The Government's white paper, Plan for Change, on immigration is a total reversal of previous policies. The latest statistics reveal a significant rise in net migration reaching nearly one million in the year ending June 2023. The Government intends to reduce the reliance on the recruitment of foreign nationals. New rules introduced in January 2024 already prevents foreign students from bringing family members to the UK and also prevents students from transitioning to a work visa before their course ends as a way of reducing abuse of the system. Students are now required to complete their course before attempting to obtain a work visa. It must be stressed that at the present time Plan for Change and the associated White Paper are simply proposals, it is likely that not every aspect of the proposed policies will come into effect.
However, Plan for Change does go much further than any other recent immigration limitations. The Government's intention is to back British workers over cheap overseas labour may take some time to achieve. There is a clear drive to reduce the lower skilled workers that are below degree level, at the same time as maintaining the highly skilled migrant workers who bring new skills sets and have a position impact on the labour market.
KavinaMunja Halaith, an immigration lawyer based in the London office, pointed out "The planned ten-year residence in the UK requirement before the possibility of applying for citizenship, if the proposals are accepted, will apply to all. However, there is a window of opportunity for individuals who currently fulfil the current residential requirement of five years to apply for citizenship at the present time. Obtaining British citizenship sooner rather than later offers far greater security, provides permanent residency, full civic rights and the freedom to work. Also, should an untoward event occur when travelling abroad as a British citizen will have enhanced protections and consular support." Kavina further commented "Taking action now is advised as there could be more restrictive changes in the future. Also, for individuals with children it provides a far greater level of security to the family."
A Snapshot of the Major Proposals in the White Paper
- A study visa will no longer permit International post-graduate students to bring their family members to the UK, unless studying a PhD, other doctoral qualification, or research-based higher degree course lasting nine months or more.
- All applicants must be able to demonstrate competence in the English language.
- The perceived abuse and exploitation of social care visas will see the closing of this visa route to foreign nationals. There will be a transition period of three years.
- Skilled workers must be at graduate level or above.
- More focus on attracting highly qualified highly skilled workers, such as medical professionals, engineers, scientists.
- Sponsors must meet the stronger requirements to recruit potentially high flying international students. New interventions introduced for sponsors who are close to failing their sponsor duties. Also, a potential uplift in immigration skills charge paid by organisations sponsoring migrant workers.
- The Home Office plans to ensure that it is informed of all foreign nationals who are convicted of an offence, not just those serving time in gaol. This will enable the ability to more readily take removal action and revoke visas. Violent crimes against women and girls will take precedence.
The new rules are intended to pave the way to tightening up of the immigration system and preventing widespread abuse of the system which hitherto has, in some sectors, prevailed. However, there is a danger of seriously hampering the most vulnerable sector, social care, with the attendant risks of leaving the care sector undermanned.
Also, the hoped for take up of unskilled work by British citizens may not be as speedy as the government is hoping.
Giambrone & Partners immigration lawyers can assist in fast tracking applications for British citizenship under the five-year rule before the Government introduces the new rules. Our lawyers can also ensure that overseas nationals are in a secure position and are not compromised by lack of awareness of the rules, misunderstandings or omissions from the past.
Kavina Munja Halaith is based in the London office. She has considerable experience related to a wide range of immigration applications and has a comprehensive range of knowledge and expertise. Kavina has successfully dealt with complex immigration appeals in the jurisdiction of England and Wales.
Kavina can assist clients with the preparation of applications, working closely with the authorities and ensuring that there are no errors or omissions that may impact on the success of the application.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
