Graduate Route shortened, Caregiver visas curtailed: The fine print of UK's White Paper on immigration
ADVERTISEMENT These reforms are part of the UK government's continuing attempts to reduce net migration, which we have seen over the last 18-24 months. The overarching goals for these changes are: Reduction in net migration;
Linking local skills and training requirements in the UK to deter employers from relying solely on immigration to fill their skills shortages;
Build a fair and effective system that is clear and does not result in perverse outcomes;
Stricter compliance and enforcement with immigration, including a severe crackdown on illegal workers and deportation of foreign criminals; and
Enhancing the need for rules to promote social integration including the need for language skills and benefits for foreign nationals' contributions to the UK.
These proposals will require rule changes or entirely new legislation to take effect. Hence, it is unclear when these reforms will take effect, but they will most likely be implemented in stages.
(Join our ETNRI WhatsApp channel for all the latest updates) The proposed changes in the White Paper are broad and restrictive. Set out below are some of the key provisions.
1. Employment Based: Limit skilled worker sponsorship to graduate-level roles under the Regulated Qualifications Framework (RQF) 6+). This is a significant jump from the current high-school level (RQF3 – A levels). Under the proposed changes, any roles below RQF6+ must be on a dynamic, sector-based Temporary Shortage Occupation List. The Temporary Shortage Occupation List would provide time-limited access to the Points-Based immigration system. For an occupation to be included on the list:
there must have been long term shortages;
the MAC must have advised it is justified;
there must be a workforce strategy in place; and
employers seeking to recruit from abroad must be committed to playing their part in increasing recruitment from the domestic workforce.
2. Care Givers: Discontinue Care Worker Visas for new overseas candidates. However, until 2028, visa extensions and changes would be permitted for affected foreign nationals already present in the United Kingdom.
ADVERTISEMENT 3. Students: Reduce the validity period of employment under the 'Graduate Route' to 18 months (down from the current 24 months). This route, which allows graduates to remain in the United Kingdom after their studies, would also be linked to job criteria, unlike the current situation, where there is no job level condition under this route. The paper also proposes adding a 6% tuition levy to overseas tuition fees.
4. Longer Path to citizenship: Increasing the necessary period of residence to be eligible for long-term residence to 10 years, up from the current five years. The government is also considering establishing a fast-track route under a social and economic contribution-based model, but details are not yet confirmed. Citizenship reforms would also mirror these changes, with necessary residence periods increasing to 10 years, up from the current five years. However, individuals may be able to reduce the qualifying period to settlement and citizenship based on contributions to the UK economy and society.
ADVERTISEMENT 5. Language requirement changes: Increasing threshold requirements for main applicants already subject to the language requirement, who would need to achieve a B2 level of English under the Common European Framework of Reference (CEFR) system. The language requirement would also be applied to adult dependents (who must reach at least A1). It is not clear whether this will apply to all routes of immigration.
6. Highly skilled routes: Doubling the number of eligible institutions from which applicants for the High Potential Individual (HPI) route could graduate to qualify and streamlining and scaling the Global Talent and Innovator Founder visas.
ADVERTISEMENT In addition to the above, proposed changes will be introduced to create a system supporting integration and community cohesion, including new rules on the ability to speak English and people's contribution to the UK.The Government also intends to explore how to ensure that employers, using the immigration system, are incentivized to invest in boosting domestic talent, including options to restrict employers sponsoring skilled visas if they are not committed to increasing skills training. They also intend to ensure that the very highly skilled individuals have opportunities to come to the UK and access our targeted routes for the brightest and best global talent.
Enhanced Enforcement
ADVERTISEMENT The regulations will also be changed to introduce tighter controls, restrictions, and scrutiny to deal with apparent abuse and misuse of the immigration system, from a crackdown on illegal work to the deportation of foreign criminals. This includes using e-Visas and modern technology, building systems in the banking system to monitor compliance with tax laws, and continuing the roll-out of digital identities for all foreign nationals. We expect the Government to introduce more restrictive and specific reforms to ensure compliance with the laws, including streamlining and expediting removal processes.Once again, we would like to remind readers that the proposed reforms will require either regulatory changes or new legislation to be implemented. Accordingly, the timeline for any potential changes remains uncertain.
Disclaimer: This article is drafted based on publicly available information and some of the comments are the author's personal views.
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