Latest Immigration Rule Changes: for business people and workers
The government has announced changes to immigration rules for businessmen and workers. Key changes include the closure of the start-up visa route, replacing the current innovator route, and salary threshold increases for the Skilled Worker, Global Business Mobility, Scale-up, and Seasonal Worker routes.
New immigration rules were put to Parliament in the Statement of Changes in Immigration Rules: HC 1160, the full version of which can be found here. Most of the new regulations will come into effect on April 12, 2023.
starting visa
The start-up route will be closed to new applicants on April 13, 2023. Initial applications will only be accepted if supported by endorsements issued prior to April 13, 2023 and the application is submitted by July 12, 2023. The route will close to all new applicants on 13th July 2023. The Start Up Visa route is designed for people who want to start an innovative business in the UK. It has been seen as a helpful stepping stone for people looking to start a business in the UK, the innovator route, a helpful stepping stone for the main visa route. The advantages of the start-up route were the lack of a requirement to hold investment funds and the availability of endorsements from higher education providers, making it an attractive route for international students. The closure of the line will be disappointing for university incubators. However, the Graduate route can be used by international students to get their business off the ground and the new Innovator Founder route offers a visa without the need to have investment funds.
Innovator Founder Route
The new route removes the £50,000 minimum capital requirement that currently applies to those coming to the UK to start an innovative business. The changes also relax existing restrictions on Innovator migrants engaging in outside employment, provided that outside employment is in qualified roles (ie at least qualified at RQF Level 3).
salary thresholds
From April 12, 2023, the salary limits and tariffs for professions will be increased. These changes affect the Skilled Worker, Global Business Mobility, Scale-up, and Seasonal Worker routes.
- “Examples include raising minimum salary thresholds for:
- Skilled workers from:
- ○ £25,600 to £26,200 (based on the general salary limit)
- ○ £23,040 to £23,580 (in relation to the salary threshold if the applicant has a PhD in a subject relevant to the position)
- ○ £20,480 to £20,960 (based on the lower salary limit)
- ○ £10.10 to £10.75 (based on the minimum hourly rate)
- GBM Senior or Specialist Worker and GBM Graduate Trainee from £42,400 to £45,800 and £23,100 to £24,220 respectively.’
Electronic Travel Authorizations (ETA)
The ETA program grants visitors pre-approval before traveling to the UK. The ETA program applies to non-UK (i.e. non-British or Irish) passengers visiting or transiting the UK who do not currently require a short-stay visa, as well as those using the Creative Worker short-stay route .
The program will be introduced in stages. The Home Office statement confirms the following:
“While Annex ETA will come into effect on 12 April 2023, the ETA scheme will initially only apply to Qatari nationals intending to travel to the UK on or after 15 November 2023 (the application process will start on 25 October 2023 ). The program will then be expanded to other nationalities and the application process will open on February 1, 2024 to nationals of Bahrain, Jordan, Kuwait, Oman, the United Arab Emirates and Saudi Arabia (who intend to reside in Bahrain on or after February 22 to travel the UK in 2024).’
Global enterprise mobility
Australian nationals and permanent residents coming to the UK to open a branch or subsidiary of their Australian employer do not need to show that they have worked for their overseas employer for 12 months prior to coming to the UK. This is in line with the UK’s commitments in the UK-Australia Free Trade Agreement.
youth mobility program
From April 12, the annual Youth Mobility Scheme visa allocation will increase for Australian nationals (30,000 to 35,000) and Canadian nationals (6,000 to 8,000). Also for New Zealand nationals only:
- The age range is extended from 18-30 to 18-35; And
- the length of stay will be increased from 2 to 3 years.
Global talent
On April 12, 2023, various changes to the approval criteria and the obligation to provide evidence will come into force.
If you would like more information about these changes and how they affect you or your business, please contact one of our staff immigration team who is happy to help.
The content of this page is a summary of the law currently in force and does not purport to be exhaustive or constitute definitive advice. If you have any questions, professional legal advice should be obtained.