Sponsors need to be aware of the latest raft of changes to Home Office guidance on sponsor compliance, which focuses heavily on genuine employment for sponsored workers.

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There are changes to the caseworker guidance as well as sponsor guidance and together these confirm the Home Office is very focussed on genuineness of employment. So, what do they mean by this, and what can you do about it?

Genuine employment

• When the Home Office refer to ‘genuine employment’, they don’t just mean that the sponsored worker is genuinely employed. Below are some key areas sponsors should review in this regard to ensure compliance with how the Home Office interprets this concept.
• Check contracts with a third party and agency workers are compliant – A sponsor cannot hire out sponsored workers or have them work for a third party in a routine role. Sponsors must submit evidence, usually a client service agreement, which demonstrates that there is a contract for delivery of a non-routine service or project that has a clear end date.
• Check the salary requirements are met for each sponsored worker – A sponsor must pay the required minimum salary and comply with National Minimum Wage Regulations. If the salary is less than the average for the sector in the region but more than the going rate for the role stated in Appendix Skilled Occupations, the Home Office may seek an explanation for this.
• Align the role at the appropriate skill level – Now that the salary requirements for the Skilled Worker route are significantly higher, closer attention will be paid to whether the sponsor has correctly aligned the role to a suitable occupation code using CascotWeb (warwick.ac.uk). Sponsors may be tempted to align the role to a lower skilled occupation code, which attracts a lower going salary rate. If the sponsor intentionally chooses an inappropriate code, this may lead to suspension or revocation of their licence.
• Make use of hierarchy charts – The Home Office are making more use of hierarchy charts when assessing sponsor licence applications. They will want to see where sponsored workers fit into the chart and to check there are credible management roles for managing workers.
• Ensure that, if required, sponsors are registered with a regulatory body – The Home Office should check that the organisation is registered to provide the services they are seeking to sponsor e.g. legal services or medical services. If the sponsor states that they are exempt from registration, evidence of their exemption must be provided. Following a rule change on 11 March 2024, care providers in England are required to be registered with Care Quality Commission if they are undertaking a regulated activity.
• Only make sponsorship requests that align with the company’s operating requirements – If the organisation has traded for less than 12 months, there may not be a verifiable record of their presence in the industry and ability to manage employees. If a young organisation requests a large Certificate of Sponsorship (CoS) allocation increase, the Home Office may complete a light touch digital review against Companies House, or they may request documentation to verify that the business intends and is able to offer genuine employment at the volume requested.

What trigger points prompt scrutiny by the Home Office?

Previously, sponsor licence renewals and annual CoS allocation requests acted as trigger points for reviewing licence compliance. However, since annual allocations have become automatic and sponsor licences due to expire on or after 6 April 2024 are now held indefinitely, these have fallen away.

Triggers they now rely on include:

• Initial sponsor licence application;
• HMRC data indicating potential issues e.g. low pay, pay after visa expiry, supplementary employment outside of immigration conditions;
• An in-year request to increase a CoS allocation;
• A defined CoS request (for an overseas Skilled Worker applicant);
• A change in the pattern of CoS usage;
• A change in the SOC (standard occupation classification) codes being used by a business; and/or
• A sponsor change of circumstances notification, e.g. change of company structure.

Errors in understanding sponsor obligations and visa requirements in any of the circumstances above can lead to compliance action from the Home Office and greater scrutiny generally. It is important to get seemingly small sponsor licence requests correct from the outset, and to have systems in place to monitor compliance with any salary and supplementary employment requirements for individuals working within your business.

If you have any queries about this update or need assistance with a sponsor licence application or sponsor compliance review, please contact a member of our immigration team.

Related Item(s): Immigration

Author(s)/Speaker(s): Naomi Hanrahan-Soar, Parvin Iman, Pip Hague,

Recent salary increases under the Skilled Worker route are leading law firms to centralise sponsored roles to London and other higher-paying areas of the UK.

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The salary thresholds applicable to individual Skilled Workers now also depends on whether transitional arrangements apply to them. This has created additional complexity and sponsor compliance risk for law firms.

This article concentrates on some of the main salary-related changes that firms should be aware of. For a detailed analysis of the Skilled Worker route changes in effect from 4 April 2024, see our earlier article here.

Salary thresholds for a new hire who is a qualified lawyer

The changes to the Skilled Worker route have made it important to carefully check a prospective new hire’s current immigration status, as this will determine which minimum salary thresholds must be met.

If the new hire is already in the UK on a Skilled Worker visa and their first Certificate of Sponsorship for the route was assigned before 4 April 2024, then they will come under transitional arrangements (provided they have remained continuously on the route). What this means in practice is that their annual salary must exceed both a general salary threshold of at least £29,000 and the occupation-related going rate for solicitors and lawyers, which is £37,700 for a 37.5-hour working week.

However, if the new hire requires sponsorship under the Skilled Worker route and is applying from overseas or is switching into the Skilled Worker route from another immigration category, they will not be on the transitional track and will have to meet higher salary thresholds. The annual salary in those scenarios must exceed a general salary threshold of £38,700 and the occupation-related going rate for solicitors and lawyers, which is £52,300. This going rate is a whopping 38% higher than for those covered by the transitional arrangements.

Salary thresholds for a trainee solicitor

The same general principles apply for trainees, in that it will depend on their current immigration status. However, new trainees who require sponsorship are unlikely to already be on a Skilled Worker visa, so the majority will be switching from another visa category (for example Student or Graduate visa) or applying from overseas so will not be on the transitional track.

A key distinction for trainees, however, is that in most cases they will be considered ‘new entrants’ and benefit from a discounted annual general salary threshold of £30,960 and only having to meet 70% of the going rate for solicitors and lawyers, which equates to £36,610. Upon qualification, they will have to meet the £52,300 annual salary rate.

While this is a welcome discount, for regional law firms or trainees based in regional offices, a salary of £36,610 for a trainee and a salary of £52,300 for a Newly Qualified solicitor may be well out of reach. In practical terms, this could result in trainees being much less likely to be eligible for sponsorship in roles outside of London or other higher-paying markets.

Salary thresholds for a paralegal or legal consultant

These roles usually fall under the occupation titled ‘Legal professionals not elsewhere classified’. Individuals not covered by the transitional arrangements must be paid at the general salary threshold rate of £38,700 per year (as this is higher than the occupation-related salary threshold of £30,960). New entrants may however be paid £30,960 per year, as this is the applicable general salary threshold and occupation-related going rate for the occupation.

Those on the transitional track must be paid at least an annual salary of £29,000, or at least £23,200 if they are a new entrant.

It is likely to be very hard for many firms to offer salaries at these levels for non-qualified roles, especially outside of London.

Key take-aways for law firms

As shown in the examples above, it is now more important than ever to carefully review what salary rate an individual must meet to qualify for Skilled Worker sponsorship.

We would also suggest law firms consider the implications of these changes on their overall salary structure and the geographic distribution of roles.

For further information on this topic, please contact a member of our Immigration Team.

Related Item(s): Immigration

Author(s)/Speaker(s): Stephen OFlaherty, Sam Koppel,

The European Commission has proposed to open negotiations with the UK to implement an EU-UK youth mobility scheme.

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What’s the news?

On 18 April 2024 the European Commission proposed to the European Council to start negotiations to open a reciprocal youth mobility scheme between the EU and UK for citizens to study, work and live for a limited period.

The scheme as initially proposed would:

• Apply to EU and UK citizens aged 18 to 30;
• Allow stay for up to four years in the destination country for multiple purposes including study, training, work or travel;
• Apply to UK citizens for admission only to one EU country (although it is not clear whether a UK citizen could apply for admission to more than one EU country, up to a maximum of four years in total);
• Not be subject to a quota;
• Allow participants to undertake higher education courses on a home student (rather than international student) fee basis; and
• Ensure that citizens of all EU member states are treated equally (which would not be the case if bilateral agreements were concluded between the UK and individual EU countries).

Why’s this of interest to UK employers?

If some version of the scheme is implemented, this may reduce the need for UK employers to sponsor EU citizens for internships and would assist in filling post-Brexit labour market gaps, for example in the hospitality, retail and childcare (au pair) sectors.

What are the next steps?

The European Council will now consider the proposal, and if approved, negotiations will begin.

Both the Conservatives and Labour have stated they are not interested in progressing a scheme at EU level, preferring instead to negotiate bilateral agreements with individual countries. However, it is too early to predict whether any formal approach from the EU may be rejected outright, or if individual EU or EEA countries will move to conclude youth mobility arrangements with the UK. We shall continue to monitor developments.

If you have any queries about this topic, please contact a member of our immigration team.

Related Item(s): Immigration

Author(s)/Speaker(s): Andrew Osborne, Kathryn Denyer, Tyler Jones,

Immigration scams are an ongoing concern for businesses and individual users of the immigration system. This article provides some guidance on actions that sponsors of workers and individuals can take if they receive an unexpected email, call or letter purporting to be from the Home Office.

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Fraudsters are targeting both individual migrants and sponsors. For example, a person may be asked to pay a deposit as proof of being able to support themselves in the UK; the Home Office will never ask for this. Fraudsters seek to gain access to personal details through contacting immigration system users by email, text, phone or in person. These personal details are then commonly used to access online accounts and ultimately to commit identity fraud or to steal money.

What is the Home Office’s general guidance for all users of the immigration system?

The Home Office’s fraud, tricks and scams guidance can assist immigration system users to differentiate scam communications from genuine ones.

The guidance directs system users to report any suspicions or incidents to Action Fraud online or by phoning 0300 123 2040.

What is the Home Office’s additional guidance for sponsors?

Sponsors who have any concerns about receiving an unexpected call, email or letter claiming to be from the Home Office can also call 0300 123 2499 or email BusinessHelpdesk@homeoffice.gov.uk.

What is best practice if a suspicious immigration-related communication is received?

We would suggest that suspicious communications are reported in all cases. Doing so helps the Home Office to identify and combat new scams as they arise. Also, if a genuine communication from the Home Office is received, reporting it in line with the Home Office’s guidance will provide evidence of action having been taken to query whether it is legitimate or a possible scam.

Related Item(s): Immigration

Author(s)/Speaker(s): Supinder Singh Sian, Angel Skyers,

This Q&A covers questions raised in our webinar.

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The webinar focused on the major changes to the Skilled Worker route due to come into effect from 4 April 2024.

This session discussed:

• Increases to the general salary thresholds and going rate salary thresholds for the Skilled Worker route
• Changes to the new entrant points option under the Skilled Worker route
• Skilled Worker route changes impacting health and care sector workers, and in particular dependants of carers and senior carers
• The replacement of the Shortage Occupation List with the Immigration Salary List
• The Migration Advisory Committee’s commission to carry out a rapid review of the Graduate route
• Phase-out of physical immigration documents
• Other recent and upcoming updates to UK immigration laws and policy

	Question	Answer
1.	Where can I see the new Skilled Worker Rules?	The updated Immigration Rules will be available online from 4 April 2024. You can view the changes to the Rules in the Statement of Changes in Immigration Rules, HC 590. These only outline the changes being made to the existing Immigration Rules rather than showing what they will look like in full. We are happy to assist with any queries on what the new Rules will be and how to interpret them.
2.	Who is subject to the salary thresholds under transitional arrangements for Skilled Workers?	Anyone already on the Skilled Worker route or who is assigned a CoS before 4 April 2024 (but due to a planned SMS system outage, the deadline to assign a CoS is brought forward to 19:00 BST on 2 April 2024). These workers continue to benefit from the transitional arrangements provided they have continuous permission under the Skilled Worker route when seeking to extend, change employer (unless their occupation is listed Appendix Skilled Occupations, Table 2a because it is below A-level equivalent following reclassification under SOC 2020) or settle before 4 April 2030.
3.	Who is subject to the salary thresholds under the new arrangements for Skilled Workers?	Anyone not subject to a transitional arrangement, who is assigned a CoS on or after 4 April 2024. This includes someone applying for Skilled Worker entry clearance coming to the UK for the first time or someone switching into the Skilled Worker route from within the UK for the first time.
4.	If a Skilled Worker is in the UK already and their visa expires after 4 April 2024, can they use the lower salary thresholds under the transitional arrangements?	Yes, they will be eligible to rely on transitional arrangements provided the conditions at Question 2 above are met. Employers should consider seeking legal advice, if needed, to ensure the correct salary threshold is applied to the Skilled Worker in advance of them making their application.
5.	Once a Skilled Worker has been in the UK for five years, do we need to review their salary and occupation code again before they apply for indefinite leave to remain (to settle) in the UK? Presumably we would need to consider the most up-to-date SOC rates, which means it could be significantly higher due to further inflationary increase etc?	Yes, and the salary threshold applicable may vary for each Skilled Worker in this position. Under the changed Rules, if a Skilled Worker is subject to transitional arrangements (see Question 2 above for further details), they will need to apply by 3 April 2030 and meet the higher of £29,000 or the going rate listed in Table 2 or 2a of the new Appendix Skilled Occupations. Those who cannot rely on transitional arrangements will need to meet the higher of £38,700 or the going rate listed in Table 1 of the new Appendix Skilled Occupations. There are exceptions to the general rule. Between now and when the worker is due to settle, the Home Office may decide to increase the applicable general and/or going rate salary thresholds again. Employers should consider seeking legal advice, if needed, to ensure the correct salary threshold is applied to the Skilled Worker in advance of them making their application.
6.	Is it possible to issue a CoS before an employee on a Student visa completes their course, provided they submit the application for immigration permission within three months? We have an employee who is finishing their course in May and will benefit from the transitional arrangements if their CoS is assigned by 19:00 on 2 April 2024.	All Skilled Worker applicants must ensure they submit their immigration application no more than three months after the date their CoS is assigned. Student visa holders who are applying to switch into the Skilled Worker route from inside the UK must also meet one of the following additional requirements: They must have completed their sponsored course of study; or They must be studying a full-time degree or higher level course at a Student route sponsor with a track record of compliance, and the CoS must have a start date no earlier than their course completion date; or They must be studying a full-time PhD at a Student route sponsor with a track record of compliance, and the CoS must have a start date no earlier than 24 months after the start of the PhD course. If the Student visa holder expects to complete their course in May 2024 it should not present a problem for the CoS to be assigned by 19:00 on 2 April 2024. However, the start date should be carefully selected. This must be no earlier than the course completion date, no more than three months after the immigration application will be submitted, and no more than six months after the date the CoS is assigned.
7.	If someone is already in the UK on a Graduate visa for two years, does this mean they can only apply under the new entrant discount for a further two years?	A person seeking to rely on the new entrant discount is allowed a maximum of four-years with immigration permission as a Skilled Worker, Graduate and/or Tier 2 Migrant. This permission does not need to be continuous to be counted. It is important to carefully calculate the end date of the CoS to ensure the immigration permission that would be granted does not exceed this maximum. The calculation must take into consideration that immigration permission granted under the Skilled Worker route will expire 14 days after the CoS end date.
8.	What would be the current rate for an employee on the Graduate route looking to switch at the end the year?	A Graduate visa holder switching at the end of 2024 cannot make use of the transitional arrangements and will be subject to the new salary thresholds set at the 50th percentile. If relying on the new entrant tradeable points option (Option E), their salary must equal or exceed both £30,960 per year or 70% of the going rate for the occupation code. After that, if they are not eligible to rely upon another tradeable points option that attracts a salary discount, the minimum salary for their extension will be £38,700 or the going rate for the occupation code. As a reminder, it is important to ensure the maximum four-year period allowed for new entrants is calculated correctly. See Question 7 above for further information.
9.	Does the age limit for new entrant include 26 or is it strictly under 26?	It is strictly for anyone under the age of 26 on the date of application.
10.	The going rates for many Skilled Worker occupations are based on a 37.5-hour working week. Can we offer a 35-hour working week if the salary still equates to the relevant going rate, or threshold?	Yes, you can change the number of weekly working hours to lower than 37.5 hours, provided the salary offered is at or above the general threshold or the going rate, whichever is higher. The general threshold cannot  be pro-rated, however the going rate can be pro-rated based on the number of hours the applicant will actually work. For example, if the relevant going rate in Appendix Skilled Occupations is £45,000 for a 37.5-hour week, then the pro-rated going rate figure for a 35-hour week will be £42,000.
11.	For those on a Health & Care worker visa, if the individual is renewing after 4 April 2024, would we need to now meet that new salary, £23,200 if, for example, they were renewing in October?	Eligible Health & Care workers will apply using tradeable points option K. Under this tradeable points option, the salary must equal or exceed both £23,200 per year and the going rate for the occupation code.
12.	What about for those transferring their sponsorship from one employer to another. If after 4 April 2024, would we need to meet the £23,200 for those on the Health and Care visa?	Tradeable points option K will be applied to all eligible Health & Care workers whose CoS is assigned on or after 4 April 2024.
13.	For new entrants, is it the general salary threshold AND the going rate threshold that have to be met, or one or the other?	The requirement is for the salary to equal or exceed both £30,960 per year and 70% of the going rate for the occupation code. The higher threshold must be paid.
14.	We were in the process of deciding whether to apply to become a Skilled Worker sponsor, because we have two Graduate visa holders working for us that we would like to retain. Now it looks like the cost and burden of becoming a sponsor will be too high. Can we terminate their employment contracts with notice at the expiry of their Graduate visas? They knew from the start that we did not have a licence to sponsor, but we did say we would look into obtaining a licence. We made no guarantees.	You should ensure you ask whether the employees may be eligible for, or have obtained, any other type of visa that would enable them to work (e.g. dependant or partner) before proceeding to termination. Termination of employment based on sponsorship considerations (as here) may generate the risk of an indirect race discrimination claim in the employment tribunal. There may also be the risk of an unfair dismissal claim if the employees have the requisite level of continuous service. Whether your decision to terminate is actually indirectly race discriminatory will turn on whether you can persuade a tribunal that your decision to terminate was “objectively justified”. You would be relying on the cost and burden of becoming a sponsor to underpin your justification arguments. Unfortunately, the law in this area is underdeveloped. What little case law we have is not favourable to employers that attempt to run costs-based arguments. The leading case on this topic is old (and long predates the current, costly sponsorship system), but the case and its principles remain binding on tribunals. Accordingly, there is arguably more scope for success in running costs-based arguments than there once was, but absolutely no guarantees of success.
15.	I have an employee who has a wet ink stamp in their passport confirming that they indefinite leave to remain in the UK. How do they apply for a UKVI account?	The Home Office has recently updated its eVisa information guidance. It confirms that if a person has a wet ink stamp in their passport confirming a grant of indefinite leave, they should make a ‘no time limit’ application. Assuming the application is successful, they will get a BRP. Once they have their BRP, they can create their UKVI account. The Home Office plans to stop issuing BRPs before the end of 2024. It is not yet clear what process the Home Office may put in place to set up a UKVI account for individuals who have immigration permission but no BRP by the time BRPs are phased out. On the eVisa information guidance webpage, there is an option to sign up for updates.
16.	How long can an employee on Skilled Worker visa remain in the UK if they don’t qualify for an extension under the transitional salary threshold?	When a Skilled Worker’s sponsorship comes to an end, the sponsor is required to submit a report on the Sponsor Management System within 10 working days of their last day of employment. After the report is made, the Skilled Worker’s immigrations status will be cancelled if, at the time cancellation is considered, the individual has more than 60 days remaining on their immigration permission. Otherwise, it will simply expire. The Home Office will issue a cancellation notice, usually by email or by post to the Skilled Worker’s last known address. The cancellation notice will normally state that the individual’s permission will be cancelled so that it will expire 60 days from the date of the cancellation notice. The individual should either submit a fresh immigration application or leave the UK before their immigration permission expires.

Related Item(s): Immigration

Author(s)/Speaker(s): Andrew Osborne, Supinder Singh Sian, Stephen OFlaherty, Naomi Hanrahan-Soar, Pip Hague,

Attachment: QA for WHIIL webinar 26 March 2024

The Home Office is switching off the Sponsor Management System (SMS) from 19:00 on 2 April 2024 until 9:00 on 4 April 2024. This brings forward the deadline for sponsors to issue Certificates of Sponsorship (CoS) before salary threshold rises take effect for work routes from 4 April 2024.

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Sponsors thought they had until 23:59 on 3 April 2024 to assign a CoS to benefit from a lower minimum salary requirement and other more advantageous provisions available in the current Immigration Rules. This will not be the case.

The Home Office did not contact sponsors directly about this change and instead, included the details of the announcement in an updated version of the Sponsor Guidance.

SMS system outage details

The Sponsor Guidance states that a system outage from 19:00 on 2 April 2024 to 9:00 on 4 April 2024 is necessary for the Home Office to implement forthcoming changes to the Immigration Rules.

During this period, sponsors cannot:

• Apply for a new sponsor licence, apply to add routes to an existing licence, or renew an existing licence;
• Apply for a defined CoS for a Skilled Worker based overseas. Any pending defined CoS applications to the Home Office will be cancelled at 19:00 on 2 April 2024. On or after 9:00 on 4 April 2024, a new defined CoS application can be submitted, but it must meet the eligibility requirements under the new Immigration Rules.
• Apply to increase or renew an allocation of undefined CoS for a Skilled Worker already in the UK or a worker sponsored in another work route. Any pending undefined CoS allocation requests will be cancelled at 19:00 on 2 April 2024. On or after 9:00 on 4 April 2024, a new undefined CoS allocation can be requested, but to be able to use it, the allocated CoS must be completed with details of roles that are eligible for sponsorship under the new Immigration Rules.
• Assign any CoS. More on this below.

Reminder: What is a CoS? A CoS is a digital record containing the details of the role and worker an employer wishes to sponsor. There are two types of CoS. Defined CoS is for Skilled Workers applying for permission to enter the UK from overseas. Undefined CoS are for Skilled Workers applying for permission to stay in the UK and for workers on other work routes, who may be applying to enter or stay in the UK.

Sponsors should ensure a CoS is assigned before 19:00 on 2 April 2024 to benefit from the current Immigration Rules

A worker with a CoS assigned before 19:00 on 2 April 2024 will be able to use this to support a visa application for entry clearance or permission to stay, provided it is used within three months of assignment.

The assigned CoS can refer to the current occupation codes (based on SOC 2010) and current salary thresholds. The worker can use their assigned CoS to submit their visa application after 4 April 2024. The key point is ensuring the CoS is assigned before 19:00 on 2 April 2024.

An undefined CoS that has a status of ‘work in progress’ or ‘ready to go’ before the system outage must be updated so that the role meets the eligibility requirements under the new Immigration Rules. This means using the new occupation codes (based on SOC 2020) and much higher salary thresholds.

For more information about the forthcoming changes to the Immigration Rules coming into force on 4 April 2024, see our previous article.

What actions should sponsors take now?

If you have applications that could be affected due to time running out, please urgently contact a member of our immigration team.

We will be covering the SMS outage and the other upcoming major changes to work routes in our next What’s Happening in Immigration Law session on 26 March 2024. For sign up information, click here.

We will also be doing a deep dive of the Rule changes in our Immigration Law Academy taking place on 16 April 2024. For further information and to book, click here.

Related Item(s): Immigration

Author(s)/Speaker(s): Andrew Osborne, Supinder Singh Sian, Stephen OFlaherty, Naomi Hanrahan-Soar, Pip Hague,

The Migration Advisory Committee (MAC) has been commissioned to make a rapid review of the Graduate route, with its report due to be published by 14 May 2024. Employers should plan for potential restrictions to this route or its abolition.

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The Home Secretary published his commissioning letter to the MAC on 12 March 2024.
The review forms part of the Government’s five-point plan to lower net migration, which suggests the Home Office may look for policy options to restrict the route or close it entirely.

What is the Graduate route?

The Graduate route launched on 1 July 2021. It allows Student visa holders completing an undergraduate, postgraduate or doctoral degree in the UK to stay in the UK for three years post-graduation in the case of PhD students, or for two years in all other cases. The route is unsponsored has generous work rights, only excluding work as a professional sportsperson.

Why is the Graduate route being reviewed?

The Government is keen to understand whether the Graduate route is meeting its intended objectives, which include:

• Attracting and retaining the best and brightest international students;
• Supporting excellence in UK higher education;
• Contributing to meeting the UK’s education exports target; and
• Helping businesses to recruit highly qualified international talent.

The commissioning letter refers to possible concerns having arisen in the following areas:

• The creation of a demand for degrees, and in particular shorter-term Masters degrees, driven by the work opportunity of the Graduate route (both for the main applicant and any permitted partner dependant) rather than the value of the educational qualification; and
• Graduate route migrants subsequently switching into the Skilled Worker route for jobs below graduate level, with the majority being sponsored as carers.

What does the commissioning letter say about the Skilled Worker new entrant criteria?

The letter confirms that there will still be a new entrant points option, with a discounted general salary threshold, but that this will significantly increase from the current threshold. Further details on the new entrant general salary threshold and going rate salary discount are due to be published on 14 March 2024.

What is the scope of the MAC’s rapid review?

The MAC has been asked to work with Sir Steve Smith, the Government’s International Education Champion, to gather evidence and provide analysis that may include:

• Any evidence of abuse of the route, including it not being fit for purpose;
• Who is using the route and which universities they graduated from;
• Demographics and trends for students who access the UK labour market using the Graduate route;
• Identifying the activities carried out by Graduate route users, both during their time on that route and afterwards, and analysing whether they are contributing to the economy; and
• An investigation of whether the Graduate route is undermining or supporting the integrity and quality of the UK higher education system in the context of the Government’s wider International Education Strategy and broader Government economic and soft power objectives.

How has the MAC responded to the commission?

The MAC has accepted the commission and noted the following:

• The quality and quantity of evidence they can provide in response to the commission will be substantially limited due to the short timeframe they have been asked to produce their report within; and
• The MAC will not be able to conduct a Call for Evidence from stakeholders.

To assist with answering the questions posed by the Home Secretary, the MAC has asked the Home Office to provide the following data on Graduate route migrants by 26 March 2024:

• Home Office data on all Graduate route participants since the route opened, linked to the Confirmation of Acceptance for Studies from their Student permission;
• Home Office data on all Graduate route participants since the route opened, linked to any visas they have since moved onto, including employment information where relevant; and
• Home Office visa data linked to HMRC records, to enable the MAC to analyse whether Graduate route participants are in work, and what types of role they are occupying.

The publication of the MAC’s report will be delayed if the information is not provided by the deadline indicated.

What are the next steps after the rapid review report is published?

After the report is published, Home Office will consider the MAC’s findings and make changes to the Immigration Rules for the Graduate route.

Since concerns have been raised about whether the route is meeting its intended objectives and the Government is more broadly seeking ways to reduce net migration, it would seem likely that the Rules changes may place additional restrictions on the use of the route (potentially limiting it to graduates from specific institutions for example). The route could also be abolished entirely, as happened with the previous Tier 1 (Post-Study Work) route.

The report has been requested for delivery on a short time-frame, which would suggest the Home Office may bring forward changes in the second half of 2024, perhaps either mid-year or in the Autumn Immigration Rules update.

What are the implications of the review for employers?

Depending on the nature of the resulting Immigration Rules changes, it may be the case that employers will have more restricted access to Graduate route workers, and potentially no access in the future if the route is abolished. Talent pipelines may need to be reviewed to consider whether it is desirable and feasible to sponsor Student route workers directly after graduation.

We will provide a further update once the MAC’s review has been published. If you have any queries about this topic, please contact a member of our Immigration Team.

Author(s)/Speaker(s): Andrew Osborne, Li Xiang, Kathryn Denyer,

This is the biggest reform of UK work routes since Brexit. The clear message from Government is that net migration must be reduced. Most changes affect Skilled Workers and come into force on 4 April 2024, however other work routes are also affected.

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The Statement of Changes in Immigration Rules HC 590 was published on 14 March 2024.
This is one of a package of measures designed to restrict who can come to the UK. Other reforms are due to be implemented during 2024 and into early 2025. See our previous article for a timeline of these.

Below is a summary of the key takeaways for employers.

Skilled Worker route changes

Sweeping changes are made to the Skilled Worker route, including:

• Increases to the general salary thresholds for the various tradeable points options, and the addition of tradeable points options to cover individuals under transitional arrangements (see further details in the table below);
• Increases to the occupation-related going salary rates, from the 25th percentile to the 50th percentile (median), with limited exceptions for national pay scale occupations and Health and Care occupations not on a national pay scale;
• Updates to the going salary rates for occupations on a national pay scale and Health and Care occupations not on a national pay scale – these are in line with the latest data from the Office for National Statistics and/or the latest national pay scale data;
• Updates to occupation coding updated to align with SOC 2020 instead of SOC 2010, including an additional table being added to Appendix Skilled Occupations to enable individuals in deleted occupation codes to be able to extend or settle in the UK;
• Replacement of the Shortage Occupation List (SOL) with a new Immigration Salary List (ISL), including not having a 20% going rate discount for occupations on the ISL;
• Significant expansion of supplementary employment permission; and
• Introduction of Health and Care visa criteria into the Immigration Rules that are currently contained in a separate policy document outside the Rules (with no change to the criteria aside from occupation coding being aligned to SOC 2020 instead of SOC 2010).

The points options for new entrants and holders of relevant PhDs remain in place, with the same percentage discounts on the general threshold and going salary rates as currently. The salary requirements for these groups are however substantially increased because the of the magnitude of the increases to the main general threshold and the move in occupation-related going rates from the 25th percentile to the 50th.

Transitional arrangements apply until 3 April 2030 for Skilled Workers whose Certificate of Sponsorship is assigned before 4 April 2024 and who have maintained continuity of permission as a Skilled Worker since that time.

Further details of the changes are outlined below.

Increases to salary thresholds

The increases to the salary thresholds for Skilled Worker points options are set out below.

20 tradeable points are awarded for a salary that equals or exceeds both the general salary threshold or the going rate, whichever is higher. Under the new Rules, the going rate means the higher of the rate shown in the 50th percentile or £15.88 per hour. For those subject to transitional arrangements, the going rate means the higher of the rate shown in the 25th percentile or £11.90 per hour.

Points option	New salary thresholds	Points option	Transitional salary thresholds
A	Salary equals or exceeds both: £38,700 per year (up from £26,200); and The going rate for the occupation code in the 50th percentile (up from 25th percentile) based on SOC 2020 (instead of SOC 2010).	F	Salary equals or exceeds both: £29,000 per year (up from £26,200); and The going rate for the occupation code in the 25th percentile (the same percentile in place currently) based on SOC 2020 (instead of SOC 2010).
B	PhD in a subject relevant to the job and salary equals or exceeds both: £34,830 per year (up from £23,580); and 90% of the going rate for the occupation code in the 50th percentile (up from 25th percentile) based on SOC 2020 (instead of SOC 2010).	G	PhD in a subject relevant to the job and salary equals or exceeds both: £26,100 per year (up from £23,580); and 90% of the going rate for the occupation code in the 25th percentile (the same percentile in place currently) based on SOC 2020 (instead of SOC 2010).
C	PhD in a STEM subject relevant to the job and salary equals or exceeds both: £30,960 per year (up from £20,960); and 80% of the going rate for the occupation code in the 50th percentile (up from 25th percentile) based on SOC 2020 (instead of SOC 2010).	H	PhD in a STEM subject relevant to the job and their salary equals or exceeds both: £23,200 per year (up from £20,960); and 80% of the going rate for the occupation code in the 25th percentile (the same percentile in place currently) based on SOC 2020 (instead of SOC 2010).
D	Job is on the Immigration Salary List (formerly Shortage Occupation List) and salary equals or exceeds both: • £30,960 per year (up from £20,960); and • The going rate for the occupation code in the 50th percentile (up from 25th percentile) based on SOC 2020 (instead of SOC 2010). Note that a going rate discount is not applicable for this option.	I	Job is on the Immigration Salary List (formerly Shortage Occupation List) and salary equals or exceeds both: £23,200 per year (up from £20,960); and The going rate for the occupation code in the 25th percentile (the same percentile in place currently) based on SOC 2020 (instead of SOC 2010).
E	Applicant is new entrant at the start of their career and their salary equals or exceeds both: £30,960 per year (up from £20,960); and 70% of the going rate for the occupation code in the 50th percentile (up from 25th percentile) based on SOC 2020 (instead of SOC 2010).	J	Applicant is a new entrant at the start of their career and their salary equals or exceeds both: £23,200 per year (up from £20,960); and 70% of the going rate for the occupation code in the 25th percentile (the same percentile in place currently) based on SOC 2020 (instead of SOC 2010).
		K	Job is in a listed health or education occupation and salary equals or exceeds both of: £23,200 per year (up from £20,960); and The going rate for the occupation code in the 25th percentile (the same percentile in place currently). As mentioned, the going rates for Health and Care occupations not on a national pay scale and occupations on a national pay scale are in line with the latest data from the Office for National Statistics and/or the latest national pay scale data.

Supplementary employment

Skilled Workers are allowed to undertake limited supplementary employment, provided they remain working for their sponsor in their sponsored role. The employment must be outside their contracted working hours and for no more than 20 hours a week.

Currently, the employment must either be in the same occupation and at the same professional level as the sponsored role, or in an occupation on the Shortage Occupation List.

An amendment is made to allow supplementary employment for Skilled Workers to be in any occupation that is eligible for the Skilled Worker route. This is a significant and unexpected liberalisation from the current position and may mean that more Skilled Workers consider taking up supplementary employment. Employers should take care that adequate documentation is maintained for any workers carrying out supplementary employment with them – see our earlier article here for further information on this.

Note that this liberalisation does not apply to other sponsored workers to whom the supplementary employment condition applies – see the further section on supplementary employment in other work routes below.

Transitional arrangements for the Skilled Worker route

Transitional arrangements apply to those with existing permission in the route and to those who make an initial application with a Certificate of Sponsorship assigned before 4 April 2024, even if the application itself is made after this date.

For those who are covered under the transitional arrangements, a general threshold based on the 25^th percentile will apply, but it increases for individuals with CoS assigned on or after 4 April from £26,200 to £29,000. This is to account for inflation.

New tradeable points options F to K apply to Skilled Workers subject to transitional arrangements. Going rate salaries are adjusted to align with the most recent salary data in accordance with ASHE 2023 (instead of ASHE 2021). As the UK is in a period of inflation, these salaries are in most cases still significantly higher than currently.

A Skilled Worker applicant subject to transitional arrangements applying to settle in the UK must be paid at least £29,000 or the going rate (set at the 25^th percentile under tradeable points option F), whichever is higher.

Transitional arrangements remain in place until 3 April 2030, provided that an individual seeking to rely on them continues to maintain continuous status under the Skilled Worker route. Short overstays covered by paragraph 39E of the Immigration Rules will be ignored. Applicants should ensure that they submit applications to extend, change employment or settle in the UK before 4 April 2030. Applications submitted after this date will be subject to the new salary requirements.

Changes to other work routes

Supplementary employment in work routes other than Skilled Worker

Where a worker is allowed to undertake supplementary employment, this will now only be allowed if the occupation is on the Immigration Salary List or is in the same profession and at the same professional level as the job they are being sponsored for. This is a significant restriction from the current position, since more occupations are on the Shortage Occupation List than will be on the Immigration Salary List. For further information, see our previous article here.

SOC code updates

The switch to SOC 2020 occupation coding affects all work routes.

Individuals in deleted occupation codes will be able to extend under their existing SOC 2010 code.

Global Business Mobility: Senior or Specialist Worker and UK Expansion Worker routes

The following changes are made:

• The general salary threshold is increased from £45,800 to £48,500;
• The going salary rates remain at the 25^th percentile, but are updated in line with ASHE 2023.

  The High Earner threshold for these routes remains at £73,900.

  Transitional arrangements apply until 3 April 2030 where an individual is already sponsored in these routes or makes their initial application with a certificate of sponsorship assigned before 4 April 2024. They work in a similar way as for the Skilled Worker route, except that individuals in these routes will not use them to change employer or settle.

  Global Business Mobility: Graduate Trainee route

  The following changes are made affecting individuals with a certificate of sponsorship assigned on or after 4 April 2024:

• The general salary threshold is increased from £24,220 to £25,410;
• The going salary rates remain at 70% the 25^th percentile, but are updated in line with ASHE 2023.

Creative Worker route

A redundant reference is being removed regarding an exemption from resident labour market testing where the occupation is on the Shortage Occupation List. This is because the current system does not require resident labour market testing. A requirement is however introduced to demonstrate that the Creative Worker will be making a unique contribution to creative life in the UK.

The Home Office has rejected the Migration Advisory Committee’s recommendation to apply a minimum salary threshold is applied to this route so that it cannot be used to pay lower salaries than under the Skilled Worker route.

Scale-up route

The general salary threshold for this route was originally designed to be higher than the Skilled Worker general thresholds. It is updated from £34,600 to £36,300, meaning it will now be lower than the main Skilled Worker general threshold of £38,700.

Transitional arrangements are available for those whose certificate of sponsorship was assigned between 12 April 2023 and 3 April 2024. They will continue to be able to extend or settle provided their salary is £34,600 or more per year.

Seasonal Worker route

For certain poultry workers who are paid in line with the Skilled Work route, the salary threshold is raised from £26,200 to £38,700 and the hourly rate from £10.75 to £15.88.

The minimum hourly rate of pay for this route is increased to £10.42 to £11.44, in line with increases to the National Minimum Wage and National Living Wage.

Partner route changes

The Partner route includes permission to work. The minimum income requirement to qualify under this route is being increased from £18,600 for the main applicant to £29,000. The requirement to have additional income for children is removed. The threshold above which savings may count towards meeting the minimum income requirement remains at £16,000.

The changes to the Partner route take effect for applications made on or after 11 April 2024. Transitional arrangements are made for individuals who have made their first (successful) application as a fiancé(e), proposed civil partner or partner before 11 April 2024. They must meet the current financial requirements.

More restricted work permission for asylum seekers

The Rules confirm that from 4 April 2024 asylum seekers may only request permission to work in occupations included on the Immigration Salary List. This is a significant further restriction on the current position, where permission may be sought to work in an occupation on the Shortage Occupation List. It is contrary to the MAC’s October 2023 recommendation that asylum seekers who are allowed to seek permission to work should be able to work in any job.

What actions should employers take now?

Employers should urgently review potential applicants and assign CoS where possible before 4 April 2024. It is important for employers to act as soon as possible, particularly in view of ongoing processing delays that could slow down preliminary steps such as obtaining a certificate of sponsorship. For more information and top tips, see our previous article.

We will continue to monitor for further details and provide updates in this area. We will also be covering these changes in our next What’s Happening in Immigration Law session on 26 March. For sign up information, click here.

If you have any queries about this update or need assistance with a work route application, please contact a member of our immigration team.

Related Item(s): Immigration

Author(s)/Speaker(s): Andrew Osborne, Supinder Singh Sian, Stephen OFlaherty, Naomi Hanrahan-Soar, Kathryn Denyer, Pip Hague,

From 4 April 2024 many people who would qualify now, will not be able to get a Skilled Worker visa. Hefty increases to the occupation-based ‘going rate’ salary thresholds and the new general salary threshold of £38,700 will impact a vast number of would-be applicants. Employers should urgently review potential applicants to submit applications now and avoid disappointment in the near future.

Text:

The full extent of salary changes to work routes and the extent of transitional arrangements will only be confirmed once new Immigration Rules are published on 14 March 2024. However, the clear message from Government is that net migration must be reduced and these salary increases are one heavy hammered approach to doing so.

Employers should urgently review the immigration position of their existing workforce, as well as new hires in the pipeline. Many employees may be intending to apply for extensions within the Skilled Worker category or switches into it from other categories and will no longer be able to do so if they leave it until after 3 April 2024. It is therefore important to assess whether potentially affected individuals could apply before the changes. Employers may also want to consider assisting those currently eligible under the Partner route, where similar salary increases could affect their continuity of employment as well.

Questions to ask include:

• Will the employee still meet the minimum salary requirement after the changes? Anyone on the following visas should be assessed:
  • Student
  • Graduate
  • Ukraine Scheme
  • Senior or Specialist Worker
  • Graduate Trainee
  • Dependant
  • Youth Mobility
  • Spouse, partner, family route visa holders

• Should new hires or assignments under the Creative Worker, Senior or Specialist Worker, Graduate Trainee or UK Expansion Worker routes be brought forward?
• Will a worker who is eligible to apply under the Partner route still be eligible after the minimum income requirement is raised to £29,000 on 11 April 2024, or £34,500 later in 2024?
• Should a worker who is a carer or senior carer be sponsored before 11 March 2024 if they wish to be accompanied or joined by dependants?
  • Should the business consider becoming a sponsor under the Scale-up route if eligible?

It is important for employers to act as soon as possible, particularly in view of ongoing processing delays that could slow down preliminary steps such as obtaining a certificate of sponsorship.

Substantial rises to going rates for Skilled Worker route occupations

It has been widely publicised that the general salary threshold for new applicants to the Skilled Worker route will rise from £26,200 to £38,700. In addition, sponsors should also note the following changes to the ‘going rate’ thresholds will apply for each eligible occupation (as dictated by its Standard Occupation Classification (SOC) code):

• The going rates will rise from the 25th percentile to the 50th percentile (median) of the salary range for each occupation;
• The salary ranges will be adjusted for inflation; and
• The SOC codes for each occupation will be updated to align with SOC 2020 instead of SOC 2010.

It is anticipated that the going rate thresholds for individuals who are already on the Skilled Worker route will remain at the 25th percentile due to transitional arrangements, however the current going rates will be updated to SOC 2020 coding and adjusted for inflation using ASHE 2023 data.

Some examples of the anticipated salary changes for commonly used SOC codes are included below.

SOC code (SOC 2010)	SOC code (SOC 2020)	Current going rate per year (GBP)	Estimated going rate per year for new Skilled Workers not covered by transitional arrangements (50th percentile, GBP)	Estimated going rate per year for existing Skilled Workers covered by transitional arrangements (25th percentile, GBP)
2135 IT business analysts, architects and system designers	2133 IT business analysts, architects and system designers	30,080	51,698	39,328
2136 Programmers and software development professionals	2134 Programmers and software development professionals	27,200	49,430	36,296
2139 Information technology and telecommunications professionals not elsewhere classified	2139 Information technology professionals not elsewhere classified	25,680	44,244	31,559
2413 Solicitors	2412 Solicitors and lawyers	33,700	52,296	37,733
2419 Legal professionals not elsewhere classified	2419 Legal professionals not elsewhere classified	52,100	29,571	23,540
2421 Chartered and certified accountants	2421 Chartered and certified accountants	31,300	46,847	33,905
3520 Legal associate professionals	3520 Legal associate professionals	21,500	29,965	24,333
3534 Finance and investment analysts and advisers	2422 Finance and investment analysts and advisers	28,600	40,629	32,141
3538 Financial accounts managers	3534 Financial accounts managers	29,800	41,622	32,549
3545 Sales accounts and business development managers	3556 Sales accounts and business development managers	35,100	52,495	39,093

Groups of worker likely to be most heavily affected by the Skilled Worker route changes

The increases to the salary thresholds will affect all Skilled Worker applicants and are likely to be most challenging for smaller businesses and businesses operating outside of the South East of England. There are also particular issues for certain groups of applicant, some which are outlined below.

New entrants and workers early in their career

The Home Office’s intended policy on this group of workers is still not clear, however the rise in going rates from the 25th percentile to the 50th means that workers who are earlier in their career are less likely to be eligible for sponsorship unless they meet the new entrant criteria.

In their report on the rapid review of the Immigration Salary List (which will replace the current Shortage Occupation List), the Migration Advisory Committee (MAC) has also encouraged the Home Office to consider the impact of the salary threshold increases on use of the new entrant points option. The MAC’s concern is that the existing 20% general salary threshold and 30% going rate discount may act as an incentive for employers to use this points option to fill vacancies that would otherwise be unaffordable to sponsor.

We have previously highlighted some of the policy issues relating to the new entrant points option. In particular, it may not be viable to increase a relatively junior employee’s salary to meet the full salary thresholds once they are no longer eligible for points under the new entrant criteria.

Sponsors wishing to use the new entrant points option in its current form should do so without delay, for example for sponsoring eligible Student or Graduate route switchers.

Ukraine Scheme participants

The Home Office has recently reconfirmed that the Ukraine Schemes are intended as a temporary protection route. Although a further 18-month extension will be made available from early 2025, these routes are not intended to lead to settlement.

Some scheme participants who wish to settle may currently qualify under the existing Skilled Worker salary thresholds but may not continue to qualify once the thresholds are raised.

For further information on recent changes and updates to the Ukraine Schemes, see our earlier article here.

Care workers

Health and care workers will not be subject to the full £38,700 general threshold due to exemptions for workers eligible under the Health and Care visa and/or occupations anticipated to be included on the new Immigration Salary List.

However, where a carer or senior carer’s first sponsored work application is submitted on or after 11 March 2024, they will not be eligible to be accompanied by dependants. Workers with families may therefore wish to apply before this takes effect. For further information on this change, see our earlier article here.

Individuals eligible for the Partner route

Some workers with limited immigration permission who are currently eligible for the Partner route may cease to be once the minimum income requirement is increased from £18,600 to £29,000 from 11 April 2024. A further increase to £34,000 is scheduled for later in 2024 and another increase to £38,700 in early 2025.

These employees will likely be equally ineligible for sponsorship under the Skilled Worker accordingly.

Potential knock-on adjustments to other work routes

Although no specific announcements have been made by the Government regarding the salary thresholds for other work routes, these are likely to be adjusted to avoid displacement of applications from the Skilled Worker route into other routes and to reflect recent inflation.

Creative Worker route

The Migration Advisory Committee (MAC) has flagged that currently the Creative Worker route does not operate a minimum salary threshold. The MAC has recommended that a minimum salary threshold is applied to this route so that it cannot be used to pay lower salaries than under the Skilled Worker route.

Senior and Specialist Worker, UK Expansion Worker and Graduate Trainee routes

These routes are underpinned by the UK’s commitments to facilitate temporary intra-corporate mobility under the General Agreement on Trades and Tariffs (GATS). It is not yet clear whether the Home Office will continue to use the 25th percentile going rates for these routes, or if it will be considered appropriate to lift these to the 50th percentile.

There is also the possibility that the following thresholds may be lifted:

• General salary threshold for Senior or Specialist Workers and UK Expansion Workers (currently £45,800);
• General salary threshold for Graduate Trainees (currently £24,200); and/or
• The High Earner threshold for Senior or Specialist Workers and UK Expansion Workers (currently £73,900).

Scale-up route

This route was introduced in on 22 August 2022 and the general salary threshold for it was increased from £33,000 to £34,600 on 11 April 2023. The general salary threshold for this route was originally designed to be higher than the Skilled Worker general thresholds, so it is possible it may be further revised along with other April 2024 Immigration Rule changes.

No specific review of the Scale-up route has been announced. However, the Home Office previously confirmed when it was launched that it would be monitored for general trends in usage and effectiveness. It is therefore possible that a review could be carried out in the short to medium-term, depending on observed trends and Home Office priorities.

We will continue to monitor developments and provide updates in this area. If you have any queries about this update or need assistance with a work route application, please contact a member of our immigration team.

Related Item(s): Immigration

Author(s)/Speaker(s): Naomi Hanrahan-Soar, Andrew Osborne, Supinder Singh Sian, Stephen OFlaherty, Kathryn Denyer,

New Immigration Rules laid on 19 February 2024 have made immediate changes to the Ukraine Schemes, including closing the Ukraine Family Scheme. A separate announcement reconfirms that the Ukraine Schemes do not lead to settlement, but that an 18-month extension will be available for scheme participants from early 2025. Participants wishing to settle in the UK should urgently review their options ahead of restrictions to work and partner routes being implemented in March and April 2024.

Text:

Statement of Changes in Immigration Rules HC 556 signals a more restrictive approach to the immigration provisions for Ukrainian citizens and their family members, against the backdrop of a renewed UK government commitment to reduce net migration and the Ukraine government’s wish for its citizens to return to the country when it is safe to do so.

What immediate changes have been made to the Ukraine Schemes?

The new Immigration Rules confirm that from 15:00 GMT on 19 February 2024:

• The Ukraine Family Scheme has been closed to new applicants, leaving only the Homes for Ukraine Sponsorship Scheme and the Ukraine Extension Scheme currently open;
• Additional grounds for refusal will be applied to Ukraine Scheme applicants, including previously breaching UK immigration laws or failing to provide required information etc.; and
• A grant of permission under the Homes for Ukraine Sponsorship Scheme is now for 18 months instead of 36 months.

The Ukraine Extension Scheme is due to close from 16 May 2024. However, the new Rules confirm that a child born in the UK after 18 March 2022 to a Ukraine Scheme participant will continue to be able to make an application under the Extension Scheme after this date. They will have immigration permission granted in line with their parent(s).

Separately, the Government has confirmed that a sponsor under the Homes for Ukraine Sponsorship Scheme now must be a British or Irish citizen, or settled in the UK. Previously, any person holding at least six months’ UK immigration permission at the date of the visa application could act as a sponsor.

What has been announced on extension of permission under the Ukraine Schemes?

A Government news story published on 19 February 2024 states that from early 2025, existing Ukraine Scheme participants will begin to be able to apply to the new Ukraine Permission Extension Scheme. Individuals who have permission outside the Rules because they required sanctuary in the UK will be able to apply. Extension applications should be made within three months of the existing permission expiring.

Further details of the scheme will be made available in the coming months, however it is already confirmed that successful applicants will be issued with permission to stay in the UK for a further 18 months, with the same access rights to work, benefits, healthcare and education as their current permission.

The news story also reconfirms the UK Government’s position that the Ukraine Schemes are a temporary protection route. They are not intended to lead to settlement in the UK.

Why should Ukraine Scheme participants act now if they wish to settle in the UK?

Over half of respondents to a recent survey carried out by the Office for National Statistics have indicated they would wish to remain in the UK even if Ukraine becomes safe to return to.

Ukraine Scheme participants currently have immigration permission that is not due to expire until March 2025 at the earliest. It is a free scheme, and it is possible the Government’s position on settlement may change in the future.

However, participants who wish to settle in the UK should consider urgently reviewing their immigration options if they have not already done so. This is because:

• Restrictions due in March and April 2024 to work and partner routes mean that some individuals who are currently eligible to apply may no longer be once the changes come into effect; and
• Time spent under the Ukraine Schemes does not currently count towards the five-year qualifying period required for settlement under work routes or the five or ten-year qualifying period required for settlement under the partner route.

If you have any queries about this topic, please contact a member of our Immigration Team.

Related Item(s): Immigration

Author(s)/Speaker(s): Stephen OFlaherty, Clara Le Chevallier, Kathryn Denyer,