of 18 months upon completion of their studies. Presently, students who conclude their degrees are eligible to stay for two years under the graduate visa scheme, while those concluding PhDs can extend their stay for three years.
The requirements for institutions sponsoring international students will be enhanced, with measures implemented for those nearing non-compliance with their sponsorship obligations. Such institutions will be placed on an action plan, and there will be restrictions on the number of new students they may recruit.
Sponsors, capable of covering tuition and living expenses, comprise international governments, UK government scholarships, government departments, UK universities, foreign universities, corporations, and charitable organizations.
Social Care Visa
The visa program designed to facilitate the entry of care workers to the UK in response to workforce shortages will be discontinued. However, a transition period has been established, extending until 2028, during which visa extensions and the ability to switch to this visa will be permitted for individuals currently residing in the UK.
Humanitarian Visa
The humanitarian visa pathways for Ukraine, Hong Kong, and Afghanistan will continue to be available. However, the government will conduct a review to assess the effectiveness of the sponsorship arrangements associated with these programs. This initiative aims to enable businesses, universities, and community organizations to sustainably sponsor refugees in a manner that supports both the individuals, and the communities involved.
Brands and Businesses
Organizations seeking to employ international talent in the UK will be required to make a prior investment in the country. In an effort to safeguard low-skilled workers who are currently in the UK on temporary visas, the government is considering measures to facilitate easier transitions for these workers among licensed sponsors throughout the duration of their visas.
The Right to Family Life
There has been an increasing utilization of the “right to family life” under Article 8 of the Human Rights Act by a growing number of asylum seekers to challenge their deportation. In response, the government plans to introduce legislation that will clarify that it is the authority of the government and Parliament to determine who is entitled to remain in the United Kingdom. This legislation will provide guidance on the application of Article 8 across various immigration pathways, with the aim of ensuring that fewer cases are categorized as ‘exceptional.’
Foreign National Offenders
The Home Office is set to be granted enhanced powers to facilitate enforcement and removal actions, as well as the ability to revoke visas for a broader range of offenses, even in cases where individuals have not served jail time in other countries. Additionally, the criteria for deportation will be re-evaluated to consider factors beyond the length of an individual’s sentence, with greater emphasis placed on offenses related to violence against women and girls.
Immigration Rule Enforcement
Sir Keir emphasized the importance of strengthening the enforcement of immigration rules, both at the border and within the system, stating that it is essential for fair regulations to be upheld.
Individuals seeking asylum, particularly those arriving in the UK from countries where conditions have not significantly improved, will face enhanced controls, along with stricter guidelines and requirements in cases where there is evidence of system abuse.
Additionally, there will be a collaborative effort to ensure that other countries fulfill their responsibilities in managing the migration of their nationals to the UK and facilitating their return when necessary.
Sponsors of migrant workers or students who violate the system will be subject to financial penalties and sanctions, accompanied by increased support to promote compliance.
Furthermore, individuals on short-term visas who commit offenses will face expedited deportation procedures.
Efforts will also be made to employ scientific and technological methods to accurately verify the ages of adults entering the UK, minimizing the risk of misidentification as minors.
The introduction of eVisas, which have replaced traditional physical documentation, aims to combat illegal working and bolster actions against those who overstay their visas or hold incorrect visa statuses.
Major banks must now deny current accounts to individuals suspected of residing in the UK unlawfully and report these cases to the Home Office. This requirement will extend to more financial institutions.
