Looking beyond the headlines: Understanding the UK’s Immigration White Paper

The government’s immigration white paper outlines substantial reforms to the UK’s immigration system, but are they really cause for concern for those looking to move to or remain in the country? And what should employers be thinking about when it comes to accessing international talent?

On 12 May 2025, the UK government released its immigration white paper, titled ‘Restoring Control Over the Immigration System’, outlining significant reforms. The Labour administration, led by Prime Minister Keir Starmer, aims to reduce net migration by 100,000 annually, by imposing stricter conditions for visa eligibility and shifting immigration access to a ‘contribution-based’ framework.

These immigration reforms have already led to significant public concern and media coverage. But while the changes have sparked alarm, it’s important to note that these are currently only proposals and not yet confirmed policies, and as such are subject to change and not yet enacted by Parliament.

In addition, these proposals will require rule changes and, in some cases, new legislation. The legislative process means that these proposals may take a considerable amount of time to pass through Parliament, particularly as they are likely to be strongly debated. The exact date for their implementation (if confirmed) is therefore unknown, and certainly not imminent.

It is also important to note that previous governments have suggested equally radical changes over the years, some of which get “adjusted” in less media-seeking ways. For example, we have already had changes to salary thresholds and qualification requirements.  Many of these changes come full-circle over time.  Interestingly too, many policy changes are simply introduced without the need for primary legislation, and changes can and are made regularly and without making headline news.

Key changes proposed

Skilled Worker isa reforms

  • Qualification requirements: The skill threshold for Skilled Worker visas is to be raised, restoring it from RQF Level 3 (A level equivalent) back to its pre-Brexit position, RQF level 6 (graduate level). This means that applicants will need to hold a university degree or equivalent to apply for a Skilled Worker visa. Roles below this skill level must be on the Temporary Shortage Occupation List, subject to sectoral review to qualify for sponsorship.
  • Salary threshold: A new, higher salary threshold is proposed, with consultations ongoing.
  • Immigration Skills Charge: this will increase by 32%, bringing it in line with inflation. Despite requests from business, there is no reinvestment or visibility of how ISC funds are used.
  • Immigration Salary List: this is to be abolished and the Migration Advisory Committee (MAC) is to undertake a review of salary requirements.
  • Domestic talent: Employers will be incentivised to invest in boosting domestic talent. Employers who fail to invest in skills training for the resident workforce may be restricted from sponsoring overseas workers.

Graduate Route Adjustments

  • Visa duration: The Graduate visa will be reduced from two years to 18 months.
  • Dependants: Restrictions on bringing dependants during this period will be implemented.
  • High Potential Individual (HPI) route: There is a proposal to expand the HPI route to allow graduates of world-leading overseas universities to work in the UK.

Social Care and lower skilled work

  • Care Worker Visas: New applications for care worker visas will be closed, though existing visa holders will benefit from transitional arrangements and may renew or switch visas during a transitional period.
  • Sponsorship for lower-skilled roles: This will be time-limited, may be subject to a cap and will only be permitted for occupations where:
    • the MAC has advised it is justified
    • there have been long-term shortages
    • there is a workforce strategy in place and
    • employers wanting to recruit from abroad are committed to increasing recruitment from the domestic workforce.

English Language

  • Language proficiency: There will be increased English language requirements for all visa categories. Level B2 will be required for all main applicants and dependants must meet A1 and progress for settlement. Existing settlement language requirements would be increased across most immigration routes from level B1 to level B2 (Independent User).

Settlement, also known as Indefinite Leave to Remain (ILR)

  • Time required to obtain ILR: The time required to attain settled status will double from five to ten years. A fast-track route under a contribution-based model is being considered.
  • A shorter pathway to settlement: This will remain for non‐UK dependants of British citizens, maintaining a five‐year qualifying period provided compliance with established requirements is demonstrated, along with safeguards for vulnerable groups (including settlement rights for victims of domestic violence and abuse).

Citizenship

  • Changes to the Citizenship process will mirror the new settlement pathway as outlined above
  • Life in the UK test: The current Life in the UK test will be reviewed and ‘refreshed’.

Family Route

  • Requirements will be imposed so that incoming family migrants must demonstrate an appropriate level of English language proficiency.
  • The financial requirements under Appendix FM will be extended to other dependant routes.
  • Article 8 of the Human Rights Act (the right to a family and private life) discretion will be narrowed
  • Clarification will be made to the Article 8 rules to set out how they should apply in different immigration routes so that fewer cases are treated as “exceptional”, and to set out when and how a person can genuinely make a claim on the basis of  “exceptional circumstances”.

Enforcement

  • Visa revocation powers will be expanded to cover non-custodial convictions; and increased compliance activity is to be expected.

Conclusion

The white paper represents a significant shift in UK immigration policy, focusing on reducing net migration and prioritising high-skilled workers. While some sectors may benefit from streamlined processes, others, particularly in healthcare and education, may face challenges due to the proposed changes. The government’s approach reflects a balance between controlling immigration and addressing sectoral needs, though its long-term impact remains to be seen.

Whilst the headlines may have suggested cause for concern, it important to note that these proposals are not yet confirmed policies. There will be time for both employers and individuals to plan ahead as the proposed changes make their way through Parliament.  

In a similar vein, there are various rumours relating to the introduction of a new investor visa encouraging investment into businesses in the UK with particular focus on AI, in exchange for residence in the UK.   Various prototypes of such a scheme have been discussed at policy level for some time now, but again, these ideas have not progressed, and any form of investor visa is certainly not imminent. Currently the UK does not offer a wide variety of options, especially for wealthy individuals, but if you are considering relocating to the UK, we can help devise a strategy for you.

If you need tailored immigration advice, our team of experts is here to help. We work with both employers and individuals across the whole spectrum of immigration needs, taking a pragmatic and sensitive approach to make the process as smooth and swift as possible. Get in touch with one of our team to find out how these latest announcements will impact you or your workforce.

“Erudite and highly personable” Tracy Evlogodis recognised in Spear’s 2025 Immigration Index

Forsters’ Head of Immigration, Tracy Evlogidis, has been listed as a top recommended immigration lawyer in the latest Spear’s Index. The index features the best immigration lawyers for high net worth individuals.  

Spear’s review recognises Tracy’s ability to handle “complex visa and citizenship applications for clients who include corporates, A-list celebrities and U/HNW individuals and families” and that “her clients tend to retain her long after their initial visa needs”.

One of Tracy’s career highlights, featured in the full review, is her role in being instructed by the organising committee of the London Olympics to manage most of the immigration work related to the event.

Please do get in touch with Tracy to discuss your immigration requirements.

Tracy Evlogidis
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EU Settlement Scheme – Is the pre-settled status upgrade as simple as the Home Office claim?

You may have heard that the Home Office has recently announced changes to the EU Settlement Scheme (EUSS). One of these changes advertises an effortless immigration status upgrade for clients with pre-settled status who have lived in the UK for 5 years.

Though it sounds straightforward, we have looked at the guidance and advise clients to take caution, as the promise of an automatic upgrade may not be as simple as it seems…

What is pre-settled status?

Pre-settled status is an immigration status granted to individuals from the EU, Switzerland, Norway, Iceland or Liechtenstein who were living in the UK by 31 December 2020. Holders of pre-settled status are allowed to live in the UK for up to 5 years.

Most holders of pre-settled status will already be in the UK under this pathway, as the deadline for most people to apply was 30 June 2021. However, applicants who are family members of existing holders of pre-settled status, or individuals who can prove reasonable grounds for making a delayed application, can also apply for pre-settled status after the deadline.

What happens when your presettled status is due to expire?

Previously, at the expiry of your 5-year residence period, you were required to make a formal application to the Home Office for settled status. After that, you were permitted to remain in the UK indefinitely. If you did not make a formal application, your permission to reside in the UK would expire.

What are the changes?

The Home Office have introduced an automatic assessment process with effect from January 2025.

Anyone with pre-settled status who is approaching the end of their 5-year residence period will now receive an email confirming that the end of their residence period is approaching and they will be considered for an automatic conversion into settled status. The Home Office will then assess government records and grant an automatic upgrade to anyone that has clearly been in the UK for last 5 years. There is no longer a need to make a formal application. In theory, if you have been in the UK for 5 years with pre-settled status, you do not need to take any action in order to be upgraded to settled status.

The change is inspired by a High Court decision in February 2023 where it was found that people with pre-settled status should not lose protection over their residence rights simply because of the failure to make a further application within the timeframe.

What is the catch?

We understand that the automatic assessment process works by checking records held by government bodies such as HMRC, DWP and the NHS – and for many people such records are easily established.

However, many of our clients have incredibly busy lives, often travelling between different jurisdictions, with fluctuating tax liabilities and private access to healthcare and travel. In reality, for these types of clients, the paper trail could make it look like you haven’t been in the UK continuously.

The potential risks could be severe – not only might you miss the automatic upgrade, leaving minimal time to make an application to upgrade to settled status, there is a chance that the Home Office System could interpret you as not being resident in the UK when you needed to be.

How we can help

If you have pre settled status we would recommend that you take caution with the Home Office’s promise and consider making a voluntary application as usual. This can ensure that your rights of residence in the UK continue seamlessly and smoothly, without any stress at all.

With over 25 years of experience, our Immigration team are well placed to help you, so please do get in touch.

UK Government opens Electronic Travel Authorisation (ETA) scheme to non-European nationals

An ETA gives you permission to travel to the UK, providing digital evidence of pre-arrival clearance similar to those already in place in Australia, Canada, New Zealand and the USA. It does not constitute a visa or immigration permission.

All international travellers including non-visa nationals will need permission in advance to enter or transit through the UK with the exception of:

  • British nationals
  • Irish nationals
  • Individuals already holding a UK visa
  • Persons legally resident in Ireland who do not need a visa to visit the UK, if entering the UK from Ireland, Guernsey, Jersey and the Isle of Man.

Timing

The ETA has already been rolled out to Gulf Corporation Council visits and is now expected to open to eligible non-European visitors from 8 January 2025. Eligible European nationals will be able to apply for the ETA from 5 March 2025, with a mandatory requirement from 2 April 2025.

Why is the UK government introducing the ETA scheme?

At present, non-visa nationals do not require pre-clearance for short stays or transit through the UK and advance passenger information is restricted to that provided by carriers from flight date. This means that UK border control and law enforcement authorities have little information and time to assess whether a risk is posed in advance of an individual arriving in the UK. The ETA is intended to provide the UK with an opportunity to pre-assess whether a traveller presents a security or other risk, reduce queuing times on arrival and improve the arrival experience to the UK. The EU is due to implement a similar scheme called European Travel Information and Authorisation Scheme (ETIAS) in 2024 (deferred from November 2023) which will operate in a similar way to the ETA and will require UK citizens not holding a visa issued by an EU Member State to hold valid clearance prior to travel into the Schengen Area.

Applying for an ETA

The procedure is promised to be simple and fast. Applicants (including children) will need to apply by either using the UK ETA app, or by completing an online application form. Applicants will need to provide their personal details, passport information, travel itinerary, email address and answers to questions about criminal offences and immigration history. It is intended that applicants will eventually provide fingerprints remotely through the use of an app. The Home Office have been running feasibility trials of fingerprint self-upload technology. This information will be checked against Home Office systems and international security data to determine whether the individual is cleared for visa-free travel to the UK. The ETA application fee will cost £10 per applicant (the Government intend to increase this fee to £16. There is no date confirmed yet and it will need to go through parliamentary approval first).

Individuals will receive notification of ETA approval by way of email. It is advisable for travellers to carry a print out of this email with them when travelling to the UK. The ETA itself is not a physical document but will be electronically linked to the passport they applied with and this passport must be used for travel into the UK. ETA holders are expected to use the ePassport gates (if eligible) or see a Border Force officer when arriving in the UK.

An ETA will last for two years and can be used for multiple visits to the UK. If an individual renews their passport before their ETA expires, they will need to apply for a new ETA.

When to apply?

Applications will need to be submitted with sufficient time to present the ETA approval to their carrier before travelling to the UK. Decisions will typically be made within three working days of submission however decisions may take slightly longer if further checks are required. Travellers are advised to apply earlier if possible and not to book travel until the ETA has been approved.

What will happen if ETA approval is not secured before travelling to the UK?

All Airlines and travel carriers will be under an obligation to ensure they have checked a traveller’s ETA prior to departure to the UK. Individuals requiring an ETA who travel without one may face a penalty charge and delays on arrival at the UK border.

It will also be a criminal offence to knowingly arrive to the UK without an ETA if one is required.

What happens if an ETA is denied?

The Immigration Rules require that ETA must be refused where the applicant has previously been sentenced to imprisonment for more than 12 months, been convicted of a criminal offence within the previous 12 months, breached UK Immigration Rules in the past, or has other adverse character, conduct or associations, among other reasons.

If an ETA is refused, the individual will need to apply for either a standard visitor visa to visit the UK, a Temporary Work – Creative Worker visa to come to the UK as a creative worker, or a Transit visa, to transit through the UK. We would expect the Home Office to set out the reasons for refusal in writing, and these should be taken into account when preparing a visitor visa application.

For further information please contact our UK Immigration team, or your usual Forsters contact.

UK Government opens Electronic Travel Authorisation (ETA) scheme to non-European nationals

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Deadline looming for Biometric Residence Permit holders

UPDATE: The Government have stated that migrants should keep their expired BRP cards and that they may be able to use their expired BRP cards to travel to the UK until 31 March 2025 if both: their BRP expired on or after 31 December 2024, and if they still have permission to stay in the UK.

Biometric Residence Permits (‘BRP’) will expire at the end of the year. Understand what urgent action is required before 31 December 2024.

If your BRP expires on or before 31st December 2024, you don’t need to make an application for a BRP renewal of your physical card. Instead, you must register for a UK Visas and Immigration (‘UKVI’) account on the Home Office website before the end of the year, to access your eVisa. Failure to do so will create complications when trying to re-enter the UK in the new year.

If you hold a BRP card and have an eVisa you are not required to create a UKVI account and no further action is required.

Why is this happening?

The UK government is developing a fully digital Border and Immigration system. The Home Office is phasing out physical immigration documents including BRP cards by the end of 2024 and replacing this with an online records system in the form of eVisas.

What is an eVisa?

An eVisa is an online record of your immigration status and the conditions of your permission to enter or stay in the UK. In the future you’ll be able to use an eVisa to travel to the UK – you will not need to carry a physical document, except for your current passport, which must be registered to your UKVI account. Until the end of 2024 you will still need to carry your physical document when you travel, if you have one.

How do I access my eVisa?

You will need to create a UKVI account online to be able to access your eVisa. Updating your physical document to an eVisa does not affect your immigration status or conditions of your permission to enter or stay in the UK. There is no charge to create a UKVI account.

What happens when I create a UKVI account?

By registering for a UKVI account, you will be able to access an eVisa to prove your immigration status with a share code through the Home Office’s ‘View and Prove’ service. This share code will allow you to prove your right to work to an employer and your right to rent to a landlord. The share code can also be issued for other purposes, such as proving your right to study to educational institutions. These share codes can be used prior to the expiry of your physical BRP.

It is important to be aware that that individuals should still travel with their physical travel documents and visas until 31 December 2024.

How do I register for a UKVI account?

All existing Biometric Residence card holders must create an online UKVI account by 31 December 2024. To create a UKVI account, please follow the the link here.

What do I need to register for a UKVI account?

To create a UKVI account and access your eVisa, you will need:

    • Your date of birth

    • Your BRP number or Unique Application Number (UAN)

    • Your passport (if you do not have a BRP)

    • Access to an email address and mobile phone number

    • Access to a smart phone

Once you have created your UKVI account you will be able to view the details of your eVisa online, for example your type of permission, when it expires and your conditions of stay. You will also be able to update your personal details and register your passport in your UKVI account so that you can easily travel to and from the UK.

How we can help?

We can help you set up your UKVI account and access your eVisa ahead of the impending deadline or answer any queries you may have. Please do contact our Immigration team or your usual Forsters contact for assistance as soon as possible.

Deadline looming for Biometric Residence Permit holders

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