The changes that are most likely to be of interest to employers are summarized in this article. HC 719’s modifications take effect on November 9, 2022, unless otherwise specified.
No Reform To Innovator Route
After the Tier 1 (Investor) route was shut down in February 2022, the government declared its intention to open a new route for knowledgeable and seasoned professional business angel investors to fund cutting-edge UK companies. This was left off of the Autumn Statement of Changes. Further confirmation on whether and when this reform will be implemented is awaited following the appointment of Grant Shapps as Home Secretary on October 19, 2022.
Skilled Worker
Calculating whether salary requirements are met under the route receives a significant modification. Guaranteed payments other than basic salaries will be accepted for applications submitted on or after November 9, 2022, provided that they are treated exactly the same as basic gross pay for tax, pension, and national insurance purposes.
This makes it easier to include payments in the salary calculation, such as London weighting and other high-cost area supplements.
A technical change is also made to make it clearer that an entry clearance or permission to stay will only be granted for a maximum of five years, and that it will only be valid for 14 days after the certificate of sponsorship expires.
For the CT3/CT3-5 level, the going rate for specialty registrar doctors has been reduced from £56,077 to £51,057 in order to fix an earlier mistake in the Rules.
Global Business Mobility Routes
The UK’s trade agreements with Australia and New Zealand are covered by new rules that have been added. These make it possible for Australian and New Zealanders who are citizens or permanent residents to be qualified under the Service Supplier route and offer services in accordance with the trade agreements. Immigration permission will be granted for a maximum of 12 months to those applying under the Australian trade agreement. It will be a maximum of six months for the trade agreement with New Zealand.
Minor changes have also been made to the Global Business Mobility routes to correct previous drafting errors. The financial requirement under these routes may only be certified by A-rated sponsors, which is the most important clarification.
Creative Workers
The ability to switch into the Creative Worker route from within the UK will no longer be permitted for standard visitors or visitors for authorized paid engagements.
Application for a permit to remain made with a sponsorship certificate issued on or after November 9, 2022, will be subject to the modification. The industry will need to consider this when preparing for relocation to the UK.
Opera and theatre performers’ codes of conduct have been divided, updated, and made more specialized for those genres. Sponsors should review the modifications for employees they plan to sponsor beginning on November 9, 2022.
Seasonal Workers – Poultry Workers
The new policy will take effect on October 18, 2022, at 6:00.
Employees who produce poultry may apply for immigration authorization through the Seasonal Worker route, with the season beginning no earlier than 18 October and ending no later than 31 December each year. By 15 November of each year, applications must be submitted.
The following occupation codes are covered:
- SOC 5431 – Butcher
- SOC 5433 – Bird/game dresser; Killer and plucker; Plucker; Poulterer; Poultry processor; Poultry sticker; Trusser
- SOC 8111 – Food operative
- SOC 9111 – Poultry catcher/handler
- SOC 9119 – Poultry vaccinator
- SOC 9134 – Poultry meat packer
Applicants must also:
- Be paid at least £10.10 for each hour worked;
- If occupying a SOC 5431 or 5433 role, be paid at least £25,600 per year pro rata; and
- Work at least 30 hours a week for pay.
Work Routes – Reductions In Pay
A change is made that enables a sponsored worker whose hours have been cut due to personal health issues or a phased return to work to temporarily lose their pay. The employee must still be paid at or above the hourly rate that was in effect at the time they received their most recent immigration permission, and an occupational health assessment must support the reduction in working hours.
Employment In Elected Posts In Local Or Devolved Government
To enable people to run for office and fill elected positions in local or devolved government when they are otherwise qualified to do so, immigration categories, including work restrictions, are being changed.
Ukraine Extension Scheme
People who receive permission to enter the UK for any time between 18 March 2022 and 16 May 2023 are now eligible for the program. Under the program, accepted candidates are given a 36-month stay period.
Some employees who are currently in the UK and would prefer not to extend their permission under their current route due to cost or other considerations may be interested in this option. However, they should be aware that permission under the Ukraine Extension Scheme does not currently result in settlement and cannot be applied to the qualifying period for other settlement routes.
In order to submit applications by the deadline of November 16, 2023, a deadline is being introduced. This is to encourage eligible people to keep their regular status in the UK.
Children Of Hong Kong British Nationals (overseas)
Adult children of Hong Kong British Nationals (Overseas) who qualify may submit applications on their own behalf and without having to live with their parents (along with their partners, dependent children, and other adults who are dependent on them).
Formal Abolition Of The Police Registration Requirement
Part 10, which outlines the prerequisites for police registration, as well as Appendix 2, which lists the nationalities covered by those prerequisites, are deleted from the Immigration Rules. Additional changes are also made to remove the prerequisite as an immigrant requirement for specific visa routes.
The scheme, which has been on hold since August 2022, has officially ended as a result of these changes. In our earlier article, we talked about the practical ramifications of this.
English Language Requirement
The British Overseas Territories are on the list of countries with a majority of English-speaking citizens, so residents of these areas will be presumed to meet the English language requirements for UK immigration applications.
Visitors
Amendments are made to the visitor rules to:
- Allow sports officials to support sports tournaments and events in the UK without having to attend the same event as a sportsperson who is carrying out permitted sporting activities; and
- Allow midwifery students enrolled in courses leading to degrees equivalent to those earned abroad to travel to the UK to participate in unpaid electives with a UK education provider, with the condition that they not provide patient care.
The International Sportsperson route has also undergone modifications to allow visiting sports officials to change to it without departing the UK.
Visa Nationals List
As a result of their removal from the list of nationals who need visas, citizens of Colombia, Guyana, and Peru will no longer need one to visit the UK or travel there for other temporary purposes up to six months in length.
Applications By Overstayers
In certain situations where the applicant is an overstayer, applications for permission to stay may be accepted pursuant to paragraph 39E.
The scope of this paragraph is being extended to cover those who have overstayed because their application to reapply before the expiration of their prior immigration authorization was denied. Only those who had their application denied are currently covered.
Void Applications
The Immigration Rules will soon include a new paragraph called 34KA that addresses applications that are void. Only Home Office policy guidance includes this at the moment.
It affirms that such an application will not be taken into consideration and defines a void application as one that the Home Office cannot grant.
Examples of void applications are set out as follows:
- Applications made by persons exempt from immigration control, unless they are applying under the EU Settlement Scheme;
- Applications for temporary immigration permission made by persons who are settled in the UK;
- New applications made by individuals who hold statutory immigration permission during a time where they are within time to appeal a refusal decision, unless that application is under the EU Settlement Scheme or is a human rights or protection claim; and
- applications in which the applicant passed away before a choice was made.
In addition to delving deeply into immigration categories for work, sponsorship, and right to work, our Immigration Law Academy on November 9 and 10, 2022, will cover these changes. For more details and to sign up, click here. To speak with a member of our immigration team about any specific questions you may have regarding these developments, please contact us.
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