Immigration update — United Kingdom: (British National (Overseas) Visa updates

The latest statement of changes to the Immigration Rules HC1160 was also published on 9th March 2023, and includes the Electronic Travel Authorisation (ETA) scheme, a new Innovator Founder route, as well as other changes to both employment and non-employment routes.

Sponsored worker salary thresholds and related changes

Important: Salary changes

Salary requirements for skilled workers have been updated and the minimum salary threshold for Skilled Worker visa’s is now £26,200 per annum.  The statement also clarifies the minimum salary requirement for Global Business Mobility Senior and Specialist workers as £45,800 and £24,220, and £34,600 for Scale-up workers.

Going rates: The calculation of example annual salaries will now be based on a 37.5, rather than the less likely 39-hour week.

Hourly rate: up from £10.10 to £10.75.

• Senior or Specialist Worker. The general threshold is increasing from £42,400 to £45,800, as of  12 April 2023 (and Graduate Trainee applications from £23,100 to £24,220). As for Skilled Workers, the going rates are also changing.
• Irregular working patterns. In a new development, the rules will account for those being sponsored to work a pattern where their regular hours are not the same each week, resulting in uneven pay.
• Absence from work. Normally, if a sponsored worker is absent from work without pay for more than 4 weeks during a calendar year their sponsorship needs to end. In the new rules, Jury service and attending court as a witness are being added to the list of permitted reasons for absences which will not count towards the 4-week period.

Background:

For Skilled Workers making entry clearance applications, clarification might be included in a defined certificate of sponsorship application job description section, in the same way you might include calculations for salaries close to the minimum salary requirement where hours of work per week need to be considered at this earlier stage.

Important notes:

Given some of the minimum salary thresholds are increasing as above, sponsors may wish to assign any CoS for upcoming applications on or before Tuesday 11 April.  Our clients should therefore all be informed of the above salary changes asap.

Innovator Founder route

The Innovator route, which was first launched in March 2019 was aimed at individuals seeking to establish a business in the UK to which they could contribute significant funds too.

The statement of changes rethinks the Innovator and Start-up routes, and replaces them with a new Innovator Founder route. The aim is to make the criteria currently applicable under the Innovator route more flexible so that those with a genuine proposal for an innovative business and who have sufficient funds to deliver it, are more readily available to enter the UK and establish this business.

For example, there is no longer a £50,000 minimum funds requirement. Also, individuals will be able to engage in employment outside the running of their business, unlike the Innovator visa holders, provided that the secondary employment is in a skilled work of at least RQF level 3 (A level and above).

Extension applications will be possible under the Innovator Founder – Same Business criteria, where the applicant last had permission as an Innovator Founder or were on the Start-Up or Tier 1 (Graduate Entrepreneur) routes.

As a result of these changes, the Start-up route will no longer be open to new applicants from 13 April 2023, except for where they are supported by endorsements that were issued before 13 April 2023.  With the introduction of a route that does not have a £50,000 funds requirement, it is no longer necessary to retain a separate route for entrepreneurs that do not have access to this level of funds.

Electronic Travel Authorisation (ETA) scheme

The scheme will apply to individuals who are visiting or transiting through the UK who do not currently need a visa for short stays, and will also include those using the Creative Worker route for a short stay in the UK.

The scheme applies to nationals of Qatar from 15 November 2023 and to nationals from the following countries from 15 February 2024:

• Bahrain
• Jordan
• Kuwait
• Oman
• Saudi Arabia
• United Arab Emirates

Apparently, more countries will be added to the scheme later.

Residents of Ireland that do not need a visa will not need to apply for ETA to enter the UK. This is a really significant development and, according to the Home Office,  protects the Common Travel Area and the rights of non-visa nationals, particularly in the border communities in Ireland.

Applications will be made using the, not yet available, UK ETA app or online and decisions should be made within three working days. An ETA will be issued electronically, and linked to the individuals passport. There is not yet any information from the Home Office about what the cost of the application will be.

The ETA will be valid for a period of two years, or until the expiry of the individual’s passport.

If an individual is refused, they will need to apply for a visitor or transit visa, or Temporary Work – Creative Worker visa in the alternative.

Youth Mobility Scheme

From 12 April New Zealanders applying to the Youth Mobility Scheme will be eligible if they are aged 18 – 35 (it is normally 18 – 30) and will receive a 3-year visa instead of the normal 2-years

Long residence settlement (indefinite leave to remain) applications.

It is possible to apply for settlement after 10-years continuous lawful residence in the UK. In a change from 13 April 2023,  any prospective applicants should be aware that time spent in the UK as a visitor, short-term student and on the seasonal worker routes will not count towards long residence. Applicants who have spent  time as a visitor (or other temporary permission) who are later granted permission on another basis will still be able to qualify for long residence settlement, but they will need to wait longer to do so

Santa Fe analysis

For expert advice and assistance with future applications  in relation to the aforementioned changes contact our immigration experts:

Koshi Blavo Barna
Head of Immigration—UK
​Santa Fe Relocation
London
D: +44 0203 457 3595
​E: koshi.blavobarna@staging.santaferelo.com

Robert Day
Group Head of Immigration Operations
​Santa Fe Relocation
London
D: +44 7990 021125
​E: robert.day@staging.santaferelo.com