UK Immigration Changes Employers Must Know for 2023
The latest Spring Statement of Changes of Immigration Rules has set out important developments that employers should be aware of when sponsoring overseas staff to work in the UK. The UK Immigration changes are designed to ensure that migrant workers’ salaries keep pace with wages in the labour market and do not undercut them.
From April 12, 2023, UK employers sponsoring overseas staff will have to pay higher minimum salary levels. Minimum salary levels for Certificates of Sponsorship on various sponsored employment immigration routes will rise. Employers should ensure that their sponsored worker’s salary meets the relevant minimum wage thresholds for the visa type above or the going rate of pay, whichever is highest.
The Shortage Occupation List is a list of jobs deemed to be in short supply in the UK. Employers can hire and sponsor overseas workers in such roles under more favourable criteria than for roles, not on the list. With current labour shortages in many sectors, the Government’s Migration Advisory Committee (MAC) is reviewing the list and inviting stakeholders to provide well-evidenced submissions by May 26th.
The Scale-up visa has no Immigration Skills Charge and offers an initial two years’ permission to stay. Changes announced this month add a new route for scale-ups to apply for a Scale-up sponsor licence if they are too young to qualify under the standard route with three years’ growth. This will be available from April 13, 2023.
From April 13, 2023, the Innovator visa category will be replaced with the Innovator Founder immigration route, making the Start-up route obsolete. The new Innovator Founder visa will be a route to settlement in the UK, and those on it can work for other employers in the UK to earn an income while getting their businesses up and running.
In addition to the above changes, the UK has announced an autumn expansion of permitted activities on a visit visa or by visitors from non-visa countries such as the USA and EU. Business visitors of multinational companies, performers and global businesspeople will have more scope for commercial activities in the UK for up to six months.
Employers and others should be aware that the UK is set to adopt a digital travel authorisation system, much like the USA’s ESTA. The EU is also set to bring in its similar ETIAS scheme. The UK’s ETA will allow people two years to visit the UK as many times as they want for up to six months, or for up to three months on a Creative Worker visa concession.
In conclusion, these changes are aimed at improving the management of UK immigration and ensuring that migrant workers’ salaries are fair and competitive. Employers should ensure that they are aware of these changes and make the necessary adjustments to their recruitment policies to comply with the new regulations.
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