Government tightens immigration rules, increasing skills threshold for workers

The new policies will tighten requirements for workers, students, and families and focus on bringing in only those who contribute most to the economy.
7 mins read

The Home Office has today, 12th May, published an 82-page white paper setting out changes to the UK’s immigration system. 

The new policies will tighten requirements for workers, students, and families and focus on bringing in only those who contribute most to the economy.

Home secretary Yvette Cooper, said: “We will reshape our immigration system towards those who contribute most to economic growth, with higher skills standards for graduates and workers.”

The skilled worker route will now require jobs at RQF 6 (graduate level) or above, with higher salary thresholds. 

The immigration salary list, which allowed discounts, will be scrapped. 

Additionally, access to the points-based system will be limited to roles with long-term shortages, where the migration advisory committee has advised it is justified, and where employers have a plan to recruit more UK workers.

Cooper said: “New requirements on employers to boost domestic training will end the reliance on international recruitment, restoring order to a failed system that saw net migration quadruple between 2019 and 2023.”

A new labour market evidence group will use data to inform decisions instead of defaulting to migration. 

Government departments will work with sector bodies to develop these plans.

Meanwhile, social care visas for overseas workers will close to new applicants.

Those already in the UK can extend or switch visas until 2028 while a new workforce strategy is developed.

For international students, stricter requirements will be introduced for sponsoring institutions. New interventions will target sponsors at risk of failing their duties, including action plans and caps on new student numbers. 

Graduate post-study work rights will be limited to 18 months.

Cooper said: “We will tackle the over complex family and private life immigration arrangements, where too many cases are treated as ‘exceptional’ rather than having a clear framework.” 

New laws will clarify that the Government and parliament decide who can remain in the UK, addressing cases where Article 8 family life arguments are used to block deportations.

The paper promises faster and larger routes for highly skilled talent, with more places for research interns, easier access to the global talent visa, and a review of the innovator founder and high potential individual routes.

Abuse of the system will also be addressed with new visa controls and sanctions for sponsors where there is evidence of abuse. 

Furthermore, the Home Office will target cases where asylum is claimed after arrival without a material change in home country conditions and will seek more cooperation from other governments on returns.

The deportation system will be reformed so the Home Office is informed about all foreign nationals convicted of offences, not only those sent to prison. 

Deportation rules will be reviewed to cover more offences, especially those involving violence against women and girls.

English language requirements will also be widened across more routes for both main applicants and dependants, with checks on improvement over time.

Additionally, the standard period to qualify for settlement will double to 10 years. 

The points-based system will also apply to settlement and citizenship, based on contribution to the UK.

Cooper said: “The policies outlined, part of the Government’s Plan for Change, will be delivered over the course of this parliament to strengthen the UK’s immigration system, with the first changes set to be introduced in the coming weeks.”

Further reforms to the asylum system and border security will be published later this summer.

Reaction:

Lisa Uttley, partner at Gherson Solicitors:

“Today’s white paper on immigration suggests that stark reforms are on the way, which have the potential to cause further damage to the UK economic outlook, far beyond the havoc wreaked by Reeve’s non-dom tax raid.

“Predictably, rhetoric on needing to reduce net migration was at the front and centre of Sir Kier and Yvette Cooper’s plans.

“But while some of the changes being floated by the Labour government simply borrow from Immigration Rules of years past – for example, cutting down the duration of Graduate visas from 2 years to 18 months (between April 2012 –  July 2021, no dedicated post-study route operated whatsoever); raising the threshold to qualify for a work permit from A-Level equivalent qualifications to a minimum of a Bachelor’s degree; and cutting the list of shortage occupations which allow for a more streamlined work permit application process –  many more are troubling.  

“Worryingly, Starmer and Cooper’s paper makes several suggestions which would severely undermine the credibility of the UK as a destination for the brightest and best.

“For example, the prospect of doubling the qualifying period for settlement in the UK from 5 to 10 years is untenable and completely out of line with the approach adopted by any other country in the developed world.”

Alex Hall-Chen, principal policy advisor for skills and employment at the Institute of Directors:

“For the many employers already struggling to access the skills they need, today’s announcement may raise further concerns.

“The latest IoD research shows that more than 3 in 10 business leaders cite skills shortages as a major factor holding back their business.

“The government’s emphasis on investing in upskilling and reskilling the domestic labour force is welcome.

“However, the strategy announced today risks damaging already fragile economic growth by further limiting employers’ ability to fill urgent skills gaps.

“For this strategy to work, government must deliver on its pledge to more effectively link the skills and immigration systems, and incentivise employers to invest in training programmes for the domestic workforce.

“Reforms to the skills system must include the speeding up of the promised reform to the Apprenticeship Levy to enable employers to spend their levy funds on a wider range of courses in skills shortage areas.

“In addition, the government should allocate the full amount raised from the levy to the apprenticeship budget, before considering making any cuts to Level 7 apprenticeship funding.

“All funds raised by the increased Immigration Skills Charge should also be directly allocated to programmes which support employers to invest in the domestic labour market.”

Rain Newton-Smith, chief executive of CBI:

“Following months of speculation, businesses now have important clarity on how the government plans to change immigration rules.

“Many of the principles running through the Prime Minister’s speech will be supported by businesses, including taking a targeted approach to legal migration and resisting an arbitrary target.

“Employers will welcome a stronger link between skills and immigration policies because their preference is to recruit and train from the domestic workforce whenever they can.

“Key to this will be delivering promised reform of the Apprenticeship Levy to unlock much-needed investment in a wider range of quality, non-apprenticeship training.

“Businesses should not be long-term reliant on immigration to deliver growth, but immigration policy is preventing businesses from accessing critical skills to deliver investment, putting at risk growth and jobs in the rest of their workforce. 

“The reality for businesses is that it is more expensive and difficult to fill a vacancy with immigration than if they could hire locally or train workers. Work visas already require higher pay than most domestic workers get for the same job.

“When considered alongside the large fees and accompanying charges, foreign workers are simply not the ‘easy’ or ‘cheap’ alternative.

“Universities are centres of growth, innovation and opportunities. Policy changes that risk making the UK a less attractive place to study or increase costs confronting universities will have knock-on impacts for the competitive strength of UK Higher Education as a growth export, and young people’s ability to access degree-level education at home.

“These trade-offs need to be considered if the government is serious about developing domestic talent and driving growth.

“Businesses will also carefully consider the detail of proposals to limit visas for skilled jobs below degree level.

“Labour shortages can’t be solved by training alone. With the UK’s workforce set to shrink in the future as our population ages, it’s more important than ever that we support the business investment needed to underpin tech adoption and training.

“Addressing the increasing cost of doing business and finding the right landing zone for policies like the Employment Rights Bill will be vital to ensure businesses have the headroom to invest in skills and training.”

Jane Gratton, deputy director of public policy, at the British Chambers of Commerce:

“Businesses are keen to unlock more home-grown talent and will welcome the broad direction of travel in today’s White Paper.  

“A commitment to drive better strategic planning on immigration is a prize we have been chasing for years.

“More joined up planning and decision making between the Migration Advisory Committee, Skills England and government is needed. Only then will firms get access to the skills they need, where and when they need them.  

“Local Skills Improvement Plans (LSIPs), mostly led by Chambers, are in a prime position to help with that strategic planning.  

“However, it’s vital that the pace of change in the immigration system does not cut off access to global talent before the UK’s wider labour market problems are properly addressed. 

“To grow the economy, firms need access to the right skills, and for some businesses that will include bringing people from outside the UK. This is usually as a last resort when they have tried all they can to recruit from the local labour market. 

“Our surveys show only 13% of Chamber member businesses access the immigration system. When considering only SMEs, the figure falls to 9%.  

“The further rise in fees to use what is already a hugely expensive immigration system, will place additional burdens on firms who need to fill urgent vacancies. That comes at a time when businesses are already facing mounting cost pressures.   

“Government must adopt an urgent, laser-like focus on tackling the UK’s pervasive skills crisis.  This means supporting more people back into work, a greater focus on technical and vocational education pathways to employment and, crucially, a more flexible and responsive Apprenticeship Levy.  

“Today’s announcement also doesn’t change our long-held call from businesses to see a balanced Youth Mobility scheme between the UK and the EU. That should cover school visits and exchanges, and a time-limited ability for young people to work.” 

Marley Morris, associate director at IPPR:

“Today represents the biggest shake-up of the immigration system since Brexit. The government has set out its own approach to migration based on the principles of control, contribution and cohesion.

“A properly joined-up immigration and skills policy is a long time coming. It is absolutely right to encourage employers using work visas to instead invest in domestic training so that skills shortages are addressed in the long run.  

“There are some welcome moves on tackling exploitation, including allowing greater flexibility for visa holders to switch employers and protecting victims of domestic abuse.

“The government is also right to put community cohesion as a priority, especially after the far-right riots last summer.

“But if the government wants to end visas for care workers from abroad, it will need to improve wages and conditions for carers to avoid exacerbating the current staffing crisis.

“Extending the standard route to settlement to ten years risks making it harder for people to contribute and settle into their communities.

“Visa holders will spend lengthy periods on an insecure status, increasing their risk of poverty and losing status altogether. This could inhibit integration while doing little to bring down numbers.”

Marvin Onumonu

Marvin Onumonu is a Reporter for Workplace Journal and The Intermediary

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