Insights

New Visa Fees Set to Come in Effect in October 2023

Published on 15th September 2023

On 13 July 2023 the government announced significant increases in visa application fees and the immigration health surcharge. A Home Office schedule published today reveals that the new fees will take effect from 4 October 2023. It is worth noting that today’s changes do not include the planned increase to the Immigration Health Surcharge, which is to be implemented in the coming months.

Most fees will rise between 15-20% and the changes will affect the majority of applications made to UK Visas and Immigration, as well as many related services, such as priority processing charges and the cost of allocating a certificate of sponsorship. A full list of the services impacted can be found here.

Where possible, applicants and employers should try to submit affected applications prior to 4 October 2023 to benefit from the lower fees.

Changes to the Visitor route - Statement of Changes HC 1715

Published on 29th July 2023

On 19 July 2023 the government published a Statement of Changes in the Immigration Rules which adds 5 new countries to the visa national list found in Appendix Visitor. Citizens of Dominica, Honduras, Namibia, Timor-Leste and Vanuatu are now required to apply for UK visitor visa.

Citizens of the affected countries may still travel to the UK without a visa if they have a travel booking that was made before 15:00 BST on 19 July 2023; however they must arrive on or before 16 August 2023.

Individuals from the affected countries who wish to travel to the UK and where the transition period does not apply, must ensure that they have a visit visa in place before they travel to the UK.

Why these countries have been added to the visa national list

A statement issued by the Home Secretary Suella Braverman set out various reasons why these countries have been added.

Dominica and Vanuatu have raised concerns for the Home Office due to their citizenship by investment scheme which has shown abuse of the scheme including granting citizenship to individuals who are known to pose a risk to the UK.

Honduras and Namibia have been added to the list due to a significant rise in asylum claims made at the border by citizens of these countries, as observed by the Home Office.

In the case of Timor-Leste, the Home Office has noticed an increase in non-genuine visits by its citizens, with some individuals engaging in illegal work in the UK or attempting fraudulent applications as family members under the EU Settlement Scheme.

Statement of Changes HC 1496

Published on 21st July 2023

On 17 July 2023 the government published a Statement of Changes in the Immigration Rules.
Amongst the changes are:

• restrictions placed on international students switching into work routes;
• additional occupations added to the shortage occupation list;
• changes to the EU Settlement Scheme.

(This article provides a summary of some of the changes in HC 1496 that are expected to be particularly relevant to employers).

Student

As from 15:00 (UK time) on 17 July 2023, international students are now only allowed to switch into work routes (including the skilled worker route) if one of the following conditions are met:

• must have completed the course of study; or
• must be studying a degree level course with a higher education provider and their work start date must be no earlier than their course completion date; or
• must be studying a PhD and their work start date must be no earlier than 24 months after the start of their course.

As from 1 January 2024, international students will no longer be able to bring their family members to the UK on a dependant visa, unless one of the following apply:

• they are government sponsored; or
• they are studying towards a PhD or other doctoral qualification or a
• research based post-graduate course.

Dependants of students who are already in the UK can apply to extend their visa even after 1 January 2024.

Skilled Worker, Global Business Mobility and Scale-up Workers

Additional occupations for skilled workers have been added to the Shortage Occupation list.
These occupations are:

• 5119 Agriculture and fishing trades not elsewhere classified – only jobs in the fishing industry
• 5312 Bricklayers and masons – all jobs
• 5313 Roofers, roof tilers and slaters – all jobs
• 5315 Carpenters and joiners – all jobs
• 5319 Construction and building trades not elsewhere classified – all jobs
• 5321 Plasterers – all jobs
• 9119 Fishing and other elementary agriculture occupations not elsewhere classified – only deckhands on large fishing vessels (nine metres and above) where the job requires the worker to have at least three years’ fulltime experience in using their skills. This experience must not have been gained through working illegally.

Additionally, workers who are sponsored for GP speciality training are to be granted permission until four months, rather than 14 days, after the end date of their Certificate of Sponsorship They will also be permitted to undertake supplementary employment during this period. New genuineness requirements have been added to Appendix Skilled Worker, Appendix Global Business Mobility and Appendix Scale-up.

In each case, applicants must now be able to show that they genuinely intend and are able to undertake the role for which they have been sponsored for, and that they do not intend to take unpermitted additional employment.

EU Settlement Scheme

From September 2023, people with pre-settled status under the EU Settlement Scheme will automatically have their status extended by two years if they have not obtained settled status before their pre-settled status expired. Within the current system, individuals with pre-settled status must make an application for settled status prior to the expiry of their pre-settled status. If this is not done they lose their right to live in the UK.

The government have also announced that at some point in 2024, those with pre-settled status will start to be automatically upgraded to settled status if they can determine from their records that the requirements are met (i.e., no criminal convictions, five years’ residence, and no absences over 180 days in any 12-month period).

Significant Increase to UK Immigration Fees Announced

Published on 17th July 2023

On 13 July 2023 the government announced significant increases in visa application fees and the immigration health surcharge. This decision was made in light of a speech on public sector wage increases, with a portion of the funding for these raises coming from foreign migrants living and working in the UK.

The government has confirmed that work and visa fees will rise by 15%, while all other visa fees will increase by at least 20% - a timeframe for these fee hikes have not been provided yet.

Additionally, the immigration health surcharge will also see a substantial increase. The usual fee of £624 will rise to £1,035 per person per year, and the discounted rate for children, students and youth mobility visa holders will increase from £470 to £776 per person per year. Again, a timeframe for these fee hikes have not been provided yet.

These fee increases have certainly created a ripple of concern amongst migrants already in the UK and prospective migrants. It will also have significant impact on business owners who rely on overseas labour for job vacancies, as recruitment spending will substantially rise. Consequently, it is reasonable to anticipate that migrant workers, international students, and migrants who were considering relocating to the UK may seek another destination.

As this is an ongoing situation, more information regarding the timing of these visa fee increases is expected to be released soon.