Business Immigration changes – Here we go again

Skilled Worker roles must now meet RQF Level 6 (degree level or above), very much like the old Tier 2 (General) system. This change actively reverses the previous reduction, which took place in the wake of Brexit and lowered the threshold to RQF 3. With this change, that means approximately 180 eligible occupations (those at RQF 3-5) will be removed from general eligibility.

However, there will be transitional arrangements that provide protection for those already in sub-degree roles, or those that hold valid Certificates of Sponsorship before 22 July 2025. This includes workers already in the Skilled Worker route, or those that have been sponsored for an application which is later successful. That means existing Skilled Worker visa holders can continue to renew their visas, change employment, and take supplementary employment in occupations below RQF Level 6.

It’s important to note that these transitional arrangements will not be in place indefinitely, and are set to be reviewed in due course. For the avoidance of doubt, they are a secondary set of transitional arrangements and run alongside the existing set from the changes in April 2024.

The government are introducing routine updates to salary requirements across the Skilled Worker, Global Business Mobility, and Scale-up routes. These updates are in line with the latest (2024) Annual Survey of Hours and Earnings (ASHE) data, and make the remainder of the standard update to general salary thresholds and going rates for individual occupations:

These are based on the latest ASHE data to reflect UK pay trends, but there are no transitional arrangements for the salary changes, meaning that extension applications for existing Skilled Workers will still be subject to the higher requirements.

There has also been a restructure of Appendix Skilled Occupations, so that it now presents the eligible occupations and updated going rates in separate tables for occupations at RQF Level 6+ and sub-degree occupations at RQF Level 3-5. It’s crucial for employers to check where their roles sit under these updated lists. Just because a role can be found in Appendix Skilled Occupations does not mean it is eligible for sponsorship, and careful analysis of where it appears is now more important than ever. Alongside this, there are updated salary rates for NHS and health roles in Scotland, where these have been corrected to align thresholds across the UK.

Whilst the Immigration Salary List (ISL) will exist for a little longer, it will ultimately be phased out in future changes to Immigration Rules. Having previously been known as the Shortage Occupation List for many years, the ISL has not been long-lived, and its next iteration will take the form of the Temporary Shortage List (TSL). In the meantime, the ISL will have fixed salary floors of £33,400 (RQF 6+) and £23,200 (RQF 3-5), and, most notably, no going rate or visa fee reductions - workers will be subject to the full occupational going rate.

For the replacement TSL, approximately 50-52 occupations are deemed vital to the Modern Industrial Strategy, applicable for RQF 3-5 roles only. However, these entries are time-limited and conditional, and will be subject to ongoing review by the MAC. Occupations will only be included or retained on the list where the MAC has advised that it’s justified, where there is a workforce strategy in place, and where employers seeking to recruit from abroad are committed to playing their part in increasing recruitment from the domestic workforce.

The government are set to provide removal dates for occupations on both lists at the end of 2026, but this date could be brought forward if there are any compliance issues present on the lists.

It is important to note that workers sponsored in occupations on either list at RQF 3-5 will be prohibited from bringing their families with them to the UK from 22 July 2025 onwards. For many prospective employees, this could be a deal breaker. It doesn’t apply, however, for occupations at degree level or above, or workers sponsored in occupations at RQF 3-5 who are already in the Skilled Worker route before 22 July 2025.

From 22 July 2025, care workers and senior care workers (SOC 6135/6136) will no longer be able to apply for entry clearance from outside the UK and so new applicants cannot be sponsored after this date. The policy context surrounding this change simply states, “concerns over workers sponsored as care workers and senior care workers (occupation codes 6135 and 6136) are well known”.

However, for now, in-country switches and extensions will remain possible until 22 July 2028 - that includes those switching from other visa routes. When this transitional period ends, these occupations will be removed from the Immigration Salary List/Temporary Shortage List. The transitional provision will be kept under review so as to enable a flexible response to any further emerging compliance issues in the sector.

The government also want to ensure that the occupation code “6131 Nursing auxiliaries and assistants” will not be misused to circumvent the changes, so a clarification is being added to confirm this code only applies to roles in environments where registered nurse roles also exist.

We anticipate that the following further changes not captured in this Statement of Changes but set out in the government’s White Paper will be introduced in due course, potentially by the end of 2025:

• An increase of 32% to the Immigration Skills Charge;
• An increase to the English Language requirement, most likely across all routes;
• An increase to the qualifying period for indefinite leave to remain from 5 years to 10 years; and
• A new framework for family visa policy.

With a rapid introduction set for 22 July 2025 shortly after the statement was published at the beginning of the month, Home Office compliance efforts on the increase, and further changes in the pipeline, it’s essential for sponsors and employers to develop a firm understanding of what those changes mean for your business, for your policies and processes, and for your longer-term recruitment and workforce planning strategies. Where possible, employers may wish to seize upon this very small window of opportunity to assign Certificates of Sponsorship under the existing rules.

That’s where we can help. If you’d like to know more about how these changes impact you, or would like to know how we can support you with your business immigration requirements, please don’t hesitate to get in touch with a member of our team.