22 Mar Significant changes in the UK Immigration Rules – March 2023
On 9 March 2023, the Home Office published a Statement of Changes to the Immigration Rules: HC1160 as well as its Explanatory memorandum. In brief, the main changes include but are not limited to:
- The Introduction of the Electronic Travel Authorisation (ETA) Scheme.
- The Introduction of the Innovator Founder Visa route and the closure of the Start-up Visa route.
- Updates to employment requirements in working routes.
- Changes to the Youth Mobility Scheme (YMS).
- Updates to the Global Talent routes.
- Introduction of a new Appendix Adult Dependent Relative.
- Changes to the definition of ‘lawful residence’ in the Long Residence
- Electronic Travel Authorisations (ETA)
The ETA scheme will apply to third-country nationals visiting the UK or transiting who do not currently need a visa for short stays (up to 6 months), as well as those using the Creative Worker route for a short stay (up to 3 months). The new rules are set out in Appendix Electronic Travel Authorisation.
From 15 November 2023, you’ll need an ETA if you’re travelling to the UK and you are a national of Qatar.
From 22 February 2024, you’ll need an ETA if you’re travelling to the UK and you are a national of:
- Bahrain
- Jordan
- Kuwait
- Oman
- Saudi Arabia
- United Arab Emirates
More countries will be added to the scheme at later date.
Applications will be made through UK ETA online. Decisions should be made within three working days.
The ETA will be valid for a period of two years and the holder will be able to use it to make multiple visits to the UK. However, an ETA does not guarantee entry to the UK.
- Innovator Founder Visa route/Closure of the Start-up Visa route
The current Innovator route (launched in March 2019) and Start-up Visa route are now going to be replaced by the “Innovator Founder Visa route”. The new route will be opened for individuals who seek to establish an innovative business in the UK under Appendix Innovator Founder, which is likely to be more flexible in its approach.
The £50,000 minimum investment funds requirement has been removed. Meanwhile, restrictions on Innovator migrants engaging in employment overseas have been relaxed. The focus of the new rules is “a genuine proposal of innovation business” and “sufficient funds”.
From 13 April 2023, the Start-up route will only be available to those who hold a valid Start-up endorsement issued before 13 April 2023.
The Start-up route will be closed to all new applications on 13 July 2023.
- Updates to employment requirements in work routes
- Salary
“Salary thresholds and going rates for individual occupations are being updated, based on the latest available UK salary data. Clarification is also being added to how salaries are considered where an applicant is working a pattern where the regular hours are not the same each week. These changes relate to the Skilled Worker, Global Business Mobility, Scale-up and Seasonal Worker routes.”
For Skilled worker visa, the minimum salary threshold is now increased to £26,200; Senior and Specialist and Graduate Trainee in Global Business Mobility has changed to £45,800 and £24,220; £34,600 is for Scale-up workers.
- Australia Free Trade Agreement reflects in GBM
In regards of Global Business Mobility applications, “Australian nationals and permanent residents coming to the UK to open a branch or subsidiary of their Australian employer will NOT need to demonstrate that they have worked for their overseas employer for 12 months prior to coming to the UK.”
- Changes to the Youth Mobility Scheme (YMS)- New Zealand ONLY
According to the reciprocal and bilateral arrangement between UK and New Zealand, in YMS, A) the age range is being expanded to 18-35 (not 30) and B)the grant period turns to be 3 years instead of 2 years.
- Updates to the Global Talent routes
There are several amendments occurring in the Global Talent rules regarding the endorsement criteria and evidential requirements of the endorsing bodies. Overall, the new policy is trying to attract more exceptional talents in the relevant fields by taking the evidence from the applicants themselves into account.
For instance:
“At the request of Arts Council England, the evidential requirements for an arts and culture endorsement are being amended to:
Include a CV to assist the endorsing body in understanding what stage the applicant is at in their arts and culture career to date; and
Include a requirement that exceptional promise applicants must be at an early stage in their career, to mirror a similar requirement in the endorsement requirements for applicants in digital technology and science, engineering, humanities, social sciences and medicine. This is to clarify that applicants at later stages of their careers should apply under the exceptional talent endorsement criteria.”
For more details of updates in other fields, please refer to: https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1160-9-march-2023
An update of the Global Talent settlement requirements is being made to allow time spent as a Representative of an Overseas Business to be combined as part of the 3 or 5 year continuous period.
- Introduction of a new Appendix Adult Dependent Relative;
A new Appendix Adult Dependant Relative is coming to effect on 1 June 2023 and the current provisions related set out in Appendix FM will be replaced.
Under the goal of “simplifying the Immigration Rules”, the new rules have been updated to align with the wider approach to suitability at the settlement on Article 8 Human Rights routes.
“Where the applicant is applying for entry clearance or permission to stay, they may be refused if they fail certain suitability grounds in relation to serious criminality. An applicant will also need to complete a longer qualifying period before being able to settle (in country) if they fail certain suitability grounds (e.g., have unpaid litigation debt or involvement in a sham marriage/civil partnership), but their removal would breach Article 8 of the European Convention of Human Rights.”
It is also important to note that the financial evidence may be required to be signed by the sponsor at any application under the ADR route.
- Changes to the definition of ‘lawful residence’ in the Long Residence rules
As the definition of “lawful residence” in existing rules has caused confusion in the past, the Home Office has now clarified that:
“The rules are changing to NOT allow any period on immigration bail to count towards the qualifying period for long residence in any circumstances. This creates a simple expectation that people cannot count time with precarious status towards settlement on the basis of long residence.”
In addition, it appears that any time when switching onto another route is generally not allowed from within the UK, will not count towards time lawfully and continuously resident in the UK. However, a person who has spent a period of time on immigration bail or any other short-term permission who is later granted permission on another basis will still be able to qualify for long residence settlement, but they will need to wait longer.
Contact Our Immigration Team
For expert advice regarding any aspect of the UK visa application, please contact our immigration team on 0203 384 3075.
