On 12 May 2025 the UK Government published its White Paper 'Restoring Control over the Immigration System'. This sets out significant proposed changes to the UK's immigration rules, many of which will impact UK employers and those planning to relocate to, or settle in, the UK.
The changes are largely driven by an intention to reduce net migration and to ensure that the immigration system is linked to skills and training requirements in the UK, that the system is fair and effective, and that the rules are properly enforced.
These changes are likely to make it more difficult for employers to sponsor staff to work in the UK. They will have particularly serious consequences for employers operating within the adult social care sector.
Proposed changes to the skilled worker visa route
Employers with a sponsor licence can use the skilled worker visa route to sponsor employees to work in the UK. Currently jobs which are medium and highly skilled (and which are listed on the skilled worker job code list) are suitable for sponsorship provided certain minimum salary thresholds are met. There is a very broad range of jobs suitable for sponsorship.
The White Paper proposes that the skills threshold for skilled worker visas will be increased to graduate level or above (RQF 6 and above) in order to lower skilled migration. This will significantly limit the number of jobs which are eligible for sponsorship (reducing the number of eligible occupations by around 180). Currently some jobs at RQF 3 (A-level equivalent) and above are eligible for sponsorship.
The UK Government has also indicated that salary thresholds will rise. The minimum salary levels for the skilled worker route were changed significantly in April 2024. These changes will make it more difficult to sponsor employees to work in the UK. Employers will have to spend time understanding the new salary and skills levels applicable to sponsorship.
The White Paper indicates that some transitional arrangements will be put in place for skilled worker visa holders who are already in the UK. They will be able to renew their current visas, change employment and take supplementary employment in currently eligible job codes. Further detail will be published in due course.
A new proposed Temporary Shortage List
The current Immigration Salary List (which is a list of jobs which are in short supply in the UK labour market, which are eligible for sponsorship, and which benefit from some discounted minimum salary levels) will be abolished. This Immigration Salary List was introduced in April 2024 replacing the previous Shortage Occupation List.
The White Paper proposes that instead there will be a narrow list of critical shortage occupations on a new "Temporary Shortage List". This will provide time limited access to the points-based system, presumably meaning that such visas will be temporary in nature.
The new Temporary Shortage List will be for occupations with a skills requirement of RQF 3-5 (below degree level) where there have been long-term shortages. There will be restrictions on bringing dependants for lower skilled workers on the Temporary Shortage List (below RQF6).
Changes that will impact adult social care
The White Paper states that the UK Government will end overseas recruitment for social care visas. For a transition period until 2028, visa extensions and in-country switching will be permitted for those already in the country with working rights under such a visa, but this will be kept under review. This will have a significant impact for employers in the social care sector who have relied heavily on sponsorship to fill skills gaps over the past few years.
Increase to the Immigration Skills Charge
The Immigration Skills Charge is a cost paid for by employers who sponsor employees under the skilled worker visa route. It has not been increased or subject to a comprehensive policy review since its introduction in 2017. The White Paper proposes that this will increase by 32%. This will be a significant additional cost for employers (currently the skills charge is £1000 per year of the visa for large employers with a discounted charge paid by smaller employers).
Proposed changes to the Graduate Visa route
The Graduate visa route currently allows those who have completed certain degrees / qualifications in the UK to apply for a visa to remain after their studies to look for work, work or take up self-employment. The current period of a Graduate visa is normally 2 years (unless the individual has completed a PhD in which case it is 3 years). It is proposed that this visa will be limited to 18 months.
The Graduate visa route is a temporary visa. Individuals who want to stay in the UK beyond its expiry need to find a suitable job that is eligible for sponsorship so that they can transfer into the skilled worker visa route. The shorter period of this visa will mean that individuals who want to stay in the UK beyond their Graduate visa will need to ensure they are in a role suitable for sponsorship within a shorter timeframe.
Proposed changes to the Global Talent, Innovator Founder and High Potential Individual routes
The White Paper states that the UK Government will go further in ensuring that the very highly skilled will have opportunities to come to the UK and access targeted routes for the brightest and best global talent. The aim is to increase the number of people arriving through these 'Very High Talent' routes.
The Innovator Founder route will be reviewed to ensure that it supports entrepreneurial talent currently studying at UK universities. There will also be an increase in the number of employees that an overseas business can send to establish a presence in the UK.
The government will also explore a targeted and capped expansion of the High Potential Individual visa route (that allows some recent graduates of certain top non-UK Universities to apply for a visa to come to the UK on a temporary basis, usually for 2 years).
English language requirements
The following changes are outlined in the White Paper:
- Increased language requirements for Skilled Workers and workers where a language requirement already applies from B1 to B2 (Independent User) levels, in accordance with the Common European Framework for Reference for Languages (CEFR);
- A new English language requirement for all adult dependants of workers and students at level A1 (Basic User) to align to spousal and partner routes - with work towards increasing this requirement over time;
- New requirements to demonstrate progression to level A2 (Basic User) for any visa extension, and B2 (Independent User) for settlement;
- Increased requirements for settlement across the majority of immigration routes from B1 to B2 (Independent User).
Proposed changes to the rules on settlement
The White Paper states that the current rules around settlement will be reformed through an expansion of the principle behind the points-based system that individuals should earn their right to privileged immigration status in the UK through the long-term contribution they bring to the UK:
- This expansion of the points-based system will increase the standard qualifying period for settlement to 10 years;
- There will continue to be a shorter pathway to settlement for non-UK dependants of British citizens of 5 years, provided they comply with their requirements;
- Some existing safeguards to protect the vulnerable, including settlement rights for victims of domestic violence and abuse, will be retained;
- Individuals will have the opportunity to reduce the qualifying period based on points-based contributions to the UK economy and society - these changes will be consulted on later this year;
- There will also be some changes to citizenship.
Compliance changes
The UK government will explore introducing further reforms to the sponsorship system, putting more responsibility and accountability on effective and responsible sponsors. This will include exploring making it easier for workers to move between licensed sponsors for the duration of their visa, giving them more control over who they work for and reducing the risk of exploitation. Further detail of what this means in practice will be produced in due course.
For further detail on any of these changes please contact Elaine McIlroy, Erin McLafferty or Gregor Craig-Murphy from Brodies Employment and Immigration team.
