United Kingdom | Immigration | Upcoming Immigration Changes


March 14, 2023

10 March 2023

Immigration

United Kingdom | Upcoming Immigration Changes

Impact: High

Summary

The UK government has announced details of upcoming changes to the Immigration Rules. Key changes include:

  • The Electronic Travel Authorisation (ETA) scheme will open for applications in October 2023 for Qatari nationals and in February 2024 for nationals of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the UAE;
  • Under the Youth Mobility Scheme, the age range and allowable length of stay have been expanded for nationals of New Zealand in line with the recent enhanced trade agreement;
  • Introduction of a new Innovator Founder route (which replaces the existing Innovator Route) and closure of the Start-up route; and
  • Increase in salary thresholds across various employment categories.

The implementation of these changes will be staggered over the next few months and key dates are set out below.

The Detail

Electronic Travel Authorisation (ETA) Scheme

The government intends to implement the ETA scheme in a phased manner on a nationality basis over the next two years.

The scheme will apply to both individuals visiting and/or transitioning through the UK who do not currently require a visa for short stays and will include the Creative Worker route for short stays in the UK.

From 15 November 2023, Qatari nationals will need an ETA to travel to the UK, with the application process opening from 25 October 2023. The scheme will then be expanded from 22nd February 2024 to the following nationals who will also need an ETA:

  • Bahrain
  • Jordan
  • Kuwait
  • Oman
  • Saudi Arabia
  • United Arab Emirates

Applications for nationals of these countries can be made from 01 February 2024.

Applications can be made via a new UK ETA App or an online application form, with decisions typically being made within 3 working days. The validity of the ETA will be for a period of 2 years or until the expiration of the individual’s passport (whichever comes first). The government has not yet confirmed the costs of the ETA scheme however we do know that should an ETA application be refused the individual will be required to apply for a Visitor visa/Transit visa or Creative Worker visa, depending on circumstance.

It is important to note that individuals who are legally resident in Ireland, and do not need a visa to enter the UK, will not need to apply for an ETA if they are entering the UK from Ireland, Guernsey, Jersey or the Isle of Man.

Youth Mobility Scheme (effective from 12th April 2023)

In line with the recent enhancement of the UK/ New Zealand trade agreement, New Zealand nationals will be eligible for the Youth Mobility scheme up to the age of 35, rather than the age of 30 as is currently the case. They will also be granted a three year visa as opposed to a two year visa.

In addition, the annual allocation of visas under the Youth Mobility Scheme for Australian nationals has increased from 30,000 to 35,000. For Canadian nationals, the annual allocation has increased from 6,000 to 8,000.

Introduction of a new Innovator Founder route and closure of the Start up route (effective from 13th April 2023)

A new Innovator Founder route will replace the current Innovator route, making it an easier and more attractive route for those with a genuine business proposal to establish an innovative business in the UK.

The new route however has no minimum funds requirement which is currently set at a minimum of £50,000. The rules around secondary employment have also been relaxed, so long as such employment is within a skilled role (RQF Level 3 or above).

The removal of the minimum funds requirement means the start-up route is now closed, except for applications which are supported by endorsements issued before April 13th 2023.

The Innovator Founder route gives successful applicants and their dependents permission to live and work in the UK for 3 years.

Increases to salary thresholds and going rates (effective from the 12th April 2023)

In line with the imminent increase to the national living wage in April 2023, minimum salary levels will increase across the Skilled Worker, Seasonal Worker, Scale-up and Global Business Mobility routes.

Skilled Worker

  • The general Skilled Worker minimum salary threshold will increase from £25,600 to £26,200.
  • Where the applicant has a PhD in a subject relevant to the role, the salary threshold will increase from £23,040 to £23,580.
  • Where the applicant is a new entrant, holds a PhD in a STEM subject relevant to the role, or the role appears on the Shortage Occupation List (SOL), the salary threshold will increase from £20,480 to £20,960.

Global Business Mobility

The Global Business Mobility Senior or Specialist Worker minimum salary threshold will increase from £42,400 to £45,800 and the Global Business Mobility Graduate Trainee minimum salary threshold will increase from £23,100 to £24,220.

Scale-up route

The Scale-up route minimum salary threshold will increase from £33,000 to £34,600.

Going rates

Going rates for Skilled Occupations will be based on a 37.5 hour week, rather than the current 39 hour week. In practice this will mean increases across the going rates of occupations for many employers whose employees are contracted to work for less than 39 hours a week.

How we can help

Vialto’s immigration team can help you navigate the changes mentioned in this article and will continue to monitor further changes, particularly with the staggered approach of the roll out of the ETA and further nationalities being added to the scheme.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

  • Ian Robinson, UK Partner | ian.j.robinson@vailto.com
  • Andrea Als, UK Director and Solicitor | andrea.als@vialto.com
  • Awale Olad, UK Advisory and Manager awale.olad@vialto.com
  • Lucy Vaux, UK Senior Manager and Solicitor | lucinda.vaux@vialto.com
  • Lyudmyla Davies, UK Partner and Solicitor | lyudmyla.davies@vialto.com

Further information on Vialto Partners can be found here: www.vialtopartners.com

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