The Independent Chief Inspector of Borders and Immigration’s report An inspection of the immigration system as it relates to the social care sector’ has been published and has identified some serious shortcomings in the sponsor licence process for the sector, while noting that the Home Office has started putting systems...
On 14 March 2024 the government published its latest statement of changes to the immigration rules, which included changes to a number of UK immigration categories. The most significant changes were to implement the plans laid out by the Home Secretary in December. These include raising the minimum income requirements...
As trailed previously, a statement of changes has been published today removing the rights of care workers to bring dependants to the UK. What was not mentioned in advance was that this statement of changes would also close the Ukraine Family Scheme with immediate effect (from 3pm 19 February 2024),...
A ministerial statement made today has confirmed that there are two statements of changes coming in the next couple of months. The first will remove the ability of care workers to bring dependants, and the second will include the increase to the minimum income requirement for families, among other changes....
Earlier this month we considered a High Court judgment which upheld the Home Office’s decision to revoke a large care home operator’s sponsor licence due to several non-compliance issues. The High Court has now handed down its judgment in Supporting Care Ltd, R (On the Application Of v Secretary of...
With the news that the immigration health surcharge will be going up dramatically, potentially in the next few weeks, it makes sense for people already in the UK or looking to move here soon to look at whether an early application is possible. As a reminder, the increase is from...
On Monday the new Home Secretary presented a “five-point plan” to reduce UK immigration after a feverish fortnight of the right of the Conservative party, most of the opposition, plus every news outlet badgering him about the Office for National Statistics revising its estimate of 2022’s net migration up to...
The Migration Advisory Committee has recommended that the shortage occupation list is abolished and that people in the asylum system with permission to work are allowed to work in any role. These are some of the recommendations in the full review of the shortage occupation list, published yesterday. The committee...
On 17 July 2023, a new statement of changes to the Immigration Rules was published. As usual, it is accompanied by an Explanatory Memorandum. Also as usual, it is largely concerned with cracking down on those perceived as abusing immigration law. There are, though, one or two positive changes. Asylum...
Sponsoring a foreign worker isn’t cheap. Application fees and visa taxes typically run to thousands of pounds. Since the UK left the European Union, the costs of sponsorship have also applied to employers who want to hire EU workers under the Points Based Immigration System. Some of the fees are...
From today, in positive news for the UK’s beleaguered social care sector, frontline care workers are on the Shortage Occupation List, making them eligible to apply for a Skilled Worker permit. This is a welcome eligibility expansion (previously limited to care roles with senior or managerial elements) but there are...
Social care workers can get Skilled Worker visas from 15 February 2022. The change was first announced on Christmas Eve and has now been confirmed in a statement of changes to the Immigration Rules (HC 1019), published yesterday. Employers (but not private households) will be able to sponsor care assistants,...
Scattered throughout the latest statement of changes like needles in a 186-page haystack are three COVID-19 concessions that previously only appeared in Home Office guidance. They will now form part of the Immigration Rules. In immigration law, a concession is a policy operated by the Home Office that is more...
The government has released details of its sponsorship “roadmap” for employers recruiting skilled workers from abroad. This follows on from the publication of its New Plan for Immigration back in March 2021. The new roadmap sets out the Home Office’s proposals for long-overdue “radical changes” to the sponsorship system, which...
I am announcing that those displaced by conflict and violence will now also be able to benefit from access to our global points-based immigration system. To enable skilled displaced people who have had to flee their homes to come to the UK safely and legally through established routes. We will...
With EU free movement fading into memory, the main visa route available for non British and Irish nationals wanting to work in the UK is now the Skilled Worker visa. The Skilled Worker visa is a sponsorship system: a foreign worker cannot simply apply for this visa unaided. Applicants need...
The Home Office published a new statement of changes to the Immigration Rules today. It is 108 pages long and the changes take effect on 6 April 2021 unless otherwise specified. Most relate to the work and study routes branded as the Points Based Immigration System, although there are various...
Since 1 December 2020, migrants who would previously have applied for settlement in the UK (aka “indefinite leave to remain”) under the Tier 2 (General) route now need to apply under the new Skilled Worker route. In this article we explain the requirements for settlement as a Skilled Worker and...
The Skilled Worker visa is the main work route under the Points Based Immigration System. It was introduced on 1 December 2020, replacing a visa called Tier 2 (General). Joanna has previously explained the legal requirements for this visa. For example, the role must have a skill level of at...
For work-based immigration, last week’s statement of changes to the Immigration Rules was in many ways rather anticlimactic. The last two years have seen a series of reports and policy statements setting out the government’s plans for a ‘new’ Points-Based Immigration System. The major changes therefore come as no great...
The Supreme Court held today in R (Pathan) v Secretary of State for the Home Department [2020] UKSC 41 that the Home Office’s treatment of a Tier 2 skilled worker, Mr Pathan, was unfair. Mr Pathan had applied for an extension of his visa as a sponsored worker in good time...
Whilst we are all awaiting new Immigration Rules for the Skilled Worker route, which will replace Tier 2 (General) in the new Points-Based Immigration System, some good news is starting to emerge. The cooling-off period, which has seen many a skilled migrant having to spend a year outside the UK...
Immigration lawyers up and down the land leapt out of bed this Monday morning, eager to glut out on the promised detail of the UK’s new points-based immigration system. How disappointed we all are. The snappily titled UK’s Points-Based Immigration System — Further Details may look glossy, but the 130-page...
This week we finally got to see more detail about the 2021 Points Based Immigration System. The government’s announcement confirms that every organisation in the UK — from businesses to charities, schools to local shops — will need to become an “approved sponsor” to employ EU citizens who are new...
The government has released a few more details of what it calls a “points based system” for immigration to the UK after Brexit. To balance out the impending end of free movement of workers from the European Union, it would allow employers to sponsor migrant workers at lower salaries and...
The government should think twice about re-introducing a points based immigration system after Brexit, and lower the minimum salary necessary to get a work visa, the Migration Advisory Committee (MAC) has recommended. In a report published today, the MAC says that the existing Tier 2 (General) work visa system should...
The government has asked a group of independent academic experts to look again at the Migration Advisory Committee’s proposal for a £30,000 minimum salary for a UK work visa post-Brexit. It has commissioned the, er, Migration Advisory Committee. In September 2018, the MAC published a major report on the future...
The government has published its plan spelling the end of free movement. A long-awaited white paper on post-Brexit migration proposes that EU workers would in future have to earn a minimum salary in a job requiring A-level qualifications or above to be sponsored for a UK work visa. “Low-skilled” workers...
R (Liral Veget Training And Recruitment Ltd) v Secretary of State for the Home Department [2018] EWHC 2941 (Admin) was a challenge to the Home Office’s decision to revoke a company’s licence to sponsor non-EU citizens for work visas. It failed. The case was about the Tier 2 (General) visas issued...
In the case of Pathan & Anor v Secretary of State for the Home Department [2018] EWCA 2103 the Court of Appeal reminds us, once again, of the rigidity and inflexibility of the Points Based System. It is also a good reminder of the purpose and policy behind the Tier 2...
What started as a minor aberration has now turned into a worrying trend. The Home Office confirmed on 24 May that we have hit the monthly cap on visas for skilled non-EU workers for the sixth month in a row. On top of that, Freedom of Information data shows that the situation does...
The responsibility to take the utmost care to ensure that the Points Based System, Immigration Rules and guidance are followed remains with the sponsor. A Mr Talpada attempted to challenge the applicability of the Rules and guidance to his case on the facts and by using common law legal principles...
Businesses across the UK began receiving notification emails last week from the Home Office confirming that their applications for restricted certificates of sponsorship had been approved. This is because they had met an as yet unpublished points threshold. The Home Office has saved the bad news for today. Yet again there...
UK businesses seeking to hire skilled non-EU workers are losing out as it emerges that the monthly quota has been hit for an unprecedented third time in a row. Yesterday afternoon, the Home Office sent out hundreds of emails to UK businesses that have been waiting for the outcome of...
According to UK immigration rules, if a chef works at a restaurant which provides a take-away service, he is less skilled than one who plies his trade at a restaurant that does not. As a result, restaurants which provide a take-away service cannot offer employment to chefs under the Tier...
