Overview of the latest key UK immigration changes: March 2023

On 9 March 2023, the Home Office published its latest Statement of Changes to the Immigration Rules. There are a number of changes which will be implemented – some substantive, some minor – the majority of which take effect on 12 and 13 April 2023. A summary of the key changes are set out below.

Introduction of the Innovator Founder visa route

From 13 April 2023, this new visa category will replace the Start-up and Innovator visa categories (both of which replaced the Tier 1 (Graduate Entrepreneur) and Tier 1 (Entrepreneur) categories on 29 March 2019).

The Innovator Founder category is effectively a rebranding and amalgamation of the current options with the main differences being:

• No requirement to provide initial capital of at least £50,000 (which is only a requirement under the current Innovator visa route); and
• The ability to work for other organisations, in addition to their own business, as long as the other job is at RQF Level 3 or above (Scottish Higher/ A-levels) (which is currently only permissible under the Start-up visa route).

The business venture still needs to be innovative, viable and scalable, and approval from an Endorsing Body is also required. It is understood that there will be 3 new Endorsing Bodies.

Successful applicants will be granted a visa for up to 3 years, with the option to apply for settlement after 3 years.

Introduction of the Electronic Travel Authorisation (ETA) scheme

This scheme introduces the requirement for certain nationals to secure authorisation before they travel to the UK, if they are coming to the UK for up to 6 months as a Visitor and for certain Creative Worker migrants. This is similar to the ESTA programme for the USA.

There will be a fee to apply for the ETA and if granted, will be valid for 2 years or until the expiry of the passport used for the application – whichever is sooner.

The new scheme will initially:

• Be open for applications from 25 October 2023 for Qatari nationals intending to travel to the UK on/ after 15 November 2023 and
• Be open for applications from 1 February 2024 for the following nationals intending to travel to the UK on/ after 22 February 2024
  • Bahrain
  • Jordan
  • Kuwait
  • Oman
  • United Arab Emirate
  • Saudi Arabia

It is understood that other countries will be added to the scheme in due course, and it is likely that it will eventually apply to all non-visa nationals i.e. those who do not require to apply for a Visitor visa to come to the UK.

Salary changes for sponsored worker categories

There will be a number of changes to the minimum general salary levels and hourly rate for the various sponsored worker categories as well as some changes to the going rate. These all take effect on 12 April 2023 and apply to any Certificate of Sponsorship issued on or after this date. The below table sets out a comparison of the current and new requirements.

Whilst salary calculations are currently based on a 39-hour week, under the new rules, they will be based on a 37.5-hour week. In addition, under the Skilled Worker and Seasonal Worker routes, migrants must currently be paid at least £10.10 per hour – this will increase to £10.75 per hour.

In addition, the rules provide clarity on using wages to calculate average salary. This will be especially useful for sectors/ organisations where individuals work shift patterns or irregular hours such as those in hospitality and social care.

Under the Seasonal Worker category, there are some additional changes taking effect from 12 April 2023:

• Migrants to be paid a minimum of £10.42 for each hour worked (up from £10.10 per hour)
• For those working in the horticulture sector or those under SOC code 8111, 9111, 9119 or 9134 in the poultry production sector, migrants must receive at least 32 hours paid employment each week (up from 30 hours for some roles)

Global Business Mobility – UK Expansion Worker

Currently, individuals coming to the UK must have worked for their overseas employer for at least 12 months unless they meet one of two exceptions: they will be paid £73,900 per annum or they are a Japanese national seeking to establish a UK entity under the UK-Japan Comprehensive Economic Partnership Agreement.

From 12 April 2023, there will be an addition to the exception which will apply to nationals or permanent residents of Australia looking to establish a UK entity under the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and Australia. However, this exception will only apply once the agreement comes into force or is provisionally applied.

Other changes

The Global Talent category allows recognised leaders and rising leaders in certain sectors such as academia or research, arts and culture, and digital technology to live and work in the UK if they receive endorsement.  Between 12 April 2023 and 25 July 2023, there will be changes to the Global Talent route to include:

• Changes to the endorsement criteria and evidential requirements
• Clarifying the consideration process for applications
• Time spent in the UK as a Sole Rep/ Representative of an Overseas Business migrant can be counted towards the 3 or 5-year continuous period for the purposes of settlement applications

From 12 April 2023, Visitors will be able to undertake cabotage activities at sea in the UK territorial waters, in addition to international point to point services, without the need to apply for a visa under the Points Based System.

In most cases, migrants need to spend 5 years continuously in the UK in one visa category to be able to apply for settlement in the UK. However, where they have spent 10 years continuously in the UK, it is possible to mix-and-match their different visas during that period to apply for settlement – the 10-year long residence rules.  From 13 April 2023, it will not be possible to include time spent on Visitor and/or Seasonal Worker visas.  It is not clear whether this change will mean that a migrant must then restart the 10-year residence period from when they were last in the UK on one of these visas.

From 1 June 2023, the rules relating to an Adult Dependant Relative will no longer be found in the family rules under Appendix FM but will instead be found in its own new Appendix Adult Dependant Relative. Apart from some housekeeping changes, the substance remains the same and so it is unlikely that parents of British citizens or settled persons will find it any easier to relocate to the UK on this basis in what is an already difficult and restrictive visa category.

From 29 June 2023, changes to the Youth Mobility Scheme (working holiday route) will change as follows:

• Increase in quotas for Australian nationals to 35,000 places (up from 30,000)
• Increase in quotas for Australian nationals to 8,000 places (up from 6,000)
• New Zealand nationals aged between 18-35 will be eligible (currently only those aged 18–30 can apply, regardless of nationality)
• New Zealand nationals will also be eligible to stay for up to 3 years (currently 2-year limit applies, regardless of nationality)

For any enquires on changes to UK visa categories, Immigration Rules or other immigration matters, please do get in touch with our specialist immigration team.

By Burness Paull LLP, Scotland, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact ukscotland@transatlanticlaw.com

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