Following record immigration figures, it has been reported that the government may look to tighten up some immigration routes with an aim to reduce net migration.
Meanwhile, employers are continuing to struggle to recruit for UK based roles. These competing interests should make for an interesting 2023. We look ahead to what might change.
Evolution of the Points Based System
The Scale Up Worker visa route launched in August 2022 and the government has also indicated that it plans to simplify the family, private life and settlement routes. Applicants trying to apply for visas may be heartened to hear that the government intends to have a streamlined system, including simpler guidance and a digital application process.
Employers will be keen to see if this comes to fruition to ensure that the sponsorship and onboarding process of new hires is as seamless as possible. Specific improvements to the sponsor process have been identified and planned for the year ahead, including:
- Improvement to the individual application process with work details pre-populated
- Improvements to the sponsor management system and quicker decisions
- Automatic checks on employers applying to become sponsors to make the process easier and simplify evidential requirements.
These changes have previously been delayed due to lack of resources at the Home Office so despite them being planned for 2023, there could be further delays.
Tightening of immigration routes
The Home Secretary was reported over the festive break as indicating that some immigration routes will be tightened, including potentially raising the financial requirement for a person to bring a spouse to the UK and limiting the number of international student visas. Both suggestions are controversial and employers should keep abreast of any changes as it may affect their recruiting plans, particularly if they rely on recruiting students or individuals who are likely to need to also bring dependants.
UKVI visits and the need for compliance
UK Visas and Immigration (UKVI) has indicated that more compliance visits will be taking place, meaning sponsors must be aware of their duties and obligations and ensure they are up to date with records and reporting. Employers may find it useful to carry out an audit of their sponsor licence and sponsored employees in advance of any potential visit by UKVI.
Up-to-date Right to Work checks
In 2021, due to the pandemic, the government introduced a temporary concession to right to work checks, allowing employers to carry out checks via video call and accept scanned or photographed documents. This concession ended on 30 September 2022. Additionally, from April 2022, online checks were required in place of checking an individual’s biometric card.
Employers should ensure they are aware of the latest requirements on right to work and adjust their recruitment processes accordingly. In particular, employers should be aware that digital checks are now predominantly required for individuals who would have previously relied on a physical biometric card. Employers and HR professionals should ensure all staff dealing with recruitment are aware of the changes and know what documents are acceptable.
