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Immigration Rules Changes Announced

March 5, 2021

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  • United KingdomUnited Kingdom

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At a Glance

The UK government has published a Statement of Changes to the Immigration Rules. Key changes include, among others:

  • The opening of a New Graduate Route on July 1, 2021;
  • An expanded shortage occupation list for Skilled Workers; and
  • Streamlined Global Talent visa access for winners of specified awards.

The situation

The UK government has published a Statement of Changes to the Immigration Rules which builds upon the new immigration system, which was opened on December 1, 2020.

A closer look

Effective July 1, 2021, the Graduate route will become available. Key details of the route include the following:

CHANGE DETAILS IMPACT

New Graduate Route 

  • Eligibility requirements. Foreign nationals must hold a Student or Tier 4 status and must graduate from an eligible UK course to be eligible. Applicants must have studied in the United Kingdom for at least 12 months, or for the full course duration for courses lasting 12 months or less.
  • Permit details. Successful applicants will receive a two-year permit (or three years for doctorates) which allows the holder to live, work and study in the United Kingdom.
  • Application process. The application must be filed from the United Kingdom. Those completing distance learning due to the pandemic may still be eligible.
  • Streamlined change to Skilled Worker status. Graduate route permit holders will be able to switch to Skilled Worker status in-country under the lower salary requirement available for ‘new entrants’, provided they apply within two years of holding Student status.

Previously, no separate graduate permit route existed. The new permit opens a streamlined route to retain talented graduates in the United Kingdom, where eligible applicants previously had to meet restrictive eligibility requirements under standard immigration options.  

 

The following changes will take effect April 1, 2021:

CHANGE DETAILS IMPACT

Expanded Shortage Occupation List for Skilled Workers

The UK government will revise the Shortage Occupation List in line with the MAC recommendations, adding approximately 20 occupations including roles related to senior health and social care, electricians and graphic designers, among others.

Employers will benefit from lower government fees and, in some cases, lower minimum salary levels for newly identified shortage roles.

Streamlined Global Talent Visa access for award winners

Applicants who have reached the ‘pinnacle of their careers’ and received a prestigious award no longer require endorsement from one of the six endorsing bodies to apply for a Global Talent Visa. Eligible awards are listed in the Appendix Global Talent: Prestigious Prizes. This is in line with one of the changes announced in the Budget Report.

Accomplished individuals will benefit from streamlined access to the United Kingdom.

Reinstatement of certain measures

  • Intra-company workers who have been on the route since before April 6, 2011 are permitted to continue to extend their visas.
  • Dependent family members will not have their absences from the UK during periods of leave granted before January 11, 2018, counted against them when they apply for permanent residence.

These updates reinstate previous rules and clarify the position of affected applicants. 

 

Background

The introduction of the Graduate route was first announced September 2019, and is intended to increase the attractiveness of the United Kingdom as an international study destination, which is experiencing a significant downturn in demand from international students as a result of Brexit.  The new route means that international students can now spend significantly longer after the end of their degrees looking for sponsored work in the United Kingdom, and can during this time be employed without employers facing the significant compliance and government fee costs associated with formal work sponsorship.

Looking ahead

The UK government will release detailed guidance on the above and other rules before April 1, 2020. Fragomen will report on relevant developments

This alert is for informational purposes only. If you have any questions, please contact your Fragomen immigration professional or send an email to [email protected].  

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  • United KingdomUnited Kingdom

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