Home Office releases changes to the UK Immigration Rules

On 9 March 2023 a statement of changes to the UK Immigration Rules was presented to Parliament. Below we review the three main changes being considered in this statement.

1. Introduction of Electronic Travel Authorisations (ETA)

Those seeking to enter the UK as a Visitor (i.e. for no more than 180 days from the date of entry) or a Creative Worker (for temporary work in the UK) can apply for an ETA. It should be noted that one has to obtain their prior ETA to travelling to the UK. 

At first, the scheme will only apply to nationals of Qatar who intend to travel to the UK on or after 15 November 2023; and then, from 22 February 2024, it will extend to include nationals of Bahrain, Jordan, Kuwait, Oman, the United Arab Emirates, and Saudi Arabia. 

The above nationalities have also been removed from the list of Visa Nationals (those who require a Visit Visa to enter the UK). Therefore, it appears that the requirement for nationals of the above countries to apply for and obtain a Visit Visa will be replaced by applying for and obtaining an ETA. 

The above list of nationalities to which the ETA requirements apply will grow as the scheme is rolled out; however, at present there is no indication of what other countries may be added to this list or when it may happen.

2. Cancellation of the Start Up and Innovator categories, and introduction of the Innovator Founder Category

Most notably, this change eliminates the required level of funds (£50,000) that has to be invested in one’s business proposal; instead, a more rational view is put in place, whereby the aim is to attract those with a genuine proposal for an innovative business and with a sufficient level of funds to deliver that particular business. 

Additionally, it is proposed to remove the restrictions on Innovator migrants who are willing to engage in employment other than in the business for which they have been endorsed, provided that any such secondary employment is in a suitably ‘skilled’ role. 

These changes have rendered the Start-up visa obsolete, and this route will close to all new applications, except where endorsement letters have been issued before or on 13 April 2023.

3. Updates to the Skilled Worker route

Changes have been brought in across the Skilled Worker route to align salary thresholds with the latest available UK salary data, the current National Minimum Wage Regulation and Working Time Regulations. Further clarity has been provided in relation to applicants whose working patterns may not comprise ‘regular’ or ‘consistent’ working hours, as to how their salary is to be calculated against the relevant requirements.

The Statement of Changes goes on to clarify and align the current Immigration Rules in some detail and, as these are reviewed and analysed, Gherson will be providing further updates.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2023