The government has today published an Immigration White Paper setting out proposals to reduce net migration. Full details are available here: Restoring control over the immigration system white paper. Assuming the proposed changes go ahead, these will lead to a significant shift in immigration laws, which will impact individuals coming to the UK and employers hiring overseas nationals. Importantly, this is only a White Paper at this stage and these changes are not yet law and no details have been provided as to when the changes will come into effect. We are also waiting for further details in relation to many of the proposals and will monitor this closely. The key proposals affecting businesses are set out below:

Skilled Worker route

• The Immigration Skills Surcharge, payable by employers wishing to sponsor Skilled Workers, will increase by 32%. This will be used to support skills funding for priority sectors to upskill the domestic workforce and reduce reliance on migration over the medium term. 
• The government intends to establish a new Labour Market Evidence Group (LME Group) consisting of various bodies which will work together to gather and share evidence about the state of the workforce, training levels and participation by the domestic labour market. It will make recommendations about sectors or occupations where workforce strategies are needed, or where the labour market is currently failing.
• Based on evidence gathered by the LME Group, key sectors where there are high levels of recruitment from abroad will need to produce, or update, a workforce strategy which relevant employers will be expected to comply with. This will detail steps to be taken on skills, training, and broader conditions, as well as engagement of the economically inactive domestic labour force. 
• Subject to limited exceptions, the skills threshold for roles eligible for sponsorship will increase to RQF 6 and above (broadly degree level and professional roles). Around 180 fewer occupations would be eligible for sponsorship under the Skilled Worker route.
• The White Paper states that salary thresholds will rise but little detail is provided. However, the Immigration Salary List which allows discounts from salary thresholds for a limited number of occupations will be abolished and the Migration Advisory Committee (MAC) will be tasked with reviewing salary thresholds more generally. 
• There will be transitional arrangements for those already in the UK. 
• For lower skilled occupations at RQF 3-5 (below degree level but at A level or above), where there have been long term shortages, the government has indicated it will permit use of the Points-Based immigration system on a time limited basis where the MAC has advised it is justified, where there is a workforce strategy in place, and where employers seeking to recruit from abroad are committed to playing their part in increasing recruitment from the domestic workforce. How this will be demonstrated is not set out. 
• There may be future restrictions even for skilled roles as the White Paper states that over time, RQF 6 and above occupations should not necessarily have guaranteed access to the Points-Based immigration system where there is evidence of overreliance on international workers. The LME Group will be able to make recommendations about RQF 6 areas where workforce plans and strategies are needed to tackle labour market problems. Over time, the intention is that the MAC will review progress against those strategies to assess whether further restrictions are required. 
• New applicants will not be able to apply under the Skilled Worker route to undertake carer or senior carer roles. There will be a transition period until 2030 for those already in the UK.
• There is likely to be increased enforcement action, including work with HMRC and HM Treasury on applying immigration enforcement measures to those applying for visas, or in the UK on visas, who have not paid taxes that they owe in the UK. 
• The government will also take steps to tackle illegal working, continuing to surge resource into the key sectors where illegal working is taking place – including in the gig economy – and using eVisas and modern biometric technology to support its immigration enforcement raids. 1,000 staff have already been redeployed into enforcement and returns since the election.
• On the plus side, the White Paper indicates the government will streamline the process for obtaining visas. 

Changes to English language requirements

•  New English language requirements will be introduced across a broader range of immigration routes, for both main applicants and their dependants, to ensure better knowledge of English, including an assessment of improvements over time. 
• English language requirements for Skilled Workers will increase from B1 (Intermediate) to B2 (Independent User) levels, in accordance with the Common European Framework for Reference for Languages (CEFR).
• For the first time, a new English language requirement for all adult dependants of workers and students will be introduced at level A1 (Basic User) to align to spousal and partner routes. 
• Individuals will need to improve their English language skills over time as they continue their stay in the UK. The government will introduce requirements to demonstrate progression to level A2 (Basic User) for any visa extension, and B2 (Independent User) for settlement. Indeed the English language requirements for settlement across the majority of immigration routes will increase from B1 to B2 (Independent User).

This is a very significant change, given that passing an English language test at B2 level requires solid fluency in everyday and professional interactions. It is unclear whether there will be transitional arrangements for those already in the UK.  It is unclear whether an English language requirement will be introduced for applicants under the Senior/Specialist route or if their dependants will need to meet English language the requirements.    

Graduates

• Graduates will only be permitted to remain in the UK for 18 months under the Graduate route (rather than for 2 or 3 years as is currently the case).

Changes to settlement and British citizenship

•  The standard qualifying period for settlement will increase from five years to ten years. 
• There will be a shorter pathway to settlement for non-UK dependants of British citizens to five years, provided they have remained compliant with their requirements, and we existing safeguards will be retained to protect the vulnerable, including settlement rights for victims of domestic violence and abuse.
• Individuals will also have the opportunity to reduce the qualifying period based on Points-Based contributions to the UK economy and society but no further details are provided in the White Paper. In interviews the government has suggested that this may depend on the type of role the person undertakes and how much tax they pay. The government intends to consult on these changes later this year.
• Citizenship rules will also change to align to earned settlement reforms, building on the expansion of the Points-Based System to settlement and citizenship. Similar to Earned Settlement, the government will increase the standard qualifying period and expand the Points-Based System to allow those with greater contributions to qualify sooner. There are also plans to refresh the Life in the UK test (which is taken by those applying for settlement and citizenship) and how it operates.  

Global talent

On a more positive note, the government has indicated it will make a number of changes designed to attract the brightest and best global talent by: 

• Increasing the number of people arriving on the very high talent routes, alongside faster routes for bringing people to the UK who have the right skills and experience to supercharge UK growth in strategic industries. It is unclear what changes are proposed here. 
• Increasing places on the scheme for research interns, including those working in the field of Artificial Intelligence, to allow businesses access to additional promising young talent 
• Making it simpler and easier for top scientific and design talent to use the Global Talent visa 
• Reviewing the Innovator Founder visa to ensure that it supports entrepreneurial talent currently studying at UK universities to move into the visa so that they can build their business and career in the UK.
• Doubling the number of workers that an overseas business can send to the UK with the aim of establishing a presence in the UK.
• Exploring a targeted and capped expansion of the High Potential Individual route (aimed at recent graduates from the top 50 global universities), looking to double the number of qualifying institutions, whilst maintaining the focus of the route on individuals that will have the most benefit to the UK workforce and ensuring that any necessary safeguards are in place.