Rebecca Tester, Gateley Legal
It has certainly been an action-packed 12 months in the world of immigration. With several changes in political leadership, UK immigration is set to stay firmly on the political agenda for 2023.
Continued digitalisation of immigration system
The UKVI first published its ‘New Plan for Immigration for Legal Migration and Border Control’ in May 2021 and is continuing its efforts under this plan to fully digitalise the immigration system by the end of 2024. 2022 saw many applicants receive an e-Visa status instead of a physical BRP/visa, and this trend will continue throughout 2023.
With BRP cards being phased out completely by the end of 2024, it is more important than ever for businesses to have robust processes in place to ensure they are checking and capturing the right to work of their employees correctly.
Electronic Travel Authorisation (ETA) scheme
Many of you will be familiar with the US ESTA, and similar schemes for Canada, Australia and New Zealand. From January 2023, we’ll see the roll-out of the UK’s equivalent scheme, with full implementation expected by the end of 2023. We are also expecting to see the EU launch their own travel authorisation scheme towards the end of 2023.
The aim of the ETA scheme is to further strengthen the UK border, allowing the UKVI the ability to more easily track overstayers and hold more information on who is travelling into the UK.
This is not a visa application in the traditional sense; it is simply a digital authorisation allowing visa-exempt travellers (non-visa nationals) to visit the UK. All non-British and non-Irish nationals (such as US, EEA, Australian and Canadian nationals), will need to apply under the ETA scheme before visiting the UK.
It will not apply to those who require a visa prior to travel to the UK (visa nationals), or those who already hold UK immigration permission (for example work visa holders, student visa holders, and those with status under EUSS).
It would be a good idea for businesses to ensure that those who do travel frequently for business purposes are aware of the new scheme to minimise any risk of disruption to travel plans.
Immigration skills charge exemption for certain EU nationals
In a welcomed cost-saving for some sponsors, the Government announced that from 1 January 2023 the Immigration Skills Charge will not be payable for sponsored workers entering the UK under the Scale-Up route, or overseas employees transferring to the UK under the Global Business Mobility Senior or Specialist Worker visa for no more than 36 months.
The exemption applies where the employee is an EU national (or Latvian non-citizen), but does not extend to those from Iceland, Norway, Liechtenstein and Switzerland.
Improvements to the Innovator visa
In February 2022 the UKVI abolished the Tier 1 Investor visa with immediate effect, and following this closure, the UK government indicated that it would look to make amendments to the Innovator visa in Autumn 2022 to bridge the gap left by its closure. Unfortunately, these reforms were not forthcoming, and so we can potentially expect to see these changes tabled for 2023.
Changes to the Life in the UK Test
Since 28 October 2013, all those applying for permanent settlement in the UK or naturalisation as a British citizen are required to meet the knowledge of life in the UK requirement by passing the Life in the UK test.
The Justice and Home Affairs Committee of the House of Lords published a letter back in July 2022 calling for urgent review of the Life in the UK test, criticising it as being not fit for purpose and needing reform urgently. What this reform will look like and when this will happen is unclear at this stage.
Final thoughts
With the latest net migration figures confirmed at a record-breaking figure of 504,000, we’re likely to see a continued political focus on immigration in 2023.
The current Home Secretary, Suella Braverman, has already revived the Conservative pledge to reduce net migration to the tens of thousands and has tabled plans which include reducing the number of foreign students coming to the UK and making it more difficult for them to bring their partners/dependants.
What remains to be seen is whether the net migration target is achievable given the well reported labour shortages in many industries and the UK being widely expected to be in recession throughout all of 2023.
Despite this, the Government’s approach is likely to focus on maintaining highly skilled and educated migration into the UK, so for now, businesses can rest assured that there will be visa options available to allow them to attract and secure talent from overseas.