Statement of Changes to the Immigration Rules

The UK Government released a Statement of Changes on 10 September 2024, amending a number of important areas of the Immigration Rules.

Below we have summarised the key changes employers, multinational businesses and business travellers should note.

Skilled worker salary rates corrected

The Immigration Rules amended on 4 April 2024 contained a number of drafting errors, the most significant of which was incorrect salary rates for certain SOC codes. Practitioners and employers were advised to instead look to the Skilled Worker guidance which contained the correct salary rates. The most recent Statement of Changes amends the previous rules, correcting the drafting errors for salaries. However, the corrections will not be in place until 8 October 2024. Until that date, you must refer to the Skilled Worker guidance.

Note that some of the amended rates in the Statement of Changes have unexpectedly increased above the rates stated in the guidance. Employer sponsors should ensure they understand the correct salary criteria applicable to a particular individual before sponsoring them. If you have any concerns surrounding salary requirements, our immigration team can provide specialist advice.

Implementation of the UK Electronic Travel Authorisation (ETA) Scheme

The Government are extending the list of nationalities who will require an ETA before travelling to the UK, with the roll out being continued on a phased basis such that by April 2025 all visitors who do not need a visit visa will require an ETA before travelling to the UK. Ultimately, all non-British/Irish nationals will, therefore, need permission to travel to the UK in advance of arrival – whether an e-visa or ETA.As a reminder, an ETA is not a visa but rather a digital travel authorisation. The ETA scheme applies to all nationals who do not require a visa to travel to the UK and who do not have an existing immigration status in the UK. ETA applications are already required for nationals of GCC countries and Jordan, although as noted below Jordan is being removed from the non-visa national list effective from 10 September 2024. The Statement of Changes extends the ETA scheme rolling it out to all non-visa nationals by 2 April 2025.

For travel from 8 January 2025, those nationalities requiring an ETA before entering the UK will be expanded as set out below. A full list of countries and the relevant dates can be found here.

• Countries currently requiring an ETA for travel to the UK – Saudi Arabia, Bahrain, the United Arab Emirates, Kuwait, Oman
• Countries requiring an ETA for travel to the UK from 8 January 2025, with applications opening on 27 November 2025 – All other non-EU countries
• Countries requiring an ETA for travel to the UK from 2 April 2025, with applications opening on 5 March 2025 – All EU countries

There are a number of other significant changes being brought in by the scheme on 8 October 2024, including:

• An application for an ETA will be refused if an individual has overstayed their visa in the UK since 6 April 2017 and has not subsequently been permitted to enter the UK since that period of overstaying. In such circumstances, the individual will need to apply for a visit visa. Previously, an ETA was not automatically refused on the basis of overstaying alone.

• Those who have previously been refused a visit visa will be refused an ETA, unless a visit visa has been granted since the visit visa refusal. Individuals affected by this will be refused an ETA and instead will have to obtain a visit visa.

• Those who have previously had an ETA cancelled at the border will not be permitted to apply for a further ETA and instead will be required to apply for a visit visa.

These provisions are in addition to existing grounds for refusal based on prior convictions. The Home Office state that expanding the ETA scheme will allow for better visibility of who is entering the UK and for what reasons.

This is a significant shift from the current situation for non-visa nationals and is something that employers must consider if they have individuals who are required to travel to the UK from abroad. All non-visa nationals will soon be required to submit an ETA application, where they will need to provide biometric data and provide answers to a short series of suitability questions. If an ETA application is refused, there is no right to administrative review or right of appeal. Instead, an applicant must apply for a visit visa and their application will be assessed against the rules in place at that time.

An ETA application currently costs £10 and applicants will typically receive a decision within 3 working days. If your business has frequent visitors to the UK from abroad, this new process will need to be factored into timescales. It is also important to remember that visitors cannot undertake all business activities whilst in the UK and in fact there are strict parameters which visitors to the UK must adhere to.

If a business visitor is found to be carrying out activities outside of those that are permitted, then this would be regarded as illegal working. Civil penalties for illegal working have increased significantly this year, with fines extending up to £60,000 per illegal worker for repeat offenders.

Imposing a visa regime on Jordanian nationals

Since Jordan was removed from the list of nationalities requiring a visa before entering the UK and instead added to the non-visa national list, the Home Office have confirmed that there has been an influx of Jordanian nationals claiming asylum in the UK and Ireland. As such, Jordanian nationals are no longer permitted to apply for an ETA before travelling to the UK and instead must apply for a visit visa.

If your business has a Jordanian national who intends to travel to the UK for a permitted business activity and they do not have a valid ETA and a confirmed travel booking, then they will be required to apply for a visit visa before travelling to the UK. If the individual does have a valid ETA and a qualifying existing travel booking, they will be permitted to travel to the UK within a 28-day transition period, expiring on 8 October 2024.

Considerations for businesses

Business visits to the UK will generally require more advanced planning, factoring in potential visit visa application timescales should a visa be required. Given that the Government have confirmed they intend to tighten up security and increase enforcement, business must ensure they have the correct right to work checking procedures in place and that they are complying with their duties as employers. Migrants should only be entering the UK as visitors if their intended activities fall under those permitted of visitors. This is especially important for those businesses who hold sponsor licences and those who employ migrant workers. If found to have individuals working for you illegally this can result in significant financial and reputational damage. With nationals of non-visa countries soon being required to apply for an ETA prior to travel to the UK, the Home Office will be able to screen their reasons for travel more carefully. If you are unsure whether an individual will require a particular visa for the activities they intend to carry out in the UK, we have a team of immigration specialists at TLT who can advise you on this.

What can we do now?

If you have any individuals who intend to travel to the UK in the coming months, you must ensure you are planning ahead. Employees travelling to the UK for business trips will be caught up by these new provisions once the system is in place for the various nationalities. Therefore, ensuring that the individual applies for an ETA in advance of any travel will be vital.

Consideration will need to be given as to what will happen in the event that an ETA is refused, as a visit visa application will then be required. Having an open dialogue with employees or potential business visitors around any previous issues with their immigration history or criminal convictions will be important. This will ensure any potential issues are flushed out beforehand. All of this will need to be factored into timescales as come April 2025, all nationalities, excluding British nationals and those from Ireland and the Common Travel Area, will require prior authorisation to travel to the UK.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at September 2024. Specific advice should be sought for specific cases. For more information see our terms & conditions.