Increases to visa fees for Skilled Workers
On January 16 the Home Office announced it would be increasing visa fees in a number of areas.
The main fee increases will include:
- Certificate of Sponsorship (CoS) fees: it is proposed that this will be is increasing from £239 to £525. This is a cost that has to be paid by the employer and cannot be paid or passed on to the migrant worker.
- Naturalisation as a British citizen: the naturalisation fee is increasing from £1,500 to £1,605.
- Electronic Travel Authorisation (ETA): the ETA is a pre-travel security clearance for visitors to the UK (and is the UK’s equivalent of the US ESTA). The ETA fee is increasing from £10 to £16.
The date of the implementation of the fee changes is still to be confirmed.
The increase in fees is forecast to generate an additional £269 million a year for the Government.
Family visa financial thresholds being reviewed
The Migration Advisory Committee (MAC) is in the process of reviewing the financial requirements for family visas in the UK in order to understand more about the requirements and their impact. This financial requirement applies to spouses and children of British nationals or those holding Indefinite Leave to Remain status.
This MAC review includes the Minimum Income Requirement (currently £29,000 per annum) and the Adequate Maintenance test as the MAC is assessing whether the current requirements are meeting their intended objectives.
The review is planned to take nine months and be completed by spring 2025 and may lead to changes to both the Adequate Maintenance and Minimum Income Requirement test. A request for evidence has been made encouraging respondents to share evidence of the impact the financial threshold has on families.
Further updates are expected in due course.
Clarification regarding fees eligible to claw-back from employees
UK Visas and Immigration (UKVI) have now amended their guidance ‘Workers and Temporary Workers: guidance for sponsors’ to include confirmation under paragraph SK11.11 that Certificates of Sponsorship assigned on or after 31 December 2024 cannot have part or all of the associated costs recouped from any workers being sponsored on your sponsorship licence.
Sponsors found to be in breach of this rule may face revocation of their Sponsorship Licence.
We advise that you contact our Employment Law Team to discuss any clawback provisions you may already have in your employees contracts of employment to ensure that you are compliant with this rule or to take urgent action to rectify any claw-back provisions which make reference to clawing back certificate related costs.
Reminder to apply for an e-visa
On the 31 of December 2024 all Biometric Residence Permits (BRP) expired for those with visa permissions valid beyond this date, as the UKVI continue in their drive to digitalise the UK immigration system
The UKVI have heavily publicised guidance as well as contacting visa holders directly to advise them that they need to set up an online electronic visa account (e-visa) in order to view and prove their visa status from 1 January 2025 onwards.
As previously advised in our update last month, visa holders who have not already set up their e-visa should now take urgent steps to create a UKVI online account with their current immigration permission document and are recommended to do so prior to any further international travel.
Whilst there is currently interim arrangements with travel providers to enable travel with the expired BRP cards until March 2025, it’s advisable to avoid disruption to travel to have followed the electronic registration process.
How to register
Registration is free of charge and spouses, partners and children will all need to create their own UKVI online account. This step must be taken before any international travel otherwise travellers may experience issues with re-entering the UK in the absence of an e-visa linked to their passport.
To set up the account, the person will need access to an email address and a mobile phone (as they will be sent security codes to complete the set up), their current passport and BRP or visa application number (Unique Application Number, Global Web Form, or GWF/UAN number, which would be in the approval email or letter).
It also involves verifying their ID via the ‘UK Immigration ID Check’ app, which can be downloaded and used on eligible mobile phones. The e-visa will then be linked to the UKVI online account. Currently this can take a few days, however, in some rarer cases it can take several weeks, so it is important for visa holders to set this account up as soon as possible if they have not already done so.
Visa holders should register for their e-visa via this link: https://www.gov.uk/get-access-evisa
Right to Work checks
Employers can be reassured that it’s not necessary to re-do Right to Work checks due to the BRP card expiry – you are still able to rely on the digital share code results confirming right to work that you will already have on file.
Please contact us if you have any questions or concerns in relation to the process.
Youth Mobility Scheme ballot re-opening shortly
The first ballot of the 2025 Youth Mobility Scheme will be open from 12:01am on Tuesday 4 February 2025 and will close at 12:01am on Thursday 6 February 2025.
Those from Hong Kong (with an SAR passport) or Taiwan who wish to apply for a Youth Mobility Scheme visa must enter the ballot by sending an email to the relevant email address – there is only one ballot entry per person. Those who are successful in the ballot will receive an email by 11 February 2025 and will be given a 90-day period to submit a visa application, pay the relevant visa fees and attend a biometric enrolment appointment at a local application centre.
Those with successful applications will have a 90-day period in which to enter the UK and their visa will be valid for a two year period.
Unsuccessful applicants in the ballot will receive an email within two weeks of the ballot closing and will not be able to appeal against the decision as the results are final, however future ballots can be entered.
British overseas citizens, British overseas territories citizens or British national (overseas) citizens and Japanese and South Korean nationals no longer are required to enter the ballot and can instead apply directly on the Home Office website for a Youth Mobility visa.
The second ballot is expected to open in the Summer, with exact dates TBC.
Change to LANGUAGECERT approved English test for visa applications
As of 1 January 2025 the usual LANGUAGECERT ESOL SELT 4 skill English language test has been replaced by LANGUAGECERT Academic SELT and LANGUAGECERT General SELT tests instead.
Those who already have the four skill test prior to 1 January 2025 will still be able to rely on it for future visa applications which require proof of English language as it is valid for a two-year period.
It is imperative to ensure the correct test at an approved test centre is being provided in support of a visa application and at the correct required level, otherwise this can lead to a visa refusal or on a delay on the visa application.
Please contact us if you have any questions relating to this.
Reminder – UK Electronic Travel Authorisation (ETA) update
The UK started to introduce its Electronic Travel Authorisation (ETA) scheme in 2023. It applies to visitors, who until then, did not have to apply for a physical UK visit or transit visa before coming to the UK. The scheme requires travellers to apply for security clearance before they set off on their travels. This includes children of any age. It is advisable to apply for the ETA in good time before travel is required.
The scheme currently applies to Quatar, Bahrain, Kuwait, Oman, Saudi Arabia, United Arab Emirates and the following countries for travel on or after 8 January 2025:
Antigua and Barbuda | Grenada | Mexico | Singapore |
Argentina | Guatemala | Micronesia | Solomon Islands |
Australia | Guyana | Nauru | South Korea |
The Bahamas | Hong Kong | New Zealand | St Kitts and Nevis |
Barbados | Israel | Nicaragua | St Lucia |
Belize | Japan | Palau | St Vincent and the Grenadines |
Botswana | Kiribati | Panama | Taiwan |
Brazil | Macao | Papua New Guinea | Tonga |
Brunei | Malaysia | Paraguay | Trinidad and Tobago |
Canada | Maldives | Peru | Tuvalu |
Chile | Marshall Islands | Samoa | USA |
Costa Rica | Mauritius | Seychelles | Uruguay |
From 5 March 2025 the following remaining nationals will need to obtain an ETA for travel to the UK on or after 2 April 2024:
Andorra | Finland | Lithuania | San Marino |
Austria | France | Luxembourg | Slovakia |
Belgium | Germany | Malta | Slovenia |
Bulgaria | Greece | Monaco | Spain |
Croatia | Hungary | Netherlands | Sweden |
Cyprus | Iceland | Norway | Switzerland |
Czechia | Italy | Poland | Vatican City |
Denmark | Latvia | Portugal | |
Estonia | Liechtenstein | Romania |
It is important for businesses to factor this extra step into any planning for business trips to the UK. While most ETAs will be approved almost instantly some may take longer, which can affect the travel timeline.
Please contact us if you have any questions or concerns as to how these changes may impact any upcoming business travel you have.
MP’s back EU-UK Youth Mobility Scheme
Until now the Government has been hesitant to commit to consideration of establishing a youth mobility scheme visa with the EU. In an apparent softening of this position MPs have now backed a ten-minute rule bill calling for the creation of a youth mobility visa between the UK and EU. If approved, this could give young people the right to live and work in the EU or UK respectively, without restriction, typically for a period of two years.
The UK has an established youth visa with a number of other trade partner and commonwealth countries – typically the visa allows two years’ residence for anyone under the age of 30 or 35 (depending on their nationality). We are now expecting a formal bill to be brought before parliament for consideration.
If approved this could be a huge boost for sectors struggling to recruit, in particular for the hospitality sector and those that struggle due to lack of freelance options such as the creative industries.
Prime Minister announces visa changes to encourage AI
On 12 January the Prime Minister announced a blueprint to ‘turbocharge’ AI in the UK. The report recognised that there is currently a skills shortfall and there is due to be consideration as to whether the High Potential Individual visa should be reviewed/expanded to include the list of eligible education institutions to be broadened to include AI specialist centres of educational excellence. For example, Carnegie Mellon University in the USA and the Indian Institutes of Technology are not currently on the approved list of universities.
The Action Plan states “Government should take steps to develop new pathways, and strengthen existing ones, to support these graduates. It should also explore how best to address wider barriers like the cost and complexity of visas which create obstacles for startups and deter overseas talent from re-locating to the UK.”
Further consultation is expected in due course before announcements/policy changes are made.
Home Office announce imminent white paper on migration
The Home Office has announced that a “big migration white paper is due shortly”. The paper is due to be wide ranging looking at issues including:
- how we deal with integration
- the shortfall in skills
- how to speed up asylum processing
- housing of asylum seekers in hotels
- how we deal with asylum issues generally
- all the questions that are dealt with in the family reunion Bill
- how we create a wider five-year plan.
The white paper review of the Skilled Worker route is set to be ‘narrow’ with a focus on cutting bureaucracy and speeding up visa processing
A common certificate of sponsorship for the care sector?
In parliament last week there was some debate as to the merits of moving towards a system of common sponsorship, rather than the current system where the worker’s visa is tied to their employer.
This debate arose in the context of the care sector where there is a lot of concern regarding migrant staff welfare and unscrupulous employers leaving individuals without work and in breach of their visa conditions and at risk of destitution and deportation.
Neil Duncan-Jordan MP stated “Workers are fearful of raising concerns about employment practices, because they know that the same employers can remove their visa sponsorship. Unscrupulous employers can use the threat of removal to a care worker’s home country to victimise migrant workers who whistleblow or complain about their treatment.”
The GLAA has identified that 60% if all reports of labour exploitation are from the care sector.
The Home Office has not yet commented as to whether this proposal is under consideration.
ETA airside transit exemption
Following feedback from airlines and airports, the Government has agreed a temporary exemption from the ETA registration requirements for passengers who transit airside, and therefore do not pass through UK border control. This change is effective from Thursday 16 January 2025
This move will primarily affect Heathrow and Manchester airports (the only UK airports which currently offer transit facilities). The exemption will be kept under review.
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at January 2025.