How to navigate salary thresholds under the work visa routes
A new Statement of Changes to the Immigration Rules, laid before Parliament on the 14th of March 2024, introduced a sharp increase to the minimum salary thresholds for work routes, including Skilled Worker, Health and Care, Scale-Up and Senior or Specialist Worker routes. In addition, the Shortage Occupation List was replaced by a new Immigration Salary List, specifying the occupations where a reduced salary threshold applies in the Skilled Worker route and the Standard Occupation Classification (SOC) code system was updated from SOC 2010 to SOC 2020. The Home Office has also introduced transitional arrangements for existing work visa holders.
This has resulted in the expansion of the Appendix Skilled Occupations from three tables to six and in the version of the Rules which is difficult to follow. The Home Office operations guidance, which was updated on the 4th of April 2024, is not much of a help. Moreover, there are noticeable discrepancies in the Rules and guidance as well as operational issues since the implementation of the new Rules.
There is a hope that the Home Office will address the identified issues promptly. In the meantime, this post intends to shed light on how to navigate different salary levels when sponsoring migrant workers on the work routes.
Transitional provision
The starting point is to identify whether the prospective applicant falls within the transitional provision. The transitional provision applies when:
- The prospective applicant was granted permission as a Skilled Worker before the 4th of April 2024 and they have had continuous permission as a Skilled Worker since, and the date of application is before 4 April 2030; or
- The prospective applicant’s Certificate of Sponsorship (“COS”) was assigned before the 4th of April 2024 and they have had continuous permission as a Skilled Worker since, and the date of application is before 4 April 2030; or
- The job is eligible for the Health and Care ASHE visa (some conditions apply). More information can be found in paragraph SW A1.1. of Appendix Skilled Worker of Immigration Rules; or
- If being sponsored under Table 2a of Appendix Skilled Occupations, the prospective applicant was sponsored by the same sponsor in the most recent grant of permission and the sponsor continues to sponsor them.
If any of the transitional provisions apply, the minimum salary threshold will be assessed against the following options:
Option F: £29,000 per year, £11.90 per hour and the going rate for the SOC 2020 occupation code
Option G (PhD in a subject relevant to the job): £26,100 per year, £11.90 per hour and 90% of the going rate for the occupation code
Option H (PhD in a STEM subject relevant to the job): £23,200 per year, £11.90 per hour and 80% of the going rate for the occupation code
Option I (Job is in the Immigration Salary List): £23,200 per year, £11.90 per hour and the going rate for the occupation code
Option J (New entrant): £23,200 per year, £11.90 per hour and 70% of the going rate for the occupation code
Option K (Job listed in Health and Education Occupation): £23,200 per year and the going rate for the occupation code (Table 3 of Appendix Skilled Occupations)
The going rate for Options F to J can be found in Table 2 of Appendix Skilled Occupations.
New salary levels
If the job does not fall under any of the above-listed options, then, new salary thresholds apply:
Option A: £38,700 per year, £15.88 per hour and the going rate for the occupation code
Option B (PhD in a subject relevant to the job): £34,830 per year, £15.88 per hour and 90% of the going rate for the occupation code
Option C (PhD in a STEM subject relevant to the job): £30,960 per year, £15.88 per hour and 80% of the going rate for the occupation code
Option D (Job is in the Immigration Salary List): £30,960 per year, £15.88 per hour and the going rate for the occupation code
Option E (New entrant): £30,960 per year, £15.88 per hour and 70% of the going rate for the occupation code
The going rates for Options A to E can be found in Table 1 of Appendix Skilled Occupations.
Changes to Global Mobility and Scale-Up Routes
Alike the Skilled Worker salary thresholds, the salary thresholds for the Global Mobility Routes have gone up. The good news is that the going rates for the Global Mobility Routes will continue to be based on the 25th percentile of roles within the relevant SOC code and can be found in Tables 2 and 2b of Appendix Skilled Occupations. However, the minimum salary thresholds have gone up from £45,800 to £48,500 per annum for Senior or Specialist Workers and from £24,220 to £25,410 for Graduate Trainee applicants.
Important to note that some SOC Codes which were eligible for sponsorship under the Global Mobility Routes are no longer eligible as of the 4th of April 2024. Such codes are now listed in Table 2b of Appendix Skilled Occupations and can be used by someone with permission on this route before the 4th of April 2024 and who is applying for an extension to continue working in the same role.
For the Scale-Up route, the general threshold has been raised from £34,600 to £36,300.
What is next?
By introducing the above changes, as stated in the Explanatory Memorandum, the Home Office intends to encourage UK businesses to invest in the resident workforce rather than over-relying on migration. This has been the aim for many years but changing the immigration policy has not [yet] brought the desired results.
What is certain is that the Immigration Rules are becoming harder to navigate even for experienced immigration practitioners and, coupled with the increase in Immigration Health Surcharge and other visa costs, it could be assumed that this could have been done intentionally to discourage businesses from employing foreign workforce.
This article has been published in line with the relevant Rules and policies that apply on the 24th of April 2024.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
What happens if a fee waiver request has been withdrawn?
What happens if a fee waiver request has been withdrawn?
The answer to this question does not appear to be straightforward.
As a brief background, a fee waiver allows eligible applicants to partially or fully avoid the payment of the Immigration Health Surcharge and/or application fees. The fee waiver option was originally available to in-country applications only. In 2022, the Home Office changed the Rules to allow overseas applicants to apply but only in limited circumstances.
To become eligible, an applicant must demonstrate upon legitimate evidence that they cannot afford the visa application and/or Immigration Health Surcharge fees for a reason of being destitute or at risk of becoming destitute, or, the total income earned is not enough to meet the child’s additional needs. If granted, the actual visa application must be made within 10 working days from the date of the decision on the fee waiver request when applying within the UK or 28 calendar days when applying from outside the UK followed by the submission of biometric data. Important to note that only certain application types are eligible for a fee waiver and applications for Indefinite Leave to Remain in the UK (also known as settlement), even those based on human rights claims, are not eligible for a fee waiver.
The processing times for a fee waiver request have recently been subject to increase, making many wonder what happens if a paid visa application has been submitted whilst a fee waiver request remains pending. This all comes down to section 3(c) of the Immigration Act 1971, or as commonly known “section 3(c)”.
To put it simply, section 3(c) extends one’s permission to remain in the UK lawfully whilst their in-time UK visa application remains pending decision at the Home Office or until all appeal rights associated with an in-time refused visa application are exhausted. In relation to a fee waiver request, without going into many technicalities, if the request has been made before the expiry date of a valid UK visa, the applicant’s rights to remain in the UK lawfully continue at the time when the decision on a fee waiver application has been made and at the time when an actual visa application has been submitted, even if the visa validity already came to an end. But what happens if a fee waiver request has been withdrawn or a paid visa application is made whilst the visa has already expired but a fee waiver request is yet to be decided?
The simple answer is that section 3(c) will not be triggered which means that the person will be an overstayer once their UK visa comes to an end. This is because a fee waiver is not an application for leave to remain in the UK – it is merely a request for the UKVI fees to be waived.
Case study
On 5 November 2023, Tom submitted a request asking the Home Office to waive the payment of the Immigration Health Charge and UKVI fees in relation to his UK Spouse extension application. Tom’s permission to remain in the UK expired on 1 January 2024 and his leave was transitioned to section 3(c).
Tom then realised that on 7 February 2024, he accumulated 10 years in the UK. Tom decided to not wait for the outcome of his fee waiver request and on 11 February 2024 he submitted a paid Indefinite Leave to Remain visa application under the 10-year Long Residence route using an expedited service.
On 11 March 2024, Tom’s application was refused. The reason is that to be eligible for Indefinite Leave to Remain under the 10-year Long Residence, Tom had to demonstrate that he was lawfully present in the UK for a consecutive 10-year period. Unfortunately, making a paid visa application, Tom’s fee waiver request became void, making him an overstayer since 2 January 2024, and therefore, short of lawful 10 years of residence.
The wording in some of the Home Office operation policies might suggest that a fee waiver request submitted in time is treated as an application for leave to remain, however, since the fee waiver is not an application for leave, it cannot be varied.
In the wake of the incredibly high visa fees and legal costs, it is more important than ever to correctly interpret the Immigration Law and requirements to avoid any disappointment and unnecessary expenses. Our Immigration team can assist with very complex immigration matters including fee waiver requests. Contact us for a quick assessment.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
Revocation of the cohabitation requirement for a UK partner visa
For many years it was a standard practice to comply with the cohabitation requirement when applying as an unmarried partner to join a family member under various immigration routes. With the introduction of a new Appendix relationship with Partner that relaxed the definition of “durable relationship”, the relationship requirements under Appendix FM and Appendix FM-SE have now been brought in line.
The unmarried partner visa applies to couples that have been in a durable relationship (not married or in a civil partnership) for at least 2 years. In other words, the couple must demonstrate that they have been in a relationship similar to marriage or a civil partnership for at least 2 years before the date of a UK visa application. The unmarried partner visa option is available not only for partners or British or Irish nationals, persons with settled status in the UK, with protection status, with limited leave under Appendix EU and Appendix ECAA applying under Appendix FM and Appendix FM-SE of the Immigration Rules, but also for partners on the work and study routes.
As history serves, the requirement for unmarried partners in relation to “durable relationship” for many years was that the couple “must have been living together in a relationship similar to marriage or civil partnership for at least the two years before the date of application”. This implied at least two years of cohabitation, regardless of whether the application for a UK visa is submitted within the UK or abroad.
With the introduction of an Appendix relationship with Partner into the Immigration Rules for applicants on work and study routes in 2023, the cohabitation requirement was abolished. Instead, the assessment is now based on the facts of each case, regardless of whether the couple have cohabitated or not.
On the 31st of January 2024, the same approach came into force for applications under Appendix FM and Appendix FM-SE of the Immigration Rules, which is rather welcome news.
As marriage is no longer required as a public display of commitment, unmarried partnerships have become very popular and have a very diverse form within and outside the UK. In addition, with technology playing a very prevalent role in modern society, it brings opportunities, enhances communication and provides couples with a new way of maintaining long-distance relationships. This is particularly relevant in some countries/cultures where cohabitation isn’t permitted or where same-sex relationships are not recognised or accepted. The Home Office’s implementation of cohabitation flexibility to the “durable relationship” requirement, therefore, is excellent news.
Where the couple has not cohabitated or has not lived together for some parts of the 2-year period, consideration will be given to the reason for living apart, level and frequency of communication, visits, joint holidays, events attended, financial support and evidence of joint care for children. There may also be cases where no documents can be provided in relation to a durable relationship. In such circumstances, the decision will be based on the facts of the case.
Our Immigration team has decades of experience assisting couples with their immigration matters, in particular, in complex cases where no or little cohabitation documents can be provided. Do not hesitate to get in touch for a brief free assessment or detailed legal advice.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
What is the purpose of the Scale-up scheme, and do we still need it?
The UK's Scale-up Visa, launched in 2022, aims to attract talent to fast-growing businesses by offering a two or three year visa’s to those in qualifying roles who meet specific requirements including the minimum salary threshold, English language and financial requirements. After five years, it would open a pathway to settlement.
The recent announcement about the increase in the minimum salary threshold for a Skilled Worker visa raises questions about the need for potential adjustments to the Scale-up scheme and its continued advantage for individuals and businesses. This article introduces the Scale-up visa scheme and explores its future.
What is Scale-up scheme?
This visa route offers two visa options: a sponsored and an unsponsored. The sponsored visa is available for up to two years, while the unsponsored visa can last up to three years. Applicants must apply for a sponsored visa, which is the starting point for this program.
To qualify for the Scale-up visa, individuals must obtain a valid Certificate of Sponsorship from an approved, UK-based Scale-up sponsor for a role that meets the required skill level with a minimum annual salary of £34,600. In addition, applicants must prove their English proficiency to at least the CEFR Level B1 (equivalent to IELTS 4.0) and meet the financial requirement. After six months of employment for the sponsor, Scale-up visa holders can switch to a different employer without needing another sponsorship or having to notify the Home Office.
The unsponsored scale-up visa route requirements are identical to the initial sponsored visa. Still, the only difference is that the applicant must have completed a minimum six-month period with their sponsored employer, provided they continue to earn a minimum yearly salary of £34,600 or £33,000 for those whose Certificate of Sponsorship was issued before 11 April 2023. This setup offers a straightforward and adaptable path for skilled individuals pursuing work opportunities in the UK.
Partners and children can accompany the applicant on the visa by meeting specific criteria such as the relationship, age, and financial requirements. This flexibility benefit is advantageous for employees relocating with their families. The visa scheme’s primary advantage is keeping families together, allowing dependent partners to work except as professional sportspersons and there is no specific minimum salary threshold for them to fulfil. When lead applicants switch or extend their visa, their partner or their child's status remains unchanged. However, the partner or child must apply for an extension or visa switch simultaneously with or before the lead applicant's visa expiration.
Those aiming to settle must accumulate a continuous five-year period in the UK, adhering to the pathway toward indefinite leave to remain. During this period, they must fulfil the earnings requirement to be eligible for settlement.
A Scale-up Sponsorship License and the burdens
To be eligible to become a Scale-up sponsor, a company can apply through either of the two available pathways: standard or endorsement. To qualify under the standard path, the employer must have grown by an average of 20% over three years in either employment or total sales and have at least ten employees at the start of the three-year period. The endorsing pathway is for companies with an HMRC history of fewer than three years that cannot provide the evidence required in the standard path. To qualify, the company must pay an additional fee to obtain an endorsement from the Home Office-approved endorsing body, which must be obtained within three months from the date of application. There are seven requirements to be satisfied, including demonstrating the potential growth rate required for the Scale-up standard and being expected to meet the definition of a Scale-up in the next four years. In addition to these seven mandatory requirements, employers must also satisfy at least three out of five additional requirements to receive the Sponsorship License.
Does the scheme work so far?
Despite the seemingly straightforward way of obtaining the Sponsorship License, the Scale-up visa scheme presents significant challenges to businesses, including the financial and administrative burden, compounded by the need for more assurance that employees will remain in their posts beyond the initial six-month period. Given that this scheme's principal benefit is attracting highly skilled workers, as of 22nd February 2024 there were only 52 out of over 103,000 Sponsors who were successfully licensed under the Scale-up Scheme since its launch in 2022. This raises the most obvious concern over the attractiveness of this visa route. Or, perhaps, this visa route has been overlooked?
Those businesses that are aware of this sponsorship option undoubtedly will weigh up whether it is worth investing their time and resources, especially when there are other ways to hire a foreign workforce. Another important aspect is that unlike other sponsored work routes, the Scale-up License cannot be renewed beyond the initial four-year period. This aspect further underscores the potential limitations of the Scale-up scheme as a long-term solution for businesses aiming to attract and retain skilled talent. This situation prompts a broader reflection on the necessity of this scheme.
Do we need a Scale-up scheme?
Since its introduction, the Scale-up visa scheme has received minimal attention. According to Sponsored work visas by occupation and industry data, from Q1 to Q3 2023, there were 237,284 applicants for sponsored worker visas. However, only 26 applied for the Scale-up visa, with 20 receiving approvals. In comparison, 174,646 applied for the skilled worker visa and 163,386 were granted.
Before the Home Office introduced the increase in the minimum salary threshold, the Skilled Worker visa route was more appealing due to the lower salary requirement than the Scale-up visa. With the increase, the salary requirement for both visa routes are similar, potentially enhancing the Scale-up visa's appeal due to its added flexibility. However, the future of the Scale-up visa remains to be determined, depending on whether the Home Office decides to revise the threshold further. If the Home Office opts for another increase, it could significantly impact the scheme's demand, casting doubt on the advantages the Scale-up visa offers to attract more applicants, especially considering the already low figures for individual and business applications.
How Our law firm can help
Our team of immigration experts is dedicated to offering comprehensive legal advice and support designed to make your immigration journey as seamless as possible. We pride ourselves in providing personalised assistance tailored to each client's specific needs and circumstances, ensuring a higher likelihood of successful application success.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us at reception@cnsolicitors.com
2024 Immigration rule updates
Recently, the United Kingdom has implemented significant changes in its immigration policies, impacting both businesses and individuals. Notable revisions include:
- The Immigration Health Surcharge (IHS).
- Skilled worker minimum salary threshold.
- Spouse, Partner visas (Appendix FM) minimum income threshold.
- The renewal policy for business sponsor licenses.
These changes have introduced considerable financial challenges and administrative shifts for those planning to work, study, or reunite with family in the UK. This article explores these critical immigration developments and their multifaceted effects on immigration processes, recruitment strategies, and administrative burdens.
The Immigrant Health Surcharge Rise
The UK government's recent revision of the Immigration Health Surcharge (IHS), effective from 6th February 2024, presents substantial financial challenges for businesses and individuals. The IHS has seen a significant increase, rising from £624 to £1035 annually and an increase from £470 to £776 for children under 18, students and their dependents. This policy change aligns to make a sufficient financial contribution' reflecting the government's commitment to addressing the impact of migration on the NHS.
The IHS is a mandatory fee for those intending to stay in the UK for over six months. While incremental increases in the IHS have occurred since 2019, this recent rise poses a significant financial challenge for businesses reliant on international talent, potentially effecting their ability to attract and retain skilled overseas workers. Companies may need to reassess compensation and benefits packages, revise recruitment budgets, and consider the overall impact on organisational costs. Similarly, individuals, especially skilled workers, and international students, must engage in careful financial planning as the higher IHS fee adds to the overall cost of obtaining a UK visa. This change may discourage some from choosing the UK as their destination for work or study, potentially reducing the available recruitment pool.
Skilled worker minimum salary threshold.
The recent changes in the skilled worker minimum salary threshold announced on 4th December have far-reaching implications. This nearly 50% rise from £26,200 to £38,700 will come into force from 4th April and could lead to reassessing hiring strategies, particularly for sectors heavily reliant on low-paid skilled migrants. The policy will significantly impact the recruitment pool as it becomes more difficult for immigrants to apply for visas and meet the minimum threshold in the UK. While intending to attract highly paid skilled workers, it may also necessitate a review of hiring strategies in sectors dependent on low-paid skilled migrants.
These changes also impact the Graduate Visa route, vital for international students seeking employment in the UK. While the Graduate Route offers opportunities, the new immigration rules and the raised minimum salary threshold may influence career decisions, potentially affecting sectors traditionally employing international graduates. Moreover, when coupled with increased visa application fees and health surcharges, these policy changes create additional hurdles for individuals pursuing work and education in the UK.
Spouse, Partner visas (Appendix FM) minimum income threshold.
Additionally, aiming to reduce net migration, the Home Secretary has announced a gradual increase in the minimum income requirement for Spouse and Partner visas. Starting 11th April, the threshold will increase from £18,600 to £29,000, eventually reaching £38,700 by early 2025. Family visas are crucial for individuals seeking to reunite with their family members, partners, or spouses in the UK. Anyone wishing to bring their family to the UK must consider applying for a visa before the new requirements take effect in April.
The renewal policy for business sponsor licenses.
On the other hand, a significant change in the UK's immigration law regarding business sponsor licenses takes effect from 6th April 2024. This change automatically extends all sponsor licenses set to expire after this date by ten years, eliminating the need for renewal and associated fees. Nevertheless, sponsors with licenses expiring before 6th April 2024 still need to apply for renewal and pay the associated costs to remain licensed. Failure to renew could lead to employment restrictions for sponsored employees. The new policy removes the need for renewal every four years, reducing administrative efforts and costs burdened on businesses.
This change is a significant relief for businesses employing foreign workers. Eliminating renewal requirements means cost savings and less time spent on administrative processes. Businesses can focus more on strategic talent acquisition and management without worrying about sponsor license renewals. With these changes, companies must understand their new responsibilities and opportunities. The extension of the sponsor license validity period marks a positive shift for firms in the UK, simplifying the process of employing foreign talent and providing more stability and predictability.
Given these significant changes, our law firm extends its expertise in providing legal advice and support to navigate the evolving immigration landscape. We assist businesses in understanding and complying with new regulations, optimising recruitment strategies and addressing legal challenges. We also guide individuals, particularly skilled workers and international students in navigating visa applications and career planning amidst these transformative shifts. Our firm ensures that businesses and individuals can thrive in this changing immigration environment.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us at reception@cnsolicitors.com
Understanding the Returning Resident Visa: Requirements, Eligibility, and Application Process
Returning Resident visa caters to those who previously had indefinite leave to remain in the United Kingdom (also known as “settlement”) which has now lapsed, and who now want to return to and settle in the UK.
If the visa application is successful, having been granted permission to re-enter the UK, the applicant's residential rights and benefits will be restored.
The Returning Resident visa application must be submitted from outside of the UK and the following validity requirements must be met:
- The application must be submitted on the ‘UKA/ROA/RR’ form or (for applicants under the Windrush Scheme) the ‘Windrush Scheme application (Overseas) form
- The applicant must be outside the UK
- The required fees must be paid (no fee is required for the Windrush Scheme)
- The required biometrics must be provided
- The applicant’s identity and nationality must be established
- There must be a record of the applicant being previously granted settlement in the UK, which has now lapsed due to the absence
On the application, the genuine intention to settle in the UK must be demonstrated as well as strong ties to the country through family, assets or business connections. Furthermore, the length of time the applicant had lived in the UK before their departure will also be a factor in considering whether there is a strong link. As such, the longer the period of residence in the UK was, the more reason will be to believe that the applicant has established a strong connection with the UK.
Important to note that when assessing an application, the Home Office will also take into consideration the reason for the prolonged absence, would it be medical treatment, caring for a family member, overseas employment/self-employment or studies. Overstaying due to inability to travel can also be taken into consideration.
Lastly, some applicants might be subject to a TB test requirement.
The application fee is currently set at £637. The current processing time is 3 weeks. If the application is successful, the passport will be endorsed with an entry clearance vignette valid for 3 months. The BRP card will be available for collection at a designated post office upon arrival in the UK.
At Chan Neill Solicitors LLP we have an experienced immigration team which has been successfully assisting applicants with a Returning Resident visa for many years. Do not hesitate to contact us for advice and assistance.
How will new immigration rules affect international students and their families studying in the UK?
On 17th July 2023, the Home Office made some changes to immigration rules, the most significant of which is the restriction on overseas students bringing family members to the UK.
However, when the news was released in May, the Home Office announced the scheme expected to be implemented in January next year.
Unexpectedly, yesterday's Immigration Rules Update document announced without warning that the restriction on overseas students bringing family members had begun.
Today's post will focus on how this update to the immigration rules will affect overseas students.
Restrictions on student visa holders bringing family members to the UK.
The UK is home to several world-renowned institutions of higher education. Hence, so many international students from all over the world come to the UK every year to further their studies.
Students of all ages come to the UK for higher education, with many returning to study after starting a family.
To allow students to combine family life with study, the UK government has previously allowed holders of long-term student visas to bring their spouses and children to the UK.
Whilst student visa holders are subject to restrictions on working hours and other business activities, their spouses are free to work and do business in the UK whilst on a Dependant visa.
As a result, more and more people are using the combination of a student visa and a Dependant visa as a transition for the whole family to immigrate to the UK, which has led to the student visa being gradually abused and losing its original purpose.
This immigration rule update is also the result of the UK government's desire to stop the abuse of student visas and return them to their original purpose of serving academic research.
Overall, the Home Office has not applied a blanket rule on overseas students bringing family members with them. Instead, they have increased the requirements for overseas students who can bring family members with them, depending on the circumstances.
Currently (after 17th July) there are specific conditions for students to be able to bring their families to the UK:
- Government Scholarship students studying a programme of 6 months or more
- Full-time students studying a postgraduate or above programme (RQF level 7 or above) of 9 months or more.
Please note that the requirements will remain in effect until the end of this year, except for government scholarship students who will not be affected. Additionally, restrictions for students pursuing postgraduate or higher-level courses will be further strengthened starting from January 1, 2024.
Only the following two types of postgraduate or above courses commencing after 1/1/2024 will be allowed to bring dependants:
- PHD doctoral degree or other doctoral degree (RQF level 8)
- Research-based Higher Degree (RQF 8)
This update to the immigration rules is only for upcoming dependents of students, and applications for dependents of students submitted before 17 July will be reviewed under the previous rules.
Pathway requirements added for a student visa to other work/business visas.
Some new prerequisites for student visas to be converted to other work/business visas have been added to the Immigration Rules Update published on the 17th.
The work/business visas affected are:
- Skilled worker visas
- Visas within the Global Business Mobility Programme
- Tier 2 Minister of Religion Visa
- Overseas Chief Representative Visa
- British Ancestor Visa
- Global Talent Visa
- High Potential Talent Visa
- Expansion Worker Scale-up Visa
- Innovation Founder Visa
- International Athlete Visa
- Various short-term work visas, etc.
There were no special requirements in the previous immigration rules for converting a student visa to another work/business visa.
If the student found a company with employer sponsorship qualification that is willing to sponsor him/her for the corresponding work visa or fulfilled the eligibility criteria for a particular business visa, then the student could convert to the corresponding visa at any time during his/her student visa.
However, with effect from yesterday (17 July), one of the following conditions must be met to be able to convert from a student visa to a work/business visa:
(a)The applicant must have completed the course of study for which the Confirmation of Acceptance for Studies was assigned (or a course to which ST 27.3 of Appendix Student applies); or
(b) Condition B:
(i) The applicant must be studying a full-time course of study at degree level or above with a higher education provider which has a track record of compliance; and
(c) Condition C:
(i) The applicant must be studying a full-time course of study leading to the award of a PhD with higher education provider which has a track record of compliance.
(ii) The Certificate of Sponsorship in SW 1.2(d) must have a start date no earlier than 24 months after the start date of that course.''.
The requirements for Global Talent Visa, High Potential Talent Visa and Innovative Founder Visa are more stringent, and only applicants who fulfil point 1 or 3 of the above conditions can complete the conversion from student visa to these 3 types of visas.
These are the highlights of this immigration rule update on the overseas student community.
There is no restriction on international students to stay in the UK after graduation. If they cannot immediately convert from a student visa to a work or business visa, they can still obtain a two-year stay on a Graduate Visa and look for work opportunities in the UK.
These measures are to prevent the misuse of student visas, work, or business visas, and to regulate the influx of immigrants to the UK. Additionally, they aim to enhance the overall quality of immigration.
Students undertaking advanced academic education and research in the UK will still be able to enjoy the right to bring their dependants with them, and the threshold between student and work/business visas will go some way to improving the quality of professional or business immigration.
Under the current criteria, if you wish to save time by completing a seamless transition from a student visa to a work or business visa to achieve permanent residence, we recommend you start your immigration pathway planning as early as possible.
The professional immigration team at Chan Neill Solicitors can provide you with the most suitable immigration solution based on your background. If you require any assistance, kindly reach out to us.
Immigration Case Studies
Sponsor licence granted for small-sized company in 10 working days.
Background of the case: The company is a small-sized education consulting company with only two full time employees. The company has been established for a long time and it is a stable and mature business. The business operation is relevantly small, and the company’s turnover is low (below the VAT threshold).
Chan Neill Solicitors assisted the company with accumulating the following information and documents to prove the stability of the company's business: business model, business profile and various business activities. In addition to explaining why the company needs overseas employees for its business and justify the necessity of applying for a sponsorship licence.
Based on the client’s needs, expedited service was successfully approved (this service is limited to 10 applications per day) and the company was granted a licensed sponsor under the Skilled Worker Route in 10 working days.
Recently the UK has introduced Global Business Mobility routes and High Potential Talent visas to attract overseas talent. To retain these talents, UK companies are still required to have a valid sponsor licence to provide workers with a work visa.
Tourist visa switched to Dependant visa in 2 working days
Background of the case: Mr Z and his spouse entered the UK as tourists in 2021. Due to the Covid restrictions, Mr Z could not return to his country. We assisted him in applying for an Exceptional Assurance (EA) extension before he must return to his country. An approved confirmation of EA was received with the validity date until July 2022 for Mr Z. In the meantime, we waited for his spouse to switch to a Skilled Worker visa to be granted as she was offered a position in the UK. After his spouse’s Skilled Worker visa was approved, Chan Neill Solicitors began to assist Mr Z’s to prepare for his Dependant as a Partner visa application.
Under the regulations and guidance from the Home Office, applicants are required to provide proof of address with their spouse for a period of two years as evidence that they living together. Mr Z were not able to provide the relevant documents for the past two years due to the following reasons first of all, they have not lived together for a long period of time, secondly previous accommodation documentations were not kept, lastly, they both entered the UK for a short period of time.
Since Mr Z were not able to fulfil the requirement of providing proof of address for the past two years. Alternatively, Chan Neill Solicitors advised Mr Z to compile the recent hotel reservations, travel confirmations and photos to be used as evidence showing they are living together and explained the reasons for Mr Z to apply for switch to a Dependant as a partner visa within the UK on the grounds of international travel restrictions. Mr Z attended his UK visa interview on a Friday and received the visa issuance email in two working days.
Typically, spouse visa or dependent visa applications requires several documentations as proof of relationship. Chan Neill Solicitors are able to advise and assist client’s based on their situation.
Our immigration advisors are focused on problem solving and are highly experienced in dealing with complex immigration issues. If you have any queries regarding immigration and/or visa, please contact us.
Tourist Visa change to Skilled Worker visa
Background of the case: The applicant entered the UK as a tourist in 2021. Due to the Covid restrictions, she could not return to her country. We assisted her in applying for an Exceptional Assurance (EA) extension before she must return to her country. An approved confirmation of EA was received with the validity date until May 2022.
The applicant was offered a position in the UK whilst she was waiting for her EA.
Under the regulations and guidance from the Home Office , anyone comes to the UK as a visitor, one can not switch visitor’s visa to a Skilled Worker Visa within the UK. The applicant must return to his or her original country to apply for a Skilled Worker Visa. If our applicant has returned to her original country, she would not be able to work for three to four months, however, her future employer wouldn’t be able to hold up the position for three to four months.
Chan Neill Solicitors assisted the applicant in booking English tests with different exam providers and got the English test results much faster than normal.
Whilst the applicant was preparing for the exams and waiting for the results, Chan Neill Solicitors completed the Sponsor’s Licence application for the employer, as well as prepared the client’s documents for the Skilled Worker Visa. In the application, we provided supporting documents showing the reasons that the applicant needed to switch tourist visa to the Skilled Worker Visa in the UK.
The Skilled Work visa application was submitted on 14th March and a super priority service for the applicant was selected (although the priority and super priority visa service were temporarily suspended by the Home Office during the time). The application was approved within three hours after the biometric information was collected on 22nd March.
We subsequently applied for the applicant's family dependant visa. The applicant's spouse and child got their visas in one week.
Chan Neill Solicitors believe every client, be they a multi-national corporate or a private individual, deserves faultless service standards. At Chan Neill Solicitors LLP, we understand the nuances of Asian and Middle Eastern cultures well. Across our team, we speak many languages including Mandarin and Cantonese, Gujarati, Russian, French, Korean and Spanish. With access to our solicitors at two locations, one in City and one in Mayfair, we cover a very broad spectrum of varying clients needs.
If you have any queries regarding immigration and/or visa, please contact us.
The Global Business Mobility Visa
The Global Business Mobility Visa
The Home Office recently have release new visa category – The Global Business Mobility Visa. The Global Business Mobility Visa is designed for overseas businesses seeking to establish a presence in the UK, or to transfer staff to the UK, for specific business purposes. The Global Business Mobility Route will open to new applicants on 11 April 2022.
The Global Business Mobility visas reformed and expanded on a number of existing business visas including the Representative of an Overseas Business Visa and the two types of Intra-Company Visas. There are five routes:
- UK Expansion Worker Route
- Senior or Specialist Worker Route
- Graduate Trainee Route
- Service Supplier Route
- Secondment Worker Route
The Global Business Mobility Visas will not lead directly to settlement in the UK. However, once in the UK, Global Business Mobility visa holders may be able to switch into other immigration routes that leads to settlement.
UK Expansion Worker Visa Route
The UK Expansion Worker Visa is to replace the Representative of an Overseas Business Visa. The UK Expansion Worker Visa can only be used when the business has not started trading in the UK. If the business is already trading in the UK, workers should apply for the Senior or Specialist Worker Route.
The visa is for overseas senior managers and specialist employees looking to undertake temporary assignments related to the expansion of their businesses in the UK.
UK Expansion Worker Visa applicants need to be currently working outside of the UK for a business that is linked to their UK sponsor group for a cumulative period of at least 12 months, unless they will be working in the UK as a high earner earning at least £73,900 per annual or as a Japanese national seeking to establish a UK branch or subsidiary under the UK-Japan Comprehensive Economic Partnership Agreement.
Applicants will need to have a valid Certificate of Sponsorship for the job they’re proposing to do, issued by an employer that’s authorised by the UK Home Office to sponsor a UK Expansion Worker.
Applicants will also need to have an eligible job at or above an appropriate minimum skill level, with a salary of at least £42,400 per annual or the ‘going rate’ for that job, whichever is higher.
The UK Expansion Worker Visa is not a route to settlement. If successful, permission will be granted for one year at a time, and up to two years in total. Applicants, however, may be able to switch to another route.
Senior or Specialist Worker Visa
Senior or Specialist Worker Visa is to replace the Intra-Company Transfer Visa, it will open on 11 April 2022. The Senior or Specialist Worker Visa is designed for senior managers and specialist employees undertaking a temporary assignment in the UK. The UK company needs to be linked by common ownership to the overseas employing company.
The applicant needs to have worked outside the UK for the linked business for a cumulative period of at least 12 months, unless the applicant is a high earner earning £73,900 or more per year. The Sponsor of the Senior or Specialist Worker Visa must be listed as A-rated company on the Home Office’s register of licensed sponsors. The applicant’s Certificate of Sponsorship (CoS) must have been issued no more than 3 months before the date of the applicant’s Global Business Mobility – Senior or Specialist Worker Visa application.
The job needs to be genuine and the salary needs to be more than £42,400 per year or the “going rate” for the job, whichever is higher.
The applicant needs to have enough funds without relying on public funds for support and have a valid TB certificate if required.
The Senior or Specialist Worker Visa does not lead directly to settlement in the UK. However, applicants may be able to switch into another immigration route which leads to settlement.
Dependent partner and dependent children can apply for this route.
Graduate Trainee Route
Graduate Trainee Route is to replace the Intra-Company Transfer Graduate Trainee Route. The Global Business Mobility – Graduate Trainee Visa is designed for workers on a graduate training course leading to a senior management or specialist position, and are required to do a work placement in the UK. The Graduate Trainee Route will open on 11 April 2022.
The Graduate Trainee Visa Route does not lead directly to settlement in the UK. However, applicants may be able to switch into another immigration route which leads to settlement.
Dependent partner and dependent children can apply for this route.
The applicant needs to have worked outside the UK for a business for at least three months before the date of your visa application. The overseas business and the UK sponsoring company are needed to be linked by common ownership or control, or by a joint venture.
The job sponsoring is genuine and the salary is no less than £23,000 per year or 70% of the “going rate” for the job, whichever is higher.
The applicant needs to have enough funds without relying on public funds for support and have a valid TB certificate if required.
The Sponsor of Graduate Trainee Route must be listed as A-rated company on the Home Office’s register of licensed sponsors. The applicant must have a valid Certificate of Sponsorship (CoS) for the job you are planning to do, and your Certificate of Sponsorship (CoS) must have been issued no more than 3 months before the date of the applicant’s Global Business Mobility – Graduate Trainee Route application.
Service Supplier Route
The Service Supplier route is for contractual service suppliers employed by overseas service providers, or self-employed independent professionals based overseas, looking to undertake temporary assignments in the UK to provide services covered by a UK international trade agreement.
This route is to replace the contractual service supplier and independent professional provisions under the Temporary Work – International Agreement route. The service Supplier Route will open on 11 April 2022.
Service Supplier Visa applicants will need to be currently working as or for an overseas service provider that will provide services to their UK sponsor and have worked as or for the overseas service provider outside the UK for a cumulative period of 12 months.
The applicant must have a valid Certificate of Sponsorship (CoS) for the job they’re proposing to do, issued by an employer that’s authorised by the UK Home Office to sponsor a Service Supplier. The UK sponsor must have a relevant Home Office registered contract with an overseas service provider on which the applicant will work in the UK.
Applicants will not need to satisfy a salary requirement but the job is required at or above a minimum skill level, or applicants have a university degree or equivalent level technical qualification and experience meet the nationality requirement for a Service Supplier.
Applicants need to be a national of the country or territory in which the overseas service provider is based; or where the service that you will provide is covered by a commitment in the General Agreement on Trade in Services and your employer is established in a country or territory that has made a notification under Article XXVIII(k)(ii)(2) of that agreement, a permanent resident of that country or territory; or where the service that you will provide is covered by a commitment in the Temporary Agreement between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland on Services Mobility, a permanent resident of Switzerland; or where the service that you will provide is covered by a commitment in the United Kingdom-European Union Trade and Cooperation Agreement, a national of any Member State of the European Union or any other person included in the definition of “natural person of a Party” for the European Union in Article 512(k) of that agreement; or where the service that you will provide is covered by a contractual service supplier commitment in the CARIFORUM-United Kingdom Economic Partnership Agreement, a national of any CARIFORUM State that has provisionally applied or brought into force that agreement.
Permission will be granted for either the time given on the Certificate of Sponsorship plus 14 days, the length of time that will take the applicant to the maximum time period allowed in the category or the maximum single assignment period of either 6 months or 12 months.
Applicants under Global Mobility Visa – Service Supplier Route will be able to extend your stay in the UK up to a maximum period of 5 years in any 6 year period.
The Service Supplier Route does not lead directly to settlement in the UK. However, applicants may be able to switch into another immigration route which leads to settlement.
Dependent partner and dependent children can apply for this route. Access public funds are not permitted.
Secondment Work Route
The Secondment Work Visa is designed for overseas workers who wish to be temporarily seconded to the UK by their overseas employer as part of a high value contract or investment. The Secondment Worker route will open on 11 April 2022.
Applicants need to be currently working for an overseas business that has a contract with UK sponsor which has been registered with the Home Office. The applicants need to have worked outside the UK for that overseas business for a cumulative period of at least 12 months.
The Certificate of Sponsorship (CoS) will need to have been issued by a UK-based business that is authorised by the Home Office to sponsor a Secondment Worker. The UK-based business must be listed as A-rated on the Home Office’s register of licensed sponsors, unless you were last granted permission as a Secondment Worker and are applying to continue working for the same sponsor as in your last permission.
The job needs to be genuine and at an appropriate skill level. The applicant needs to have enough funds without relying on public funds for support and have a valid TB certificate if required.
The Certificate of Sponsorship must have been issued not more than 3 months before the date of your Global Business Mobility – Secondment Worker Visa application.
The Secondment Worker Route does not lead directly to settlement in the UK. However, applicants may be able to switch into another immigration route which leads to settlement.
Dependent partner and dependent children can apply for this route. Access public funds are not permitted.
If you have any further questions about the personal immigration routes or business immigration routes or any other visa related queries, please contact our immigration team. We speak many other languages including Mandarin, Cantonese, Gujarati, Portuguese, Korean etc. With access to our solicitors at two locations, one in City and one in Mayfair.