UK Immigration round-up: September 2024

Welcome to our regular immigration round-up, providing a helpful summary of what's new and in the pipeline for UK immigration, along with links to a wealth of detailed resources and courses at your disposal.

In this edition, you can find:

• UK Immigration Updates
• Alerts, Webinars & Resources
• Upcoming Public Courses
• Round-up Live

We hope you find these updates useful.

UK Immigration Updates

Statement of Changes to the Immigration Rules 10 September 2024

Key changes include:

• Visitor visa requirement for nationals of Jordan
• UK’s Electronic Travel Authorisation (ETA) scheme will be open to all nationals except for EU nationals from November 2024. The scheme will be extended to EU nationals for travel on or after 2 April 2025.
• Changes to the EU Settlement Scheme (EUSS) whereby those who have been granted pre-settled status under EUSS to be able to convert their pre-settled status to settled status without having to apply for a further application.

For more information on other changes, please refer to the Statement of Changes via this link: Statement of changes to the Immigration Rules: HC 217, 10 September 2024 - GOV.UK (www.gov.uk)

Incorrect Going Rate

In April 2024, the minimum salary threshold for the Skilled Worker Route increased significantly from £26,200 to £38,700. In August 2024, the Home Office announced errors in the new occupation codes, with some going rates listed too high.

The Home Office has since published an updated guidance to correct these errors and will amend the Immigration Rules in the Autumn. Until these corrections are made, application will be assessed against the correct going rates as per the updated guidance.

This primarily affects Skilled Worker sponsors but also impacts the Global Mobility route and Scale-up route. These corrections are crucial for ensuring that the Skilled Worker route remains accessible and fair for both employers and applicants.

Migration Q2 Statistics

In Q2 2024, approximately 1.16 million visas were granted for work, study, or family reasons, including dependants.

A significant portion of the visas granted were for work purposes, reflecting the UK’s demand for skilled labour. There was a 33% reduction in visa applications for work routes in Q2, however, despite the overall stop, Skilled Worker visa applications were 23% higher than last year.

89,095 Health and Care Worker visas were granted, which is a 26% decrease and the largest fall being April-June 2024, which was 81% fewer than the same period in 2023. The overall drop in visas seems to be due to this drop in Health and Care visa applications, whilst overall applications remain stable.

Student visa application numbers still remain high, highlighting the UK’s appeal as a destination for higher education. Although, 432,225 sponsored student visas were granted, which is 13% fewer than the previous year. However we will not be able to see the full effect of these policy changes until we receive figures for the new academic year, when student visa applications are at their peak.

Family reunification further continues to be a key aspect of the immigration system, with numerous visas granted to family members of UK residents. 98,906 family visa applications were received (40% increase).

Q2 saw a 34% decrease in sponsor licence applications under the Skilled Worker route. Skilled Worker sponsor license revocations saw a 137% increase and a 70% increase in the suspension of Skilled Worker sponsor licenses. Given this trend, sponsors are advised to regularly audit their compliance practices and stay informed about changes to immigration guidance and rules that impact on their sponsor obligations. These increased figures could account for the drop in applications with organisations concerned over costs and the compliance expectations and the consequences of non-compliance.

8.1 million EUSS applications were made by 6.3 million people, since the scheme launched, up until 30 June 2024. 7.9 million of those applications have reached conclusion with 50% granted settled status, 36% granted pre-settled status and 15% with other outcomes.

2.1 million visitor visas were granted in the year ending June 2024, with Indian and Chinese nationals making up nearly half of these.

Confirmed Start Date for the EES

The EU Entry/Exit System (EES) is a new digital border management system being introduced by the EU to enhance security and streamline the process of entering and exiting the Schengen Area. The system will launch 10 November 2024 and will require non-EU travellers to register their biometric information at border crossings.

The system aims to improve border security by creating a digital record of non-EU nationals, replacing the manual passport stamping process. Travellers from non-EU countries, including the UK, will need to register their biometric data, such as fingerprints and facial images, at automated self-service kiosks. This data will be stored and checked each time they cross the border.

British travellers will need to register their biometric data on their first visit to the Schengen Area after the EES has been introduced. Subsequent visits within three years will only require verification of their fingerprint or photograph. This process may lead to increased wait times at some ports.

The EES is part of a broader effort to strengthen EU border security. In 2025, the EU will introduce the European Travel Information and Authorisation System (ETIAS), which will require travellers to obtain pre-travel authorisation. The ETIAS aims to enhance security by pre-screening travellers before they enter the Schengen Area, identifying potential security risk and streamlining border checks. Once approved, they will be valid for three years or until the passport expires, whichever comes first.

Both systems aim to enhance border security and monitor overstayers while maintaining the region’s openness and mobility.

Implementation of eVisas

The UK Home Office is transitioning to a digital immigration system, replacing physical documents with eVisas, with the goal of having nearly all visa holders in the UK using an eVisa by 2025. The phased approach to the introduction of eVisas is an attempt to ensure a smooth transition, allowing individuals and organisations to adapt to the new system gradually.

An eVisa is an online record of your immigration status and the conditions of your permission to enter or stay in the UK. This digital record replaces physical documents like current BRP cards and passport endorsements. eVisas are secure and cannot be lost, stolen, or tampered with. They enable a quicker and more efficient way to prove your status at the UK border and share this status with third parties such as employers and landlords.

The process is now open to all BRP holders. All physical documents will still be required for travel until the end of 2024. Affected individuals should continue to travel with their physical documents throughout 2024 and ensure their UKVI account is updated with their travel passport details.

Employers need to obtain share codes and undertake updated right to work checks from those employees whose visas are expiring on 31 December 2024. Those with a UKVI account, such as EU Settlement Scheme participants, should continue using their share code for right to work checks.

If you do not have a BRP and currently prove your rights through a different type of physical document, such as a wet-ink stamp in your passport or a vignette sticker, then you should make a free ‘no time limit’ (NTL) application to replace your document with a BRP. Once you have a BRP, you’ll be able to create a UKVI account to access your eVisa.

MAC’s Review of the IT & Engineering Sector

The Home Secretary has commissioned the Migration Advisory Committee (MAC) to review the IT and engineering sectors. This review aims to understand the reasons behind the reliance of international recruitment in these fields.

The review will look specifically to information technology, telecommunications and engineering professionals. The MAC will investigate why these sectors heavily depend on international workers, considering factors such as training, pay and working condition, among others. This review will assess how being on the previous Shortage Occupation List has affected these sectors, and will explore the potential adjustments to immigration policies to encourage more domestic recruitments.

The findings from the review are expected to be reported within nine months, published by Spring 2025.

Labour’s Plan for Immigration

The new Labour government has introduced several new policies on immigration aimed at creating a fairer and more controlled system. Labour’s approach is to create a balanced and fair immigration system that supports the UK’s economic needs, while addressing public concerns about migration.

Labour support a points-based system that works for both workers and businesses in the UK, reduce reliance on overseas workers, address domestic workers and focus on rewards for proper wages and working conditions. This includes:

• Increasing UK skills by tackling skills shortages and skills gap
• Reforming the points-based system to bring down migration and drive growth and prioritise sectors and ensure quick responses to the labour market
• Impose more powers to ban hiring from overseas for employers/recruitment agencies who break employment law and bring an end to workplace exploitation.

Increased Student Audit Focus

The Home Office has increased its focus on Student audits within the education sector. This move is part of the broader strategy to ensure compliance with immigration laws and to prevent misuse of the student visa system.

The Home Office is conducting more frequent and thorough audits of educational institutions to ensure they are adhering to their sponsorship duties. This includes verifying that institutions are maintaining accurate records of their international students and reporting any change in their circumstances. These audits can either be triggered following intelligence reports or be routine checks.

Institutions found to be non-compliant with their sponsorship duties can be faced with severe penalties, including action plans, reduced certificates to sponsor or revocation of their licenses. Any action can have significant implications for their ability to recruit international students.

These measures are a part of the effort to ensure that the UK’s education sector remains a trusted destination for international students while maintaining the integrity of the immigration system.

Alerts, Webinars & Resources 

Read our latest updates on legal employment and labor law developments.

Read here 

Catch up with our latest immigration round-up, providing a helpful summary of what's new and in the pipeline for UK immigration, along with links to a wealth of detailed resources and courses at your disposal.

Register 

Upcoming public courses

• Sponsor Licencing Course – 29 April 2025
• Right to Work in 2024 – 08/10/24 & 10/10/24

Ensure you are subscribed to our training updates: Subscribe to receive training updates, briefings and event information

For Immigration updates select: Preferences | Service lines | Employment & Labor Law | Immigration and Global Mobility. 

Round-up Live 

Our Round-up Live will be held on Tuesday 15 October 2024 at 11:30am – 12:30pm (UK time). This session gives you an opportunity to discuss the recent changes within the immigration landscape and to raise any questions about the issues that are currently affecting your business.
The login details to the Teams meeting room can be found below: 

Add session to calendar