Updated Immigration Rules to the UK, commencing 12 April 2023

On 9 March 2023, the Government laid out through statutory instrument an update to the UK immigration rules which will start from 12 April 2023 – as ever the devil is in the detail! We recommend applicants, particularly those intending to apply in the categories below to check the UK immigration rules or seek advice from an immigration solicitor/lawyer.

If you would like immigration advice on the changes to the immigration rules or another immigration category from one of our immigration lawyers please contact us and of our team members will respond to you.

Herewith is summary of the main changes to the immigration rules:

• introduction of an Electronic Travel Authorisation (ETA) for third country nationals who require permission to enter for a visit or transiting the UK – this is likely to be well publicised
• new Innovator Founder visa route – the £50,000 fund requirement to be removed, so long there is a genuine proposal and funding. This will provide more flexibility for entrepreneurs to apply for a visa to the UK
• Start-Up route to be removed visa due to the introduction of the above route
• new minimum individual salary thresholds for Skilled Workers (Soc Code update), Global Business Mobility, Scale-up and Season Worker routes
• jobs through the Skilled Worker route will also need to comply with the National Minimum Wage and Working Time Regulations
• change of occupation code for specified routes where this is part of a graduate training programme
• Australian nationals and permanent resident holders will not need to have worked for their companies for at least 12 months if coming through the Global Business Mobility UK Expansion Worker route
• Youth Mobility Scheme age to be increased from 18-30 to 18-35 and visa to be increased from 2 to 3 years for New Zealand nationals. This will enable more New Zealanders to live and work for a temporary period
• Global Talent visa changes to allow candidates to use more subjective criteria when presenting assessments to endorsing bodies
• new Appendix Adult Dependant Relative to replace those stated in the immigration rules as part of the simplification to the immigration rules
• long residence rules will not allow time spent on bail, visitor, short-term student and seasonal worker routes to count time for the ten-year period in this category – this removes the possibility of those who have ‘precarious’ immigration status or have had leave which was not granted for more than 12 months and therefore the route could not have led to settlement from counting these periods as counting towards the continuous residence requirement
• technical change to applicants applying for entry clearance through Appendix FM to require identity documents evidencing nationality to be produced
• Permit Free Festival List of approved organisations will be updated.