Staff immigration latest updates

Home Office Confirms Changes to the EU Settlement Scheme – May 2024

The Home Office has confirmed upcoming changes to the EU settlement scheme.  The Home Office will remove the pre-settled expiry date from the digital profile in the one line RTW check.  We are no longer required to conduct a follow up right  to work check on those with pre settled status.  Individuals with pre-settled status will now receive an automatic extension for an additional 5 years, rather than the previously planned 2 years.  The implementation date is yet to be clarified but we will of course keep you updated.

The Government has recently set out a series of initiatives and planned changes to visa arrangements, which include:

• A 48% increase in the skilled worker general minimum salary threshold from £26,200 to £38,700;
• Changes to the Shortage Occupation List to reduce the number of jobs where workers can be paid 20% less than the general minimum salary threshold;
• An increase in the income required to sponsor someone for a spouse/partner visa from £18,600 to £38,700; and
• A review of the graduate visa by the Migration Advisory Committee which enables students to remain in the UK for two years after the end of their studies.

The Government has indicated that these changes will come into effect next Spring.

Professor Richard Black, Provost and Deputy Vice-Chancellor, said, “We hugely value our international colleagues and students, who bring so much talent and so many important, fresh perspectives to our University community. We are absolutely clear that the University and the country need to continue to attract our invaluable technicians and language tutors and the next generation of world-leading researchers and more, to study and work with us.

“The Government is still working through the details of these initiatives and we are working closely with colleagues from Universities UK and the Russell Group to lobby on a number of fronts for the benefit of both our current and prospective staff and students.”

Colleagues will be kept updated as more detail becomes available and anyone affected or with questions can contact HR on staffimmigration@liverpool.ac.uk for advice and support. Support is also available via the Employee Assistance Programme. Once the full details of the Government’s plans are available, an online briefing session from specialist immigration lawyers will be organised for staff.

The Government has announced the NHS surcharge will increase mid-January 2024. Both houses of Parliament need to approve this.

The proposed change will see surcharges rise:

• From £624 to £1,035 per applicant per year;
• From £470 to £776 for children, students their dependants and those applying under the student and youth mobility visa routes.

If approved, the planned increase is set to come into effect on 16 January 2024 at the earliest.

Increase in visa application fees effective 4 October 2023

From 4 October 2023 the fees associated to visa applications, priority services, and Certificate of Sponsorship will increase by around 15-20%.

The following table provides a summary of the new fees payable for the main applicant and each dependent for some of the visa routes.

Reporting duties

A skilled worker sponsorship is based on the specific role the visa holder is undertaking, any changes in that role must be reported to the Home Office by the staff immigration team.

The department should discuss any proposed changes in a skilled worker visa holder's role with the staff immigration team to check that they are permitted. All changes must be reported within 10 working days.

Contractual changes include:

• Change in start date or late arrival
• Changes in job details, e.g. job title, duties, salary/allowances, hours of work, work location
• Unauthorised absence, authorised unpaid leave and changes in salary due to leave
• Changes in immigration status, e.g. left early.

Please contact staffimmigration@liverpool.ac.uk for further information.

Record keeping

Skilled work and tier 5 visa holders are required to report the following changes to their department/staff immigration team, this does not need to reported to the home office, however the University of Liverpool has a duty as a sponsor to retain a history of their contact details 

• Change of contact details, (UK residential address/personal email address/telephone number/
• Change in name/personal details

Please contact staffimmigration@liverpool.ac.uk for further information.

When should employers carry out right to work checks?

A right to work check of the employee's original documents must be completed the day before their appointment starts. It is generally recommended that departments carry out the check at the interview stage to ensure they are satisfied that the individual can work legally in the UK.  If checks have not been carried out at the interview stage, a right to work check must be completed the day before they start working at the University for all employees. The check must be conducted with the employee present either in-person or via a video call.  Click here for further guidance on how to complete a valid Right to Work Check.