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United Kingdom: Statement of Changes Affects Skilled Worker Pathway, Ukraine Scheme

February 20, 2024

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  • United KingdomUnited Kingdom

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At a Glance

  • As anticipated, the UK government has formally presented changes to rules restricting the eligibility and dependency rights of health and care workers under the Skilled Worker pathway.
  • The changes were presented in the form of a Statement of Changes to the UK’s immigration rules, which also included changes to the UK’s temporary protection schemes for Ukrainian nationals.
  • The Skilled Worker pathway changes are likely to have only a limited direct impact on the businesses, charities and voluntary organisations who use these routes to sponsor workers.

The situation

As anticipated, the UK government has formally presented changes to rules restricting  the eligibility and dependency rights of health and care workers under the Skilled Worker pathway. The changes were presented in the form of a Statement of Changes to the UK’s immigration rules, which also included changes to the UK’s temporary protection schemes for Ukrainian nationals.

A closer look

  • Restricting the program. As anticipated, effective March 11, 2024 UK authorities will restrict the Skilled Worker pathway as follows:
    • First, only employers registered with the Care Quality Commission (CQC) and currently carrying on a regulated activity will be able to sponsor care workers or senior care workers under the Skilled Worker pathway. Currently, no CQC registration is required to sponsor such workers. This change will not affect the eligibility of roles in Scotland, Wales or Northern Ireland.
    • Second, dependents will not be able to accompany workers sponsored via this pathway. This will not apply to children born in the United Kingdom.
  • Transitional arrangements are available for Skilled Worker permit holders sponsored prior to March 11, 2024.
    • These arrangements will allow such individuals to apply to extend their permission with their current sponsor, and secure permanent residence, without their sponsor having to satisfy the CQC requirement.  
    • Further, dependents will be able to accompany individuals benefiting from these transitional arrangements, including if the individual changes jobs to a sponsor who satisfies the CQC requirement.

Impact

The UK government considers that these changes are likely to have only a limited direct impact on the businesses, charities and voluntary organisations who use these routes to sponsor workers.

Background

  • Statement of Changes. UK Immigration Rules are often changed several times a year, via Statement of Changes, which lists the amendments that will be incorporated into updated Immigration Rules on the specified implementation dates.
  • Reducing net migration and increasing domestic workforce. The Skilled Worker pathway restrictions are part of a broader package of policy changes – called the ‘Five Point Plan’ – which seek to reduce net migration levels while also increasing the domestic workforce.

Looking ahead

Other elements of the Five Point Plan, including increased salary thresholds and the creation of a new Immigration Salary List, are expected to come into effect in April 2024.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

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  • United KingdomUnited Kingdom

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