Navigating UK Immigration: Key Updates from the Home Office Seminar

Andrew Oyedola (National Coordinator, NSSPF-UK)

The workshop, hosted by Winners Chapel International Cambridge in collaboration with the UK Home Office on July 26, 2025, provided crucial updates and clarifications on recent and upcoming changes to UK immigration laws. Mercy Osei-Poku and Carley Adele Griffiths from the National Community Engagement Team at the Home Office addressed various concerns, aiming to inform and empower attendees.

New Immigration Rules and Their Implications

The Home Office highlighted significant changes effective from July 22, 2025, and others still under consultation.

Skilled Worker Visa Changes:

• Recruitment from Abroad: As of July 22, 2025, it is no longer possible to bring individuals from abroad on a Certificate of Sponsorship (COS) for most roles, especially care worker visas. This means the previous route for overseas recruitment in these areas has closed.
• Qualification Threshold: Most new Skilled Worker Visas will now require a degree-level qualification (RQF Level 6). This is a significant increase from the previous RQF Level 3 to 5.
• Interim Lists: Two interim lists, the Immigration Salary List (ISL) and a Time-Limited Temporary Shortage List, will keep a small number of sub-graduate jobs open until the end of 2026. If a job appears on these lists, it may still be eligible at RQF Level 3 to 5.
• Dependents for Shortage Occupations: If you obtain a visa for a job on these exemption lists (where a degree is not required), you will not be able to bring your family to the UK as dependents.
• Existing Skilled Workers: Workers already in the skilled workforce before July 22, 2025, may continue to be sponsored in RQF Level 3 to 5 roles, including visa extensions, employment changes, or supplementary employment, until July 22, 2028. However, applications for Indefinite Leave to Remain (ILR) may be subject to different assessments.

Care Worker Visa Specifics:

• No Recruitment from Abroad: Social care employers can no longer recruit from abroad for care worker roles.
• Dependents: For care worker COS visas issued after March 2024, dependents are not allowed.
• Salary Threshold: The salary requirement for Health and Care Worker Visas (SOC codes 6135/6136) is at least £25,000 per year or £12.82 per hour, whichever is higher. This remains the applicable rate.

Graduate Visa Changes (Proposed):

• Reduced Length: The standard length of the Graduate Visa is proposed to be reduced from 2 years to 18 months. For PhD graduates, it will be 3 years. This change is not yet in effect and consultations are ongoing.

Indefinite Leave to Remain (ILR) Changes (Proposed):

• Increased Qualifying Period: A proposal in the white paper suggests increasing the standard qualifying period for ILR from 5 years to 10 years. This change has not yet started, and the Home Secretary is still determining how it will be implemented.
• Exemptions: Partners of British nationals and individuals with post-Brexit residence rights (e.g., EU Settlement Scheme) will likely remain eligible for ILR after 5 years.
• Advice for Near-Eligible Individuals: If you are nearing your 5-year ILR eligibility, it is strongly advised to apply as soon as you qualify to avoid potential impact from future changes.

Student Visa Changes:

• Stricter University Licensing: The government is considering making it harder for universities to retain their licenses to sponsor international students, particularly from countries identified with higher rates of asylum claims by students.
• Increased Financial Scrutiny: Future international students may face higher financial thresholds and more rigorous proof of long-term financial stability before being granted a visa.

English Language Requirements:

• Stricter for Partners: Partners joining individuals on RQF Level 6 jobs will need to demonstrate basic English language proficiency. The exact form of this requirement (e.g., exams abroad) is still to be determined.

Good Character Requirement:

• Impact on British Citizenship: From February 10, 2025, individuals who have illegally entered the UK or used a dangerous route are more likely to be refused British citizenship. This assesses how you entered and your behavior while in the UK.
• Driving Offences: Driving without a valid UK license (e.g., using an international license beyond the permitted one year) can lead to driving without insurance, which carries severe penalties, including potential prison sentences. A prison sentence of 12 months or more can lead to automatic deportation for non-British nationals, even those with ILR. Judges can also recommend deportation for serious crimes even if the sentence is less than 12 months.
• Children and Criminality: Children born in the UK can be refused leave to remain and face deportation if involved in criminality, especially if their parents do not have permanent immigration status.

Children Born in the UK:

• No Automatic British Citizenship: Children born in the UK do not automatically become British citizens unless one parent has permanent leave to remain or British nationality at the time of birth.
• 7-Year Rule: If a child is born in the UK and has lived here continuously for 7 years since birth, parents can apply for ILR based on the private life built with that child. This also applies if the child arrived in the UK as a child and has lived continuously for 7 years. The child’s “good character” (clean record) will also be assessed.

Responses to Common Questions

Here’s a summary of frequently asked questions and the Home Office’s responses:

1. Salary Thresholds: * Question: What is the salary threshold for Health and Care Worker Visa sponsorship under the new July 2025 immigration rules? Do old salary thresholds still apply for existing care workers? * Response: For Health and Care Worker Visas (SOC codes 6135/6136), the requirement is at least £25,000 per year or £12.82 per hour, whichever is higher. For care workers already employed before the new policy, the old salary thresholds still apply. * Source: Skilled Worker visa: A guide for employers – GOV.UK (www.gov.uk)
2. Switching Visas (In-country): * Question: Can I switch from a Graduate Visa to a Skilled Worker or Health and Care Worker Visa? Can a dependent spouse of a skilled worker, whose sponsor lost their license, still switch to a new sponsor after the July 2025 rules? Can a student in the UK switch to a Health and Care Worker Visa? * Response: In-country switching is generally allowed until July 22, 2028, for workers legally employed on the sponsor’s UK payroll for at least 3 months. This applies if you are on a visa that permits switching. However, for Health and Care Worker Visas specifically, dependants are generally not allowed if the main visa was issued after March 2024. If your current visa allows for dependents and you are switching to a Level 6 COS, it should be fine. For those whose sponsor’s license is suspended, not revoked, and they are actively working, travel and continued employment may be possible. * Source: Skilled Worker visa: change your visa – GOV.UK (www.gov.uk)
3. Indefinite Leave to Remain (ILR) for Combined Visas: * Question: If I spent three years on a Skilled Worker Visa and then switched to a Global Talent Visa, can I combine those years for ILR? If a main applicant on a care visa switches with their partner (e.g., husband becomes main applicant and wife becomes dependent), can their combined time on the route count towards ILR? * Response: While a solicitor should be consulted for specific advice, generally, when switching between different visa categories (e.g., Skilled Worker to Global Talent), the ILR clock typically restarts. However, if both visas are on a recognized ILR route, there may be some flexibility. For switching roles within the same visa category (e.g., care visa where a partner becomes the main applicant), the combined time should count towards ILR as long as both visas are on an ILR route. * Source: Indefinite leave to remain: Apply to settle in the UK – GOV.UK (www.gov.uk)
4. Dependents and Family Applications: * Question: Are dependents still allowed for Health and Care Worker Visas under the new rules? What happens to spouses and children who have been dependents since the student visa period if the main applicant gets a care job? If a married couple, both on health and care worker visas, later have a child, can one of them switch to become a dependant on the other’s visa? * Response: For care worker COS visas issued after March 2024, dependents are not allowed. If dependents are already in the UK, there may be exemptions, but legal advice is strongly recommended before making any changes. A couple on care worker visas can switch who is the main applicant/dependent as long as the visa category allows for dependents. * Source: Skilled Worker visa: change your visa – GOV.UK (www.gov.uk)
5. Overstaying and Asylum: * Question: If one overstays their current visa, do they risk deportation or removal? What options do they have besides seeking asylum? * Response: Overstaying generally leads to administrative removal, which may include a re-entry ban (typically up to 5 years). Deportation involves a criminal element. Voluntary returns to your country of origin are presented as a preferred option. Asylum is strictly for individuals fleeing persecution or danger in their home country, not for regularizing immigration status after overstaying. * Source: Immigration Rules: grounds for refusal – GOV.UK (www.gov.uk) (While not directly linking to “removal vs. deportation,” this covers refusal grounds for illegal entry/overstaying.)

Unanswered Questions and Further Guidance

Some questions required more specific personal details, legal advice, or were beyond the scope of the seminar’s general information.

1. Skilled Worker and Self-Employment: * Question: Can a skilled worker register and incorporate a personal company as self-employed? The business was started on my graduate visa. What are the requirements? * Guidance: Skilled Worker Visas come with specific conditions tied to sponsorship by a UK employer for a role on the shortage occupation list. Generally, these visas restrict self-employment, as you are sponsored to fill a specific job. Starting a personal company while on a Skilled Worker Visa may breach your visa conditions. You should consult the detailed guidance for your specific visa type on the Home Office website or seek legal advice to understand the exact restrictions on additional work or self-employment. * Source: Skilled Worker visa – GOV.UK (www.gov.uk) (Check the “Your responsibilities” or “Working in the UK” sections.)
2. Skilled Worker with Multiple Part-Time Jobs: * Question: My current employer is not giving me any hours. Am I allowed to do two part-time jobs, each 20 hours, whilst on the Skilled Worker Visa? Are these within the same industry? * Guidance: While a skilled worker visa typically ties you to a specific sponsor, there might be provisions for supplementary employment under certain conditions. This usually means working up to 20 hours a week in a job that is either in the same occupation code as your main job or on the shortage occupation list. If your primary employer is not providing hours, this could affect your visa conditions, as you are expected to be employed. Seeking legal advice to clarify your specific situation and the permissibility of multiple part-time jobs is crucial. * Source: Skilled Worker visa – GOV.UK (www.gov.uk) (Look for sections on “Working in the UK” or “Supplementary employment.”)
3. Options for Care Workers Struggling to Find Sponsorship/Switch: * Question: What options are available to care workers who are struggling to find a sponsor or make a successful switch? * Guidance: The Home Office provided links to resources for “displaced workers” from Care England (which can be found in the provided links from the seminar or you contact Black Woman in Care, if you are a Black woman). Additionally, the advice highlighted exploring opportunities in areas with high demand, such as Scotland, where there is a significant need for care workers. Broadening your job search geographically could increase your chances of securing sponsorship.
4. Hypothetical Future Scenarios (Post-July 2028): * Question: After July 22, 2028, if the ILR has gone to 10 years and those on Skilled Worker Visas now need to switch/renew, will they need to meet new visa requirements? Is it advisable for people with diplomas to upgrade to a degree level now to be safe? * Guidance: The specific rules beyond July 2028 are not yet defined, and even the Home Secretary is still determining the implementation of proposed changes like the 10-year ILR. However, generally, it is always beneficial to upgrade your qualifications if you have the opportunity, as this can provide more flexibility and security in the face of evolving immigration policies.
5. Student Visa to Care Worker with Dependents (Specific Case): * Question: I am a student finishing my program in February 2026. My husband, the dependent, has worked in care for over a year. Can he get sponsorship and include me and the children? * Guidance: While in-country switching is allowed, the ability to include dependents on a new care worker visa is heavily restricted for visas issued after March 2024. Your husband’s specific circumstances, including the type of care job and whether it’s on an exemption list, would need to be thoroughly assessed. Given the complexities, seeking legal advice before proceeding is essential to understand the likelihood of including dependents.
6. Administrative Review on English Requirement Refusal: * Question: Our Skilled Worker Visa was refused due to my husband not meeting the English requirement. We applied for administrative review and later submitted an ILR application, which is still pending. Given the 2025 rule changes, can I switch to a new visa category? * Guidance: An administrative review challenges whether the Home Office applied the law correctly. If the refusal was based on a clear failure to meet an English language requirement, an administrative review may not be successful unless there was an error in assessing the evidence provided (e.g., a certificate was submitted but overlooked). With an outstanding application, it’s generally best to wait for the outcome. Switching to a new visa category while an application is pending can complicate matters. Given the new, stricter rules, obtaining a visa that was previously refused under less stringent conditions might be more challenging. Legal advice specific to the details of your administrative review and ILR application is critical.

Important Advice for All ‘Immigrants’

• Stay Informed: Regularly check official UK government websites (gov.uk) for the latest immigration rules and guidance. The information is constantly updated.
• Seek Qualified Legal Advice: For complex or personal situations, always consult an OISC (Office of the Immigration Services Commissioner) regulated immigration solicitor or adviser. The Home Office team cannot provide individual legal advice.
• Do Not Pay for COS: Certificates of Sponsorship are not for sale. Be wary of any agents or individuals requesting payment for a COS.
• Understand Visa Conditions: Familiarize yourself with the specific conditions and restrictions of your visa category, including limitations on work, study, and bringing dependents.
• Comply with UK Laws: Adhere to all UK laws, including driving regulations. Non-compliance can have severe immigration consequences, even for seemingly minor infractions.
• Be Proactive: If you are nearing a visa expiry or eligibility for ILR, apply promptly to avoid being affected by potential future rule changes.
• Explore All Options: If struggling to find work or sponsorship in specific regions, consider looking for opportunities in other parts of the UK where demand might be higher.
• Prioritize Well-being: For new arrivals, thoroughly research living costs, childcare, and access to services before relocating, especially with families. Understand UK social services and their role in child protection.