Immigration

The United Kingdom government has published a White Paper outlining its goals to overhaul and restrict immigration. This aligns with the overall goal to reduce migration to the UK and prioritize the domestic labor market. The proposals will require debate in Parliament in order to change existing rules or will be part of new legislation. While it is unclear when and if implemented, employers should be aware of the potential reforms for planning purposes.

Relevant Provisions for Employers

• Increased Educational Requirements for Skilled Workers: Requirement that companies can only sponsor if the role necessitates a RQF Level 6 (Graduate Level) from the prior eligibility of a  under RQF Level 3 (College Level). If the educational requirement falls below, then the position could be considered for a visa only if listed if on the Temporary Shortage Occupation List. This would largely impact entry-level and lower-skilled positions.
• Reduced Work Eligibility for Foreign Student Graduating from a UK University: For eligible students, work eligibility post-studies would be reduced to eighteen (18) months from the current twenty-four (24) months and require a connection to a future position.
• English Language Requirement: English Language proficiency may be increased to Level B2 from A1 under the Common European Framework of Reference (CEFR) system for workers subject to the language requirement. Adult dependents  may also be subject to passing a Level 1 proficiency test.  
• Optimized Immigration Pathways for High Potential Individuals, Global Talent, and Innovator Founders: The number of institutions that would qualify for graduates to apply for the High Potential Individuals Program would double. The Global Talent and Innovator Founder programs will expand, while also streamlining the process to attract talent.
• Indefinite Leave to Remain and Citizenship: The required time to qualify for Indefinite Leave to Remain would expand from five (5) years to ten (10) years, as would the requirements for citizenship – ten (10) years would be the requirement from the current five (5). There are discussions of expediting and streamlining the process for those the government considers economically and socially-contributive.
• Increase in Fees: A significant increase in government filing fees are tentatively on track to be put in place later in 2025.

Recommendations

While the proposal is in very early stages and not expected to be in effect soon, we recommend businesses keep the above in mind while planning their and their employee’s future in the UK:

• If an employer wishes to transfer an employee to a position that could be considered entry-level or not require a high level of educational background, we recommend accelerating the transfer before the above may go into effect.
• Begin discussions with employees who meet or are soon to meet the current (five year) eligibility for Indefinite Leave to Remain or Citizenship.

Pryor Cashman LLP continues to monitor updates related to United Kingdom Immigration. Should you have any questions, please reach out to your immigration contact at our firm.

Associate Mary Connelly was a contributing author to this client alert.