UK Government’s White Paper: Restoring Control over the Immigration System

We have set out some of the key proposals in further detail below.

Work immigration

Skilled Workers

The skill threshold for the Skilled Worker route is being restored from RQF level 3 (A-level equivalent) to RQF level 6 (graduate) and above, as it was prior to 1 December 2020. This change would result in the number of eligible occupations reduced by around 180 occupations.

Salary thresholds will also increase. While the current thresholds are calculated based on the median salary for eligible occupations, the White Paper does not clarify how the new thresholds will be calculated. The Migration Advisory Committee (MAC) is to review the salary requirements.

These changes will not apply retrospectively, meaning individuals who already hold leave in this route will likely be subject to transitional arrangements, rather than the new rules.

Immigration Skills Charge

For the first time since it was introduced in 2017, the Immigration Skills Charge is going to be increased to bring the charge in line with inflation. The charge will increase by 32%, and when combined with other rising Home Office fees (and combined with the recent restrictions on recovering costs from sponsored workers and the impact of the below settlement proposal causing sponsorship to continue for 10 years), may make the Skilled Worker route non-viable for an increasing proportion of British businesses.

Health and Care Workers

Following the ongoing concerns about the increase in migration under this route, the low skill level, and the exploitation in the sector, the Health and Care Worker visa will be closed for new applications made from abroad.

A transition period will be enforced until 2028 (although kept under review) which will allow existing visa holders to renew or switch to a different visa route in-country, but no new applications into the route will be permitted.

Labour Market Evidence Group

A new Labour Market Evidence Group (LME Group) is to be established, which will consist of the Industrial Strategy Advisory Council, the Department for Work and Pensions, Skills England (and equivalent in devolved governments) and the Migration Advisory Committee. The role of the LME Group is to gather and analyse data on workforce needs, training levels, and domestic employment participation.

As an example, the Government has clarified that ‘over time, RQF 6 and above occupations should not necessarily have guaranteed access to the Points-Based immigration system where there is evidence of over reliance on international workers.’ The LME Group will make recommendations as to workforce plans and strategies for areas within the RQF 6 qualification level that are experiencing labour market issues. Over time, the MAC will review the progress of these strategies to determine if additional restrictions are necessary. This approach aims to further reduce net migration while enhancing skills, productivity, and growth within the UK.

Sponsor compliance

Further reforms will be introduced to the sponsorship system, putting more responsibility and accountability on effective and responsible sponsors. This will include exploring making it easier for workers to move between licensed sponsors for the duration of their visa, giving them more control over who they work for and reducing the risk of exploitation.

Temporary Shortage List

The Immigration Salary List is to be abolished. A Temporary Shortage List will be established to grant time-limited access to the Points-Based System for occupations facing long-term shortages below the RQF 6 level. Only occupations with a proven, ongoing need, as verified by evidence and confirmed by the MAC, will qualify for inclusion. This list aims to ensure that overseas recruitment is used as a temporary measure, rather than a permanent solution to persistent gaps.

Other work routes

The paper also seeks to increase immigration for the ‘very highly skilled’ to contribute to UK growth in strategic industries. In line with this aim, the Government proposes the following:

• The Innovator Founder visa is to be reviewed to ensure it supports entrepreneurial talent currently studying at UK universities to move into the visa.
• There will be increased places for research interns, including those working in Artificial Intelligence.
• The Global Talent visa will be made ‘simpler and easier for top scientific and design talent’.
• The number of workers that an overseas business can send to the UK under the UK Expansion Worker route with the aim of establishing a presence in the UK will be doubled.
• The number of qualifying institutions under the High Potential Individual route will be doubled.

Right to work scheme

Sponsors will now be required to extend their right to work checks to cover non-employees under a 'worker's contract' such as agency workers, sub-contractors etc.
The change will cover situations in which there is no contractual relationship between the business and the worker, but the worker provides work or services for the business, even if the business is unaware that the worker is doing so.

Study immigration

To strengthen the Student routes and combat exploitation of the system, the paper has proposed a number of changes to the Student route, including:

• Increasing the minimum pass threshold for each Basic Compliance Assessment (BCA) metric by five percentage points—for example, requiring a course enrolment rate of at least 95% and a course completion rate of 90% in order to pass the compliance threshold.
• Introducing a new Red–Amber–Green banding system to assess and publicly indicate the compliance performance of sponsoring institutions.
• Imposing interventions for sponsors who are close to failing their BCA metrics, including the development of personalised action plans to improve compliance and imposing restrictions on the number of new international students that can be recruited while under review.
• Requiring that all sponsors intending to use recruitment agents for overseas students must sign up to the Agent Quality Framework to ensure the highest standards of agent management.
• Establishing a framework that requires sponsoring institutions to demonstrate consideration of local impacts when planning for future international student recruitment.
• Conducting a review of the Short-Term Study accreditation bodies to ensure robust processes and determine whether additional checks are needed both before accreditation and upon its renewal.
• Reducing the duration for which graduates may remain in the UK after completing their studies to 18 months.
• Exploring the introduction of a levy on higher education provider income from international students, with the intention of reinvesting the funds into higher education and skills-enhancement initiatives.

English language requirements

New English language requirements will be introduced across a broader range of immigration routes, applying to both main applicants and their dependants. These changes aim to improve integration of overseas nationals in the UK.

These reforms include increasing the language proficiency standard for Skilled Workers and others currently subject to the requirements from the Common European Framework for References for Languages (CEFR) level B1 (intermediate user) to B2 (independent user).

In addition, a new English language requirement will be introduced for all adult dependants of workers and students, setting a minimum threshold at CEFR level A1 (basic user). To demonstrate the improvement in their English language skills, dependants will be required to meet an increased minimum threshold of level A2 (basic user) at the visa extension stage and level B2 at the settlement stage.

Settlement and citizenship changes

The standard qualifying period for settlement in Points-Based System routes (such as, the Skilled Worker route) will increase from 5 years to 10 years. The proposal will only impact those on a Points-Based System route. Other immigration routes, such as family applications under Appendix FM, will remain unaffected and subject to the five-year qualifying period, provided they meet the other requirements for settlement. There will also be additional protections for vulnerable groups (including settlement rights for victims of domestic violence and abuse).

Individuals may be permitted to reduce the qualifying period for settlement based on ‘points-based contributions to the UK economy and society.’ There will be a consultation on this later in 2025 and so it is expected these changes will not come into force until early next year.

The reforms may also include aligning citizenship with the earned settlement approach, including increasing the standard qualifying period for citizenship and allowing individuals who make significant contributions to qualify sooner.

Additionally, changes will be made to the Life in the UK test and how it operates as part of the citizenship reforms.

It is unlikely we will have further information on what this will look like in practice, including whether these changes will apply retrospectively, until after the consultation at the end of the year.

Family immigration

A new family migration policy will be introduced by the end of the year that covers all UK residents – including those who are British, settled, on work routes or refugees – who wish to bring their family members to the UK. The proposed changes seek to tighten the Rules on family routes and combat abuse of the system.

The proposals aim to:

• Establish clear relationship requirements to ensure that only individuals in genuine, subsisting relationships qualify.
• Reduce forced marriages and protect victims of domestic abuse.
• Ensure those coming to the UK have the appropriate level of English language skills to be able to integrate into local communities.
• Ensure that families have sufficient funds to support migrants by reviewing and extending the financial requirements to other dependant routes.
• Provide specific protections for the dependents of current and former members of HM Armed Forces, safeguarding their rights to reside in the UK and access British citizenship in line with the Armed Forces Covenant.
• Explore tightening suitability rules on family routes to ensure that only individuals of good character are eligible.

In addition, in response to the increasing number of applications based on ‘exceptional circumstances’, the Home Office intends to introduce legislation related to Article 8 and ‘exceptional circumstances’ as follows:

• Strengthen the public interest test, emphasising Parliament's control over the country's borders and balancing individual family rights with the wider public interest.
• Clarify Article 8 rules and specify their application across different immigration routes, reducing the number of cases treated as 'exceptional'.
• Define when and how a person can genuinely make a claim based on exceptional circumstances.

Finally, the White Paper outlines upcoming measures to enhance immigration enforcement, counter abuse of the system, and accelerate the digitalisation of visa and compliance processes.

Conclusion

The White Paper aligns with the government's goal of tightening immigration controls, which will inevitably affect many businesses. While the proposals are substantial, the lack of specific details makes it difficult to fully advise on their impact yet.

A key concern is the extension of the qualifying period for settlement from 5 to 10 years, clarifying that settlement is ‘a privilege, not a right’. The concept of ‘earned settlement’ may allow a faster route to settlement based on contributions to the UK economy and society, making the Points Based System accessible to only highly skilled and highly paid individuals.

Simultaneously, it may discourage skilled individuals from coming to the UK, given they will be in a temporary and precarious situation for such a long time.

This will additionally increase costs for both individuals and businesses. Along with the 32% increase in the Immigration Skills Charge, other Home Office fees, and restrictions on recovering costs from sponsored workers, the Skilled Worker route may become unfeasible for many British businesses, with a particular impact on the growth of certain sectors, regional companies, and small and medium businesses.

On a positive note, there is potential for growth through the White Paper’s plans to increase the number of individuals coming to the UK on the 'very high talent routes'. This may improve access to the Global Talent, the Innovator Founder, the Expansion Worker and High Potential Individual routes.

The proposed reforms mark a substantial shift in the UK’s immigration landscape, with profound implications for employers, educational institutions, and migrants themselves. We will continue to track developments closely and provide timely guidance as the policies are refined and implemented.