Government Publishes Strategy Statement for Reforming Immigration System

Moving toward a fully digital system

The new Graduate Route, scheduled to open July 1, 2021, will include many features which the government intends to roll out more widely:

• Non-visa nationals to no longer require Biometric Residence Permits (BRP cards);
• Application to be completed online via the ChipChecker app, without the need to attend a physical application centre or have fingerprints scanned; and
• The infrastructure to permit third parties such as employers, landlords and other third parties carrying out checks on immigration statuses of an individual’s immigration status online, is being developed.

• Reduced amount of times visa applicants will need to visit UK visa application centres within the United Kingdom.
• Applicants for several visa categories will be able to apply fully online and will be able to access and prove their immigration status online.
• The longer-term intention is to introduce these processes to the Skilled Worker and Student routes.
• European Economic Area (EEA) and Swiss nationals applying for categories in the new immigration system will apply online, and be granted status online.
• Government departments will have the ability to check an individual’s immigration status directly with the Home Office.

Reform of the Sponsorship system

Several reforms to the Sponsorship system are confirmed:

• Trusted sponsor status based on automated checks between various government departments to identify sponsors and users eligible for fast track approval;
• Providing employers with a dashboard to allow them to see their sponsored workers and feedback on their visa applications;
• Automated cross-checking of salary data on Certificates of Sponsorship tax office payroll data to identify non-compliance;
• Introducing trust ratings for sponsors to allow a differentiated approach to sponsor and reporting duties;
• A review of government fees for using the sponsorship system;
• A new Skilled Worker eligibility checking tool; and
• A roadmap to be published from June-August 2021 to set out its proposed reforms to the sponsorship system in more detail.

• These changes will greatly increase the amount of payroll data available to the Home Office to identify non-compliance across the sponsorship system. 
• Employers who sponsor workers will need to ensure that they understand and follow the rules to avoid being classified as non-compliant, which could result in fines, suspension or revocation of their status as sponsors.

Unsponsored points-based route

• The government committed to introducing a points-based route that did not require sponsorship in its February 2020 policy paper. 
• The aim of the route is to attract highly-skilled individuals without a job offer, who can qualify based on their experience and qualifications. 
• In the Strategy Statement, the government confirmed its intention to introduce this route from March-May 2022. 
• Within this route, the government will create a ‘scale up’ stream that would allow those coming to the United Kingdom to work for recognised UK start-ups to apply for a visa without requiring sponsorship.

This is the first time the government has suggested a date by which the route would be introduced (i.e. within the next 12 months).

Longer term reforms

Electronic Travel Authorisation (ETA). All individuals (except British and Irish nationals) will need to apply for an ETA before travelling to the United Kingdom. The ETA will be introduced in phases and will be fully implemented by the end of 2024.

National identification. Starting October 1, 2021, EEA and Swiss citizens not covered by the terms of the Citizens’ Rights Agreements will no longer be able to use their national identification cards to enter the United Kingdom.  Those covered can continue to use their cards to travel until at least the end of 2025.

E-gates. The government intends to expand the use of electronic gates to more nationalities.

These reforms will restrict travel rules for many nationalities.

Expanded eligibility for e-gates is a welcome change, especially considering the expected post-COVID-19 travel boom.