The Home Office has issued a new statement outlining the launch dates for major reforms to the Skilled Worker and Partner routes. This, along with other recent announcements confirms a packed timeline of immigration reforms due to be made over the next year.

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The Home Secretary’s latest statement, published on 30 January 2024, mainly focuses on reforms to the Skilled Worker and Partner routes. The majority of these will be rolled out during March and April 2024. Other reforms are due during 2024 and into early 2025. In particular, the changes to the salary thresholds for Skilled Workers will come into force on 4 April 2024.

Taken together, the recent and forthcoming changes are designed to significantly reduce net migration, increase revenues to the Home Office and advance its digital transformation agenda.

A timeline summary of upcoming immigration reforms is set out below. Dates announced in the Home Secretary’s latest statement are flagged as being new.
For more detailed information on individual reforms, see the links in the description column or refer to our recent article, What’s happening in UK immigration law in 2024?

Date	Description
1 January 2024	Partner and child dependants of Students only allowed if the Student is starting a course on or after 1 January 2024 that is a PhD or other doctorate, or a postgraduate research programme
31 January 2024	Liberalising reforms to visitor route come into effect
1 February 2024	Electronic Travel Authorisation opens for citizens of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates who are travelling to the UK on or after 22 February 2024
6 February 2024	Immigration Health Surcharge increases to: £776 for Students, Student dependants and Youth Mobility Scheme applicants £1,035 for all other non-exempt applicants for limited immigration permission, including main applicants in work routes
13 February 2024	Maximum civil penalty for illegal working rises to £60,000
23 February 2024	Migration Advisory Committee to report on rapid review of the Immigration Salary List, which will replace the Shortage Occupation List for the Skilled Worker route
NEW: 19 February 2024	Immigration Rules to be laid to bring into effect 11 March 2024 ban on Carers and Senior Carers being accompanied by partners and children as Skilled Worker dependants
NEW: 11 March 2024	Partners and children of Carers and Senior Carers cease to be eligible to apply as Skilled Worker dependants
NEW: 11 March 2024	Sponsor guidance to be amended to require care home sponsors to be registered with the Care Quality Commission to sponsor Carers or Senior Carers
NEW: 14 March 2024	Immigration Rules to be laid to bring into effect 4 April 2024 reforms to the Skilled Worker and Partner routes
NEW: 4 April 2024	Skilled Worker route changes come into effect, including: Increase to the general salary threshold from £26,200 to £38,700 Amendments to going salary levels Abolition of the 20% salary discount for shortage occupations Replacement of the Shortage Occupation List with the Immigration Salary List
6 April 2024	Sponsors of workers with a licence expiry due on or after this date are not required to make an application to renew their licence – licences no longer have an expiry date. Sponsors have been advised of this directly on the Sponsor Management System.
NEW: 11 April 2024	Minimum income requirement for five-year Partner route applicants to be raised from £18,600 to £29,000, and marginal income requirement for child dependants to be removed
TBC mid-to-late 2024	Migration Advisory Committee to carry out full review of Immigration Salary list (amendments to this list to be made following the review)
TBC mid-to-late 2024	Minimum income requirement for five-year Partner route applicants to be raised from £29,000 to £34,500
By the end of 2024	Electronic Travel Authorisations implemented for all non-visa nationals
31 December 2024	Phase-out of physical immigration documents including Biometric Residence Permits, Biometric Residence Cards and other paper-based documents – holders will need to obtain a UKVI account to prove their status after this date
‘Early’ 2025	Minimum income requirement for five-year Partner route applicants to be raised from £34,500 to £38,700

The Home Office also plans to make improvements to the sponsor licensing system during 2024, in line with the Home Office’s sponsorship roadmap. This programme of reform is running significantly behind schedule and no up-to-date rollout dates are currently available.

If you have queries about these developments, please contact a member of our Immigration Team.

Related Item(s): Immigration

Author(s)/Speaker(s): Andrew Osborne, Supinder Singh Sian, Stephen OFlaherty, Naomi Hanrahan-Soar, Kathryn Denyer,

The Home Office is struggling to cope with a surge of demand for immigration application-related services ahead of an increase in the Immigration Health Surcharge and upcoming changes to the Skilled Worker and Partner routes.

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For further information on the changes putting pressure on immigration services provided by UK Visas and Immigration, see our earlier articles on the Immigration Health Surcharge (which affects most applications for UK limited immigration permission) and on the Government’s five-point plan to reduce net migration (which affects the Skilled Worker and Partner routes).

What services are currently affected?

Application processing for all immigration applications may be delayed due to a significantly higher volume of application being under consideration than usual.

For the Skilled Worker route, services required as a pre-requisite for making an immigration application are affected including:

• Sponsor licence applications;
• Applications for defined Certificates of Sponsorship for Skilled Workers applying for entry clearance from outside the UK;
• A significant inability to secure availability of the Worker and Temporary Worker priority change of circumstance service, and in particular for:
  • Requests for additional or annual undefined Certificate of Sponsorship allocations for Skilled Workers applying for permission to stay in the UK; and
  • Requests to make changes to the key personnel on a sponsor licence; and

• Standard sponsor change of circumstances services, which can take up to 18 weeks to process.

A delay in availability of a Certificate of Sponsorship is a serious matter for individuals intending to make an in-country application under the Skilled Worker route ahead of existing immigration permission expiring, and options for individuals in this situation should be considered on a case-by-case basis.

If you have queries about this topic, please contact a member of our Immigration Team.

Related Item(s): Immigration

Author(s)/Speaker(s): Andrew Osborne, Supinder Singh Sian, Stephen OFlaherty, Naomi Hanrahan-Soar,

The civil penalty an employer may receive for employing an illegal worker will rise from £20,000 to £60,000. This significantly increases the financial risk to employers of failing to carry out rigorous and compliant right to work checks.

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The relevant statutory instrument implementing the new maximum civil penalty was made by Parliament on 23 January 2023 and comes into effect on 13 February 2024.

From the same date, a new Code of practice on preventing illegal working: Right to work scheme for employers will also come into effect. This code of practice sets out:

• How an employer may establish a statutory excuse against liability for an illegal working civil penalty;
• An overview of the process under which the civil penalty regime is administered;
• How liability is determined and the penalty amount is calculated for a first breach and a repeat breach of the right to work scheme.

Any employer issued with a penalty notice on or after 13 February 2024 will be subject to the penalty calculations in the new code of practice unless the illegal working identified in the notice ceased on or before 12 February 2024. This includes a maximum £45,000 civil penalty being imposed for a first breach of the scheme and a maximum of £60,000 per illegal worker for repeat breaches.

This means that unless the employment began and ended before 13 February 2024, an employer of an illegal worker will be subject to the higher penalty. If the employer has a completely compliant right to work check history for the employee, this should provide a statutory excuse against the penalty unless there is also evidence the employer knew or should have known they were employing an illegal worker. However, it is important to be aware that seemingly minor deviations from a compliant right to work check will mean that a statutory excuse is not available. It is therefore very important to have compliant right to work checks on file for all employees.

Employers should also note that the civil penalty enforcement action would usually start at the maximum level and only reduce if set mitigating factors can be established.

If an employer seeks to rely on a compliant right to work check carried out on or before 12 February 2024 when asserting a statutory excuse against liability for a civil penalty, this will be considered in accordance with the code of practice that was in effect at the time the right to work check was made.

As mentioned in our earlier article here, we would suggest that employers consider undertaking the following actions to minimise the risks of being liable for civil penalties and being subject to compliance action due to illegal working:

• Carrying out periodic internal and/or external audits of right to work check documentation and processes;
• Providing ongoing training to staff involved in completing right to work checks;
• Taking specialist immigration and/or employment law advice where right to work queries arise; and
• Taking swift advice where potential illegal working is identified.

Right to work check requirements can feel complicated because there are different requirements for different types of right to work. Additionally, how the checks can be made has changed since the pandemic when certain allowances were made. Add to this that the use of IDSPs often leads to misunderstandings about which checks they can legitimately complete on behalf of employers and it is actually quite difficult to always ensure full compliance. We have a handy right to work guide which provides a breakdown of these to aid employers as well as offering training and mock audits.

If you have queries about this development or require assistance with right to work compliance, please get in touch with a member of our Immigration Team.

Related Item(s): Immigration

Author(s)/Speaker(s): Andrew Osborne, Supinder Singh Sian, Stephen OFlaherty, Naomi Hanrahan-Soar,

Substantial rises to the Immigration Health Surcharge have now been approved by Parliament to come into effect within the next few weeks. Individuals hoping to avoid these should submit their UK immigration application by 5 February 2024 to be sure they are not impacted.

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The draft Immigration (Health Charge) (Amendment) Order 2023 has now been approved by both houses of Parliament as of 15 January 2024. There will be a short period between the Order being approved and it being made, which may only be a few days. Since the increases will become effective 21 days after the Order is made, this will not be any earlier than 6 February 2024.

The new yearly rate depends on the immigration category the applicant is applying under, as follows:

Applicant type	Immigration Health Surcharge per year before the rise (GBP)	Immigration Health Surcharge per year after the rise (GBP)
Student, Student dependant, Youth Mobility Scheme and children aged under 18 on the date of application	470	776
All other applicants	624	1,035

The impact on a Skilled Worker applying for with a Certificate of Sponsorship issued for five years is illustrated below.

Scenario	Immigration Health Surcharge before the rise (GBP)	Immigration Health Surcharge after the rise (GBP)
Main applicant only	3,432	5,692.50
Main applicant with partner dependant	6,864	11,385
Main applicant with partner dependant and one child	9,449	15,653
Main applicant with partner dependant and two children	12,034	19,921

Note that in the above illustration, the Immigration Health Surcharge is calculated based on the length of the immigration permission granted, rounding up in six-month increments. Because sponsored workers are granted immigration permission for slightly longer than their Certificate of Sponsorship, a worker sponsored for five years will pay the Immigration Health Surcharge for five-and-a-half years rather than for five. The illustration also assumes that dependants apply at the same time as the main applicant.

Whether to apply before the rise will depend on a range of factors including the following:

• Whether the applicant is exempt from paying the charge (in which case there is no need to apply earlier);
• The availability of a certificate of sponsorship (for sponsored work routes);
• The start date of a sponsored role, which must not be more than three months after the date of application; and
• How the timing of an application may impact on the expiry date of the permission granted, and therefore whether the holder will have sufficient permission to apply for settlement if desired, or will have to apply for a further extension – in this case a calculation would need to be made to determine the likely timelines for application processing and what is the least costly process.

If you require assistance with an application or have queries about this development, please get in touch with a member of our Immigration Team.

Related Item(s): Immigration

Author(s)/Speaker(s): Andrew Osborne, Supinder Singh Sian, Stephen OFlaherty, Naomi Hanrahan-Soar,

2023 ended with a significant announcement on the largest expansion and shakeup to the employment permit system since its inception. In 2024, we expect to see further changes to the employment permit system and the possibility of the enactment of the Employment Permits Bill. However, we also expect to see further changes adopted as part of the Department of Justice’s modernisation programme, like those we have seen with the naturalisation process and the possibility of proposals on the adoption of a single application procedure.

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Employment Permits System

In June 2023, the Department of Enterprise, Trade and Employment invited relevant stakeholders to submit evidence to support claims for certain occupations to be included on the critical skills occupations list or take off the list of ineligible occupations for employment permits. While nothing of note seemed to be happening following the closure of the consultation period in August 2023, in a surprise pre-Christmas announcement, the Irish Government significantly expanded Ireland’s employment permit system and increased the salary requirements for most employment permit types. Here’s our article detailing the announcement but in summary, the announcement included 43 changes to the occupations lists for employment permits, making 32 new occupations eligible for a general employment permit and 11 new occupations eligible for a critical skills employment permit.

A new roadmap for incrementally increasing the salary requirement for most employment permit types was also published. Notably, all general employment permits may see the minimum salary requirements gradually increase to €39,000 between January 2024 and January 2026. Additionally, the minimum salary requirement for a critical skills employment permit for applicants requiring a relevant third level degree may rise to €44,000 by January 2025. Many employers will likely need to review and reforecast their budgets for employment costs to ensure any employment permit holders they employ can continue to work in Ireland.

However, further changes may be likely in 2024. When these changes were announced, Minister for State, Neale Richmond TD noted that over 121 submissions were received with more than 350 changes of various types sough in response to the Department’s invitation. Ultimately, more than 40 changes were made to the occupations lists with further changes to salary requirements. The Minister confirmed that other requests would continue to be considered on an “exceptional basis”. Therefore, we may see quotas for employment permits extended to other occupations while other occupations may become eligible for general employment permits and critical skills employment permits in 2024.

Employment Permits Legislation

While not necessarily a development in 2023, draft legislation in the form of the Employment Permits Bill 2022 was published in late 2022 with the intention to streamline, improve and modernise the employment permit system and increase its responsiveness to Ireland’s evolving labour market. As drafted the Bill proposes to:

• Consolidate existing employment permit legislation.
• Create a new type of employment permit for seasonal workers, designed to facilitate non-EEA nationals’ employment in “seasonally recurrent employment”, which will be specified in separate regulations.
• Allow subcontractors to make use of the employment permit system.
• Give the Minister power to specify conditions relation to the grant of employment permit which may include, accommodation, upskilling, training or expenses.
• Revise the existing labour market needs test to remove any requirement to publish a vacancy in a national or local newspaper.
• Introduce automatic salary indexation of salary requirements for employment permits.

As drafted, the Bill would help improve efficiency in the system by moving much of the operational details for the employment permit system to regulations to be made under the primary legislation which can be introduced more quickly in order to keep up with evolving recruitment practices. It is disappointing that little headway was made in 2023 to advance this Bill. However, in an election year and given we are yet see the true impact of what the recent expansion and changes to Ireland’s employment permit system might bring, this Bill may move up the legislative agenda and we may see even more the changes to Ireland’s employment permits system this in 2024. We will continue to watch this space closely for developments.

Modernisation Programme

With technological developments and progress all around us, digital transformation has become one of the driving forces behind the evolution of global immigration processes and policies. What initially began as the implementation of online systems during and following the COVID-19 pandemic, there is an increasingly permanent shift by governments to modernise and digitise immigration systems and processes.

The Department of Justice is no different and in April 2023, as part of its strategy to improve Ireland’s immigration system, it established a modernisation programme to make Ireland’s immigration system faster, more accessible, and more efficient.

The Department’s aim in the long term for immigration services it to digitise them and to move them onto a single online platform. It also seeks to improve customer service by simplifying processes and making the immigration system easier to understand whilst also maintaining security.

As part of its modernisation programme in 2023:

• The Department of Justice moved the citizenship application processes for adults and minors online. At the same time and in an effort to improve customer service, efficiency and to make the system more accessible to end users, it also relaxed some of its eligibility rules for naturalisation (as noted below).
• The Department of Justice took over the Stamp 4 application process for critical skills employment permit holders. This has streamlined the process significantly as it has ended the Department of Enterprise Trade and Employment’s involvement in the process by removing the need for critical skills employment permit holders to receive a letter of support from it as part of the application process.

It will be interesting to see what other improvements are made in 2024 as the Department‘s other objectives include:

• Clearing the ever-increasing backlog of immigration application types;
• Transferring the remaining immigration duties from the Garda National Immigration Bureau to the Department of Justice;
• Moving towards timely processing of applications for international protection and towards making the international protection process more efficient;
• Ensuring the fairness and efficiency of the Irish immigration system through new strategic policies and legislative proposals.

It should be noted these are outline goals only and won’t have any policy impact. However, changes implemented as a result of pursuing these objectives may see employers hiring foreign nationals in Ireland and employees seeking to enter the Irish labour market can expect improved services, additional use of online platforms, more consistent decisions and increased transparency in the immigration process.

Naturalisation Rules

In 2023, the Department of Justice relaxed its naturalisation rules, allowing applicants to spend a greater period outside the country.

As part of an application for naturalisation by an adult, the applicant is required to have one year’s continuous residence in Ireland immediately prior to the date of application. During the 8 years immediately preceding that period, the applicant must have a total residence in Ireland of 4 years.

Previously, the Department of Justice deemed absences longer that 6 weeks per year non-reckonable for naturalisation purposes. Accordingly, if the applicant was absent for more than 6 weeks in a year, that year would not be counted for the purposes of the naturalisation application. Further, the Department of Justice would allow the year to still be counted if “exceptional circumstances” existed and could be demonstrated to the Department.

However, the difficulty with the above was that the Department of Justice operated these rules through an internal policy and so there was no clear “exceptional circumstances” provision in guidance or law and so reliance on such internal policies created significant uncertainty for applications, creating restrictions on the ability to leave Ireland – whether for personal or professional reasons. It led to many applicants submitting lengthy submissions, either to justify absences and/or to seek exceptions.

In a welcome move, these rules were relaxed, and some outline guidance was provided. Now, naturalisation applicants can be outside Ireland for a total of 70 days in the year preceding the application. Applicants may also seek an additional 30 days for exceptional circumstances (which include family or personal circumstances, health issues, employment or study obligations, and voluntary humanitarian service).

In relation to the other four years of residence required for the naturalisation application, the applicant is now required to demonstrate, by way of objective assessment, that Ireland has been their primary residence for that period.

Despite clarifying the situation for these application types, the legislation and guidance still does not address the situation for adult applicants who must rely on their parents’ documentation for periods when they were a minor to prove their residence during that period. Therefore, we may see the Department of Justice announce further changes to provide clarity and tweaks to these applications in 2024.

Single application procedure for employment permit and immigration permissions

Proposals for the development of a single application procedure for employment permits and immigration permissions were agreed in principle by the Irish Government in 2022. An Inter Departmental Working Group was then established to develop an implementation plan for consideration by Government. While no report was published by the Group in 2023, we will need to wait and see whether any recommendations or proposals in relation to the implementation of the proposed single application procedure are published in 2024 and whether it will take into consideration the Department of Justice’s Modernisation Programme and the latest changes to Ireland’s employment permit system.

Keep in touch with Lewis Silkin for further updates and assistance

We will be monitoring immigration law developments throughout 2024 and will publish further information once it becomes available.

Our business immigration services cover all aspects of work and business immigration permissions, employment permits for new and existing hires, business visas and additional assistance for their family members. We also offer training, assistance with implementing policies and procedures to ensure compliance with immigration law, mock audits of existing systems to identify any areas of risk and to suggest improvements to ensure you are prepared for any Workplace Relations Commission investigation.

If you have any queries on any of the topics raised in this article or need assistance with any Irish immigration application, please contact Declan Groarke.

Related Item(s): Immigration, Ireland

Author(s)/Speaker(s): Declan Groarke,

In a surprise pre-Christmas announcement, the Irish Government significantly expanded Ireland’s employment permit system but also increased the salary requirements for most employment permit types. While this is welcome news, it also means that some employers may need to review and reforecast their budgets for employment costs to ensure any employment permit holders they employ can continue to work in Ireland.

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On 20 December 2023, Neale Richmond TD, Minister of State for Business, Employment and Retail announced the largest employment permit system expansion since its inception. The announcement includes 43 changes to the occupations lists for employment permits, making 32 new occupations eligible for a general employment permit and 11 new occupations eligible for a critical skills employment permit. A new roadmap for incrementally increasing the salary requirement for most employment permit types was also published.

These reforms may contribute to resolving some of the labour shortages many employers in Ireland have been experiencing over the past few years. They will also enable a greater range of employers to benefit from access to Ireland’s employment permit and immigration system.

Background

In June 2023, the Department of Enterprise, Trade and Employment invited relevant stakeholders to submit evidence to support claims for certain occupations to be included on the critical skills occupations list or to be taken off the ineligible list of occupations for employment permits. However, until very recently, the only change of note came by way of the introduction of a new quota of general employment permits for electrical linespersons where 100 permits were approved to help alleviate the pressure on the ESB Networks’ overhead line framework contractors.

The recent announcement represents a more comprehensive outcome from this review.

Changes to the occupations lists for employment permits

In summary, 11 roles have been added to the critical skills occupations list and 32 roles have been removed from the ineligible list of occupations for employment permits, making them eligible for an employment permit so long as the other requirements are met.

The changes focus on supporting specific sectors experiencing labour shortages.

Construction: The construction sector benefits significantly from the removal of electricians, electrical engineers, electrical contractors, skilled metal, electrical and electronic trades supervisors and other construction-related occupations from the ineligible list, making them eligible for general employment permits. Additionally, BIM manager, BIM coordinator/technician, estimator, and commercial manager have been added to the critical skills occupation list. Project engineers and chemical engineers who may also play a role in the construction sector have been added to the critical skills occupations list.

Healthcare, Social Care and Disability Services: In a move which is counter to the UK’s recent announcement that care workers will no longer be permitted to be accompanied by their partners and children, a number of occupations in the care sector are now eligible for a general employment permit. This is notable as approximately 9,000 employment permits were issued to individuals in the healthcare sector in 2023 in Ireland alone. These numbers are likely to jump with the introduction of the following occupations which are now eligible for an employment permit:

• Senior care workers – in disability services.
• Residential day and domiciliary case managers – in disability services.
• Play therapist – in disability services.
• Genetic counsellor.
• Social care worker.
• Family support workers – in disability services.
• Project offices, disability.
• Support worker (social, community, public and charity).
• Guide dog mobility instructor for the visually impaired.
• Autism assistance dog instructor

In addition, the occupation of Optometrist (Ophthalmic Optician) has been added to the critical skills occupations list and is now eligible for a critical skills employment permit.

Car Maintenance, Transport, Logistics and Haulage: Occupations eligible for a general employment permit in these industries now include car, motor, and HGV mechanics, auto electricians, motor vehicle technicians, vehicle body builders and repairers, body shop panel beaters, vehicle paint technicians, and armature rewinder.

This is very welcome news as these industries are among the most short-staffed in Ireland as we saw with the allocation of 100 general employment permits to NCT testers earlier this year.

Meteorology: Occupations eligible for a critical skills employment permit now include resource modelling, earth observation and data analyst, meteorologist, and operational forecaster.

Horticulture: In addition to new quotas for horticulture workers (see below), specialty forestry harvesting technicians are now eligible for a general employment permit. Professional foresters have been added to the critical skills occupations list.

The above will support the current government’s Housing for All plan and National Development Plan and ensure further resources are made available to meet its targets under those respective plans.

Pharma/Life Sciences/Construction: Project engineers and chemical engineers have been added to the critical skills occupations list, making them eligible for a critical skills employment permit.

Food, Agri-Food and Agriculture: Niche roles in the agriculture sector, including butchers/deboners, bakers, pig managers and pig farm assistants are now eligible for general employment permits.

Craft: Certain craft production roles, such as upholstery and furniture operatives, furniture makers and other craft woodworkers, textile process operatives, wood machine operatives and saw doctor/wood machine mechanic are now eligible for general employment permits.

Changes to quotas for employment permits

The following occupations have had their general employment permit quotas extended with effect from January 2024:

Occupation	New general employment permit quota
Meat processing operatives	1,000
Butchers/deboners	350
Dairy farm assistants	350
Horticultural workers	1,000 (to support the sector ahead of the seasonal employment permit being introduced)

Changes to minimum salary requirements for employment permits

There will be incremental increases in minimum salary requirements for various employment permit types. All general employment permits will see the minimum salary requirement gradually increase to €39,000 between January 2024 and January 2026.

Notably, the minimum salary requirement for a critical skills employment permit will rise to €44,000 if the applicant is required to hold a third-level degree relevant to the occupation. However, the higher salary threshold of €64,000 for a critical skills employment permit will remain unchanged.

Below is a detailed table setting out the current thresholds and incremental increases from 17 January 2024. The table also sets out what further changes are proposed to be made thereafter and until January 2026.

Employment Permit Type	Current Thresholds	January 2024 Threshold	January 2025 Threshold	July 2025 Threshold	January 2026 Threshold
General Employment Permit	€30,000 (€14.79ph)	€34,000 (€16.77ph)	€39,000 (€19.23ph)
General Employment Permit – Healthcare Assistance / Home Carer	€27,000 (€13.31ph)	€30,000 (€14.79ph)	€34,000 (€16.77ph)	€34,000 (€16.77ph)	€39,000 (€19.23ph)
General Employment Permit – Meat Processing / Horticulture	€22,916 (€11.30ph)	€30,000 (€14.79ph)	€32,000 (€15.78ph)	€34,000 (€16.77ph)	€39,000 (€19.23ph)
General Employment Permit – Graduate Positions / Language Skills Specialist	€27,000 (€13.31ph)	€34,000 (€16.77ph)	€39,000 (€19.23ph)
General Employment Permit – Butcher / Boner	€27,500 (€13.56ph)	€34,000 (€16.77ph)	€39,000 (€19.23ph)
Critical Skills Employment Permit (with a relevant 3rd level degree)	€32,000 (€15.78ph)	€38,000 (€18.74ph)	€44,000 (€21.70ph)
Critical Skills Employment Permit (no 3rd level degree but relevant experience held)	€64,000 (€31.56ph)	No change	No change
Intra-Company Transfer (Trainee)	€30,000 (€14.79ph)	€34,000 (€16.77ph)	€39,000 (€19.23ph)
Intra-Company Transfer (key personnel or senior executive)	€40,000 (€19.72ph)	€46,000 (€22.68ph)	€53,000 (€26.13ph)
Contract for Services	€40,000 (€19.72ph)	€46,000 (€22.68ph)	€53,000 (€26.13ph)

Note 1: Changes to salary requirements in 2024 will be effective from 17 January 2024. Furthermore, the figures provided for January 2025, July 2025 and January 2026 are preliminary and based on most recent CSO data and may be subject to change.

Note 2: For general employment permit applications, the Labour Market Needs Test is still required and will have to reflect the revised thresholds in order to be deemed valid.

Analysis of Minister Richmond’s Announcement

Consultation submissions

Minister Richmond noted that over 121 submissions were received with over 350 changes of various types sought. Ultimately, more than 40 of those changes made the list with the Minister confirming that the other requests would continue to be considered on an “exceptional basis” where issues arose. Therefore, we may see further quotas granted for general employment permits for certain occupations in 2024.

Labour Market Needs Test

The Labour Market Needs Test is still required for general employment permit applications, and will have to reflect the revised thresholds in order to be deemed valid.

Family reunification

The salary thresholds for employment permits have not changed for some time and in many respects, have failed to keep pace with inflation and economic growth.

Of note, general employment permit holders have no immediate family reunification rights and may only apply for family reunification once they have completed 12 months employment in Ireland. However, to be eligible to sponsor family members for family reunification, the employment permit holder must be earning a minimum level of income, which changes depending on the number of family members seeking family reunification.

The new employment permit thresholds more closely align with family reunification thresholds. Indeed, Minister Richmond noted that this will be particularly important to healthcare assistants and home carers, perhaps giving some indication that some level of concern was raised in response to the UK’s recent announcement excluding the dependants of care workers.

Increasing salary thresholds

Through increasing salary thresholds, the Government aims to ensure that the value of the skills and experience non-EEA citizens bring to the workforce is adequately recognised, and that good quality employment opportunities are afforded to them.

However, the incremental increases in salary thresholds may dampen some of the optimism among employers experiencing labour shortages. The new salary requirements and the ones proposed to be introduced in January 2025 and January 2026 may be above the market rates for many occupations which are eligible for employment permits. Therefore, some employers may struggle to pay the higher employment costs. And so, despite having access to the employment permit system, they may be reluctant or prohibited from using it.

Many current employment permit holders will also need to renew their employment permit in 2024 and beyond, or may need to have their permission bridged to move onto a Stamp 4. Unless transitional arrangements are made available , they will need to meet the new salary requirements to be eligible to renew or bridge their permission.

At this late stage in the calendar year, many employers may have already agreed budgets for 2024, including employment costs. Employers may need to review and revise these projected costs in light of this recent announcement.

It will be interesting to see what impact the changes to the system will have on the uptake of employment permits and whether any further changes will be made in 2024. We will continue to monitor and analyse developments as further details are released.

For further information or support in relation to this recent announcement, please contact Declan Groarke.

Related Item(s): Immigration

Author(s)/Speaker(s): Declan Groarke,

This Q&A covers questions raised in our webinar. This session discussed:

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• The Home Office’s December 2023 immigration announcement to reduce net migration – for further information on this, see our article here.
• The Migration Advisory Committee’s report on shortage occupations
• Recent updates to the Immigration Rules and policy for workers and their sponsors
• Immigration implications when sponsored workers are made redundant
• Changes to the EU Settlement Scheme
• The new Electronic Travel Authorisation for visitors
• Phase-out of physical immigration documents
• Recent and upcoming increases to immigration fees, the Immigration Health Surcharge and illegal working civil penalties

Since the webinar took place, the Home Office published new Immigration Rules on visitors, the Youth Mobility Scheme and other matters of interest to employers. For a summary of these, see our article here.

	Topic	Question	Answer
1.	Five-point plan	Please can you confirm that existing visa holders on £27-28,000 per year will not need to be placed on £38,700 per year (for the same job) when their visas are renewed (i.e. the new salary threshold rules will only apply to new visa holders – not renewal of existing visa holders)?	This will depend on what transitional arrangements are included in the Rules, when published next year. The Home Office has released a factsheet confirming that the scope of any transitional arrangements is yet to be determined. The increase in the threshold is very high so it is to be hoped that there will be transitional arrangements so that people part-way through the process are not excluded from extension/settlement.
2.	Five-point plan	If requesting a sponsorship licence now, will the new Skilled Worker salary threshold apply?	The new general salary threshold is expected to apply for Skilled Worker immigration applications made from April 2024. So, if a sponsor licence is in the pipeline, it will depend on when this is granted and when the Certificate of Sponsorship allocation (for in-country applicants) or defined Certificate of Sponsorship (for entry clearance applicants) is available. These must be in place before an application can be made. We need to wait for the Immigration Rules to be published to know exactly what transitional arrangements will be applied, however it is conventional for new Rules of this nature not to be applied to applications submitted before the date the Rule change takes effect, even if the application is decided after this. There may also be further transitional arrangements put in place for people who already have immigration permission that was approved under the relevant current threshold, and who need to make an extension or settlement application in the future.
3.	Five-point plan	What does the increase in the general salary threshold for the Skilled Worker route mean for internships in work?	The details of a specific proposed internship would need to be reviewed on a case-by-case basis, however usually the most appropriate route for internships is the Government Authorised Exchange route. The Skilled Worker route may come into consideration if, for any reason, the proposed engagement is not appropriate for the Government Authorised Exchange route. This could be the case if the post will in fact fill a vacancy in the business’s workforce. If the Skilled Worker route is identified as the appropriate option, the individual would need to fulfil the criteria for that route, including salary thresholds.   If the Skilled Worker route is the appropriate option, some individuals may qualify at a lower salary threshold than the prevailing main general threshold, if, for example, their circumstances fall under the new entrant tradeable points option. We do not have any details yet regarding whether the general thresholds for all tradeable points options will be affected when the Immigration Rules are amended for Spring 2024. A recent Home Office factsheet confirms that salary discounting will remain for new entrants to the labour market.
4.	Five-point plan	We’re in the process of offering Graduate Programme roles starting late 2024, assuming these roles will fall under the same Skilled Worker general threshold of £38,700?	The new general threshold for the Skilled Worker route is due to be implemented in Spring 2024, so individuals starting a graduate programme in late 2024 would need to meet the prevailing salary thresholds, subject to any transitional arrangements. We do not yet have the details of what these will be. Note that some candidates may be able to use the tradeable points option for new entrants, which (subject to amendments to the rules) would mean they may qualify at a lower salary level. Health and Care roles and roles on national pay scales (e.g. teachers) will also be exempt from the new higher threshold.
5.	Five-point plan	Should we be waiting on processing new Skilled Worker visas until the government has updated the details regarding the increased salary details?   Will there be any exceptions for visa extensions for Skilled Workers who fall beneath the new minimum salary requirements?	An assessment may need to be made of whether it is possible and desirable to sponsor a person for the full five years at the current salary levels.   Employers should also be prepared for the possibility that a higher salary above the current threshold may need to be paid by the time the person is due to settle. We do not know yet what the extent of any transitional arrangements may be for workers who are sponsored before the higher threshold comes into effect.
6.	Five-point plan	As a follow-on from the answer to Question 5, is it possible to renew someone’s Skilled Worker visa ‘early’ i.e. 6/12/18 months before the visa is due to expire in order to use the current Skilled Worker salary thresholds?	Yes, it is possible to make an early application however the considerations around doing so should be assessed on a case-by-case basis. This will be the subject of a forthcoming separate article.
7.	Five-point plan	Will the new general salary threshold for Skilled Worker visas only apply to new entrants to the UK from the date it takes effect, or will it also apply to current sponsored employees (either immediately when the change takes effect, or at the point at which their visa needs to be renewed)?	We need to wait to see what transitional arrangements in the Immigration Rules when they are published.   It is also possible the Home Office will publish more detailed policy information on the five-point plan in early 2024, ahead of a Statement of Changes in Immigration Rules. The Government has recently confirmed that further information will be made available in January 2024 for at least some elements of the plan.
8.	Five-point plan	Do we have to increase the salary of Skilled Worker sponsored employees?	We need to wait to see what transitional arrangements are included in the Rules. A factsheet released by the Home Office confirms that the salary threshold changes will not be retrospective, which means that the salary of current Skilled Workers will not need to be increased immediately. It may need to be increased to meet the higher general threshold before an extension or settlement.
9.	Five-point plan	Will the general threshold salary requirement of £25,600 to apply for settlement from a Skilled Worker visa be increasing?	We need to wait for the Immigration Rules (or any more detailed policy statement) to be published to know whether any transitional arrangements will be applied, and the extent of them.
10.	Sponsorship	We are finding it hard to manage early careers applications and how to message that we can’t/won’t be able to sponsor.	This can be a tricky issue for employers because excluding a person from a recruitment process based on their immigration status carries the risk of an employment tribunal claim being made for indirect race discrimination. Historic employment tribunal case law says that recruitment decisions should be based on who is the best candidate for the job, and sponsorship considerations should not be assessed until a late stage in that process. While there is nothing stopping an employer from asking about an individual’s right to work status during the recruitment process (whether at the start of the application, or during the interview stage, or at the offer stage), it is important that: (a) the question is asked of all candidates; and (b) the employer is aware that a policy of automatically rejecting candidates based on their need from sponsorship may prompt an indirect discrimination claim.   The question of whether such a claim would be successful is currently untested under the current work visa regime. The historic case law that set the precedent – the 2009 case of Osborne Clarke Services v Purohit – is based on a very different work permit regime. The facts of that case may have been decided differently today. However, that case remains binding case law on tribunals, meaning that a policy of automatically rejecting candidates because they would need sponsorship will attract discrimination risk.
11.	Sponsorship	If an organisation doesn’t have a sponsorship licence and is likely to be able to fill a post by recruiting UK nationals, what is the position if they get an application from someone who would require sponsorship? Assuming the role would meet the criteria, are they required to progress the application and (if the non-UK national is the best candidate) potentially have to get a sponsor licence even though there are suitable applicants who wouldn’t require sponsorship?	See answer to Question 10 above.
12.	Sponsorship	Is it possible to obtain a sponsor licence for a newly established UK company? If so, are there any financial requirements (capital introduction, revenue etc)?	Yes, it is possible to obtain a sponsor licence as a start-up however one of the main documents that can cause a stumbling block is the requirement to have a current, corporate bank account with an institution registered with both the Financial Conduct Authority and the Prudential Regulation Authority.
13.	Sponsorship	We provided the contact details of sponsor workers when ending their sponsorship. Why do we still receiving that kind of request for providing their contacting details?	The Home Office is acting belatedly on these notifications so are double-checking if previous sponsors have any more recent contact details for the relevant workers. This is so they have the best chance of reaching them when they send notifications, e.g. to cancel the person’s immigration permission.
14.	Immigration Health Surcharge	Does the Immigration Health Surcharge Rate increase only apply to new applications? Are those who immigrate before 16 January 2024 locked into the current rates?	Those whose applications are made before the IHS rises will be charged at the current rate. Minimising IHS charges may be a factor in deciding what length of visa to apply for now. For further information, see our article here.
15.	Right to work	Will the online Home Office right to work check system be updated to include full duration of visas and visa types?	Holders of physical immigration documents including Biometric Residence Permits (BRPs), Biometric Residence Cards (BRCs) and passport stamps and stickers (vignettes) will need to register for a UKVI account to access the View and Prove service from the end of 2024. The full duration of visas and any work limitations for BRP and BRC holders are already available for employers to view online, however this is on a legacy system that will be replaced by View and Prove. It is not yet clear whether this system will remain in place for a short period into 2025 while individuals are in the process of registering for UKVI accounts, or if it will be switched off by the end of 2024. We would suggest that employers consider doing online checks on BRP and BRC holders now/throughout 2024 using the current system to spread out the administrative burden of doing a large volume of repeat checks at the end of 2024, and to ensure that the expiry date of permission is correctly flagged. See our article here for further information. Holders of other physical immigration documents will need to ensure they obtain a UKVI account before these cease to be accepted for right to work checks.   For all physical document holders, we would suggest that a UKVI account is obtained as soon as possible once the process for this becomes available, and by the end of 2024 at the latest. This will avoid the possibility of travel being disrupted due to there being no record of the individual on View and Prove.
16.	Right to work	Are IDVT checks worth it or does this cause duplication of work for employers when checking right to work for UK/NI nationals?	This is an assessment that has to be made by the business. Using IDVT can minimise the risk of an employer accepting a fraudulent document. See our article here for a discussion of some of the factors to consider.
17.	Right to work – EEA/Swiss nationals and their family members	For checking the expiry of immigration permission for colleagues with pre-settled status, I thought employers weren’t mandated to check current employees’ right to works at the time. Is this still the case, and is diarising the expiry of pre-settled status only relevant for new hires since the EU Settlement Scheme came into effect?	Employers were not required to check the UK immigration status of EEA or Swiss nationals whose employment started before 1 July 2021. A right to work check could be performed based on an EEA or Swiss passport or national ID card. For non-EEA family members of EEA or Swiss nationals, checking UK immigration documents issued under the EEA Regulations was also sufficient before 1 July 2021.   No right to work check expiry will have been recorded for EEA or Swiss nationals whose employment started on or before 30 June 2021, and who had or went on to obtain pre-settled status under the EU Settlement Scheme. This is because the employer will have had a permanent statutory excuse against liability for an illegal working civil penalty, with no follow-up right to work check required.   For non-EEA family members employed on or before 30 June 2021 however, an expiry reminder will have been recorded as those who would have been eligible for pre-settled status will have held documentation under the EEA Regulations with an expiry date attached to it.   The risk for employers is that it may come to light at some point that one or more of these individuals does not currently have the right to work, e.g. because they did not apply under the EUSS when required to do so. There is guidance in An Employer’s Guide to Right to Work checks on what is expected in this scenario.
18.	Electronic Travel Authorisation	Will the Electronic Travel Authorisation (ETA) apply to sponsored workers?	No it will not. It will only apply to individuals who do not have any other visa in place and who are seeking to enter the UK for visitor purposes (including short-term study up to 6 months), non-visa national entering the UK for up to three months as a Creative Worker or for transiting the UK.   The ETA is being rolled out on a phased basis and the Home Office’s guidance on this is available here.
19.	Visitors	The current visit guidance states that visitors are permitted to undertake activities relating to their employment overseas remotely whilst they are in the UK, such as responding to emails and answering phone calls. However, the main purpose of the trip must be for a ‘permitted activity’. How are you advising your clients to manage this conversation with the business? Also, does this apply to both visa nationals and non-visa nationals?	All visitors (visa nationals and non-visa nationals) must restrict their activities to permitted activities. In addition to recreational and family visits, there are a range of general activities permitted for business visitors, and more specific permitted intra-corporate activities. The full range of activities is set out in the Immigration Rules at Appendix Visitor: Permitted Activities.   The visit guidance you mention is being incorporated into the above Appendix for visa applications or non-visa national visitor entries to the UK from 31 January 2024. The new Rule simply states that a visitor may ‘undertake activities relating to their employment overseas remotely from within the UK, providing this is not the primary purpose of their visit’.   This new wording is helpful for individuals, as it confirms they are allowed to carry out any aspect of their overseas job remotely, provided they are primarily in the UK for another permitted activity.
20.	Permission to stay	If a sponsored worker was due to leave the UK prior to visa expiry but they have a medical emergency which results in them not being able to travel out of the UK prior to expiry – is there a form of leave available for this type of situation?	They can make an application for permission to stay outside the Immigration Rules.
21.	Future immigration policy	Is there any indication from Labour’s policies on immigration that they would make similar changes if they win the next General Election? Or is it likely they’d reverse these new changes?	Labour’s policy on immigration will not be made public until they publish their manifesto, however currently 85% of polled voters think that the current Government has lost control of immigration so the general statements from Labour on the issue are likely to be about controlling it. We don’t have a clear view yet however of their specific plans. It would seem unlikely that fee changes would be reversed under Labour due to the current state of public finances.

Related Item(s): Immigration

Author(s)/Speaker(s): Stephen OFlaherty, Tara Sayer,

Attachment: WHIIL QA 07122023

On 7 December 2023 the Home Office published new Immigration Rules. These expand the range of activities visitors are allowed to do in the UK from 31 January 2024, including remote work, research, provision of legal services and paid engagements. The Youth Mobility Scheme is also amended to include citizens of Uruguay and to restructure the arrangements for Japanese and South Korean citizens.

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Statement of Changes in Immigration Rules HC 246 does not include any of the recently-announced policies designed to reduce net migration, due to be in effect during Spring 2024. These will be the subject of a future statement of changes.

The points likely to be of most interest to employers are outlined below.

Visitor route

Provisions are made more liberal for visa nationals who apply for their visitor visa on or after 31 January 2024, and for non-visa nationals who enter the UK as a visitor on or after this date.

As confirmed in the Chancellor’s Autumn Statement, further enhancements to visitor provisions are due to be rolled out in 2024 and beyond, in line with the terms of future international trade deals.

Intra-corporate activities

Individuals employed abroad who visit a group business in the UK will now be allowed to carry out the following activities directly with clients:

• Advising and consulting;
• Trouble-shooting;
• Providing training; and
• Sharing skills and knowledge.

The activities must be undertaken to deliver a project or service on behalf of the UK group business (not the business abroad), and must be incidental to the person’s employment abroad.

This lifts a significant current restriction, which limits intra-corporate activities to those that are for the benefit of the group the visitor is employed by.

Remote working

The Rules are amended to confirm and clarify what is currently only contained in guidance. The new Rule states that visitors are allowed to work remotely on activities related to their overseas employment, provided this is not the primary purpose of their visit.

This wording removes the existing ambiguity around the extent to which a visitor may engage in work activities for their overseas employer while they are on holiday or on a business trip to the UK. Currently, the guidance states that visitors are permitted to undertake activities ‘relating to’ their overseas employment, such as responding to emails or answering phone calls. The new Rules contain no restriction on the range of work activities that may be carried out remotely on behalf of an overseas employer, which is a welcome development.

Providing legal services

Overseas lawyers are currently only allowed to advise a UK-based client on specific international litigation and/or an international transaction.

Allowed activities for overseas lawyers are significantly expanded upon under the new Rules, to include the provision of legal services, including:

• Advice;
• Appearing in arbitrations;
• Acting as an arbitrator/mediator;
• Acting as an expert witness;
• Appearing in court in jurisdictions which allow short-term call or where qualified in that jurisdiction;
• Conferences, teaching;
• Providing advocacy for a court or tribunal hearing;
• Litigation; and
• Transactional legal services, including drafting contracts.

The requirement for the services to be for a UK-based client has been dropped. This is a pragmatic change that recognises the complexity of the client parties and practices often involved in legal work.

Permitted paid engagements

Being a speaker at a conference is included as a permitted paid engagement (PPE).

The route is also being absorbed into the standard visitor route, meaning that individuals who need to come to the UK for PPE purposes may enter the UK for six months instead of one. They will however be required to arrange their engagement before entry, and complete it within 30 days of their arrival. Individuals intending to carry out a PPE must be over the age of 18 on the date they arrive in the UK.

Logistically, this change has the benefit of enabling PPE visitors to use an eGate on arrival rather than having to be stamped in for one month by a Border Force official. It also avoids the possibility of being incorrectly landed as a standard visitor, without the relevant permission to complete the planned engagement.

Research

Academics, scientists and researchers will be allowed to carry out research in the UK as a visitor, provided this is for a specific project directly relating to their employment abroad. Under the current visitor Rules, research is restricted to independent research and research for an academic’s own purposes while they are on a sabbatical from their home institution.

International Sportspersons

From 31 January 2024 International Sportspersons applying to come to the UK for 12 months or less may make their entry clearance from any country they are in, provided they can demonstrate they are there lawfully and carrying out activities as a sportsperson. This change corrects a previous drafting error.

Youth Mobility Scheme

The following changes are in effect for applications made on or after 31 January 2024:

• Citizens of Uruguay are eligible to apply under the scheme;
• The upper age limit for citizens of the Republic of Korea (South Korea) is raised from 30 to 35;
• Japanese and South Korean citizens may apply without firstly having an invitation; and
• The allocation of places for Japanese citizens has increased to 6,000, and to 5,000 for South Korean citizens.

Amended definition of ‘partner’

For applications made on or after 31 January 2024, the definition of ‘partner’ is being clarified to confirm that for unmarried partners, there is no requirement for the couple to have been living together for at least two years. It is sufficient for a relationship similar to marriage or civil partnership to have existed for at least this period of time.

This change aligns with the wording already present elsewhere in the Rules. However, it is useful for employers to be aware of this helpful recent change as it covers partners of individuals in work routes.

If you have any queries relating to these developments, get in touch with a member of our Immigration Team.

Related Item(s): Immigration

Author(s)/Speaker(s): Stephen OFlaherty, Sam Koppel, Kathryn Denyer,

The Home Office intends to phase out biometric residence permits and other physical immigration documents from 1 January 2025. Although details of the process are still awaited, employers should take the opportunity now to review the volume of repeat right to work checks are due on 31 December 2024 and aim to minimise bottlenecks with processing these.

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Currently, many biometric residence permits (BRPs) and biometric residence cards (BRCs) are due to expire on 31 December 2024, even where the holder’s immigration permission expires after this, or where they are settled and have no expiry date for their permission.

The reason for this is historical – when the UK was still part of the EU, there was a requirement to upgrade the encryption technology in these documents by the end of 2024. Initially, the expectation was that current generation BRPs and BRCs would be replaced with documents containing the new technology. Post-Brexit however, the Government has decided to move away from issuing physical immigration documents altogether.

What is the Home Office’s plan for phasing out physical immigration documents?

The Home Office intends to move towards digital-only recognition of immigration status, using an electronic visa (eVisa) system.

eVisas will replace the following physical immigration documents:

• BRPs – these are currently held by some people with limited immigration permission longer than six months, or who are settled in the UK;
• Biometric residence cards (BRCs) – these are currently held by some EU Settlement Scheme participants;
• Vignette stickers in passports – these are used for visitor visas for visa nationals, and as an initial travel facility for some individuals who have applied to come to the UK from abroad and who have not yet received their BRP or BRC; and
• Stamped endorsements in passports – these are sometimes held by people who settled in the UK a long time ago, or who have had short-term immigration permission (for six months or less) endorsed at the border.

During 2024, holders of these physical documents will need to register for a UKVI account so that they can access an eVisa version of their immigration permission. The holder’s immigration status and immigration conditions will be unaffected by registering for the UKVI account.

The main function of the account is to enable access to the Home Office’s view and prove service. An individual can use this service to issue a share code to third parties needing to check their status and conditions, e.g.:

• An employer as part of a right to work check;
• A landlord in England as part of a right to rent check; and
• Other third parties such as educational institutions.

Valid physical documents should still be used for travel to the UK for the time-being, however an eVisa, along with the individual’s passport, will be needed to travel to the UK at some point in the future. To avoid potential travel disruption at that stage, it will be important to ensure the UKVI account is set up and has the holder’s current passport details registered to it.

Specific information on the process for applying for a UKVI account has not yet been published, however a new webpage has been added to GOV.UK. Businesses and individuals can subscribe to receive emails when the page is updated.

How does the expiry of BRPs and BRCs impact right to work checking processes?

Before 6 April 2022, it was possible for BRP and BRC holders to prove their right to work using their physical document, rather than being required to use the Home Office’s online right to work check system.

Where an individual opted to do this, the expiry of their BRP or BRC will have been listed as 31 December 2024, unless their immigration permission was due to expire before this date.

For individuals who are settled in the UK, no repeat right to work check will be required. However, for individuals with limited immigration permission, a repeat right to work check must be carried out before the expiry of the document they used to prove their right to work, rather than before the expiry of the person’s immigration permission.

This means some employers may have a high volume of repeat right to work checks due on 31 December 2024.

How can employers minimise the impact of this change on repeat right to work checks?

It is not yet known when employers will be required to use the view and prove system only. This will depend on when the existing online right to work checking system for BRP and BRC holders is decommissioned, and when manual right to work checks will be discontinued for non-British or Irish individuals with existing immigration permission or exemption from immigration control.

The switchover process to UKVI accounts may not happen smoothly. It is also likely that Home Office systems will experience a high traffic load immediately in the lead up to the end of 2024. This combination of factors may place pressure on HR teams processing repeat checks late next year.

We would suggest that employers consider taking the following actions to minimise administrative impact:

• Identify which workers’ repeat right to work check is due on 31 December 2024;
• Implement a phased process of asking (but not requiring) affected individuals to complete an early repeat check using the online right to work check process – this will smooth the administrative burden for the business and enable the next repeat check to be aligned to the expiry of individuals’ existing immigration permission; and
• Implement a process for prompting workers to obtain a UKVI account on a timely basis ahead of their next repeat right to work check.

We shall provide updates on the process of registering for a UKVI account as further information is released by the Home Office.

We are covering the phasing out of physical immigration documents our next ‘What’s happening in immigration law’ session on 7 December. For more information and sign-up details, click here. If you are an employer with queries about this topic, you can also get in touch with a member of our Immigration Team.

Related Item(s): Immigration

Author(s)/Speaker(s): Supinder Singh Sian, Abi Adetifa, Kathryn Denyer,

Diversity, equity, and inclusion (DE&I) initiatives are no longer just buzzwords but are becoming essential elements of success for companies in all industries. Companies are recognising the value of diverse talent and the need to promote equitable opportunities in their global operations. Immigration law is a cornerstone of the legal framework and can play a pivotal role in shaping the demographic composition of a company.

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In this article, Declan Groarke, Senior Associate in the Employment, Immigration and Reward team of Lewis Silkin Ireland, explores how immigration law can be a powerful and effective tool to address and advance DE&I initiatives within a company’s global mobility practices.

What is DE&I

We hear the words diversity, equity and inclusion used with increasing frequency in today’s business world, but what do they really mean for an organisation? Put simply, DE&I is a framework for social reform applied to professional environments.

Diversity involves people’s “race, gender, religion, sexual orientation, ethnicity, nationality, socioeconomic status, language, disability or ability, age, religious belief or political perspective.” In any industry, working in diverse teams can help your company establish trust with different communities and understand different perspectives.

Equity “promotes justice, impartiality, and fairness within the procedure, processes, and distribution of resources by institutions or systems.” This involves creating an environment where everyone is empowered to achieve. In your business, that may involve treating all team members, contractors, clients, customers, suppliers with respect and ensuring your rules, policies, and processes are applied the same way to everyone.

Lastly, inclusion “ensures people of all diverse backgrounds are welcome and have a seat at the table.”

When you put this all together and practice it consistently, DE&I creates a work environment where everyone can thrive and feel supported and welcome. But what role can immigration law have in advancing DE&I initiatives in a company’s global mobility practices.

Attracting global talent

Ireland has become a global hub for innovation and business. Accordingly, Ireland’s employment permit system and business immigration permissions has developed to provide a robust framework to supplement skills and labour needs in Ireland. Whether it is a critical skills employment permit or an atypical working visa, Ireland’s employment permit system and business immigration permissions are designed to attract skilled professionals from diverse backgrounds by providing accessible pathways for talent to work and reside in Ireland. In turn, this enriches the workforce with a diverse set of skills and perspectives, promoting DE&I within a company.

International assignments

Ireland’s employment permit system can also facilitate international assignments of senior executives and key personnel into Ireland. There are many reasons as to why an organisation may wish to send an executive or key personnel on an international assignment, for example, training, transfer of knowledge, skills development, market insight, succession planning. However, an international assignment can be another powerful tool for further promoting DE&I within a global organisation.

Living and working in a different country can provide members of senior leadership with firsthand experience of different cultures, values and ways of working. That exposure to different cultures can help them to develop cultural intelligence, sensitivity and awareness which can be shared with other senior leaders. Along with obtaining a broader perspective on global business practices and societal norms, this worldwide view can lead to more inclusive decision-making and strategies.

Family reunifications

Immigration is all about the inward movement of people. However, family reunification, which lies at its core, plays a pivotal role in promoting greater inclusivity as it embodies a fundamental commitment to human values and social cohesion.

The Department of Justice’s family reunification policy recognises the intrinsic importance of keeping families together and facilitates the reunification of spouses, children and other dependents with their loved ones who are relocating to or have established residence in Ireland. Having a streamlined family sponsorship process like we do in Ireland ensures that immigrants can contribute to their new employer without the burden of family separation. This not only fosters emotional well-being by preserving familial bonds, but it also contributes to the overall stability and integration of immigrants into their new workplace.

Additionally, under Ireland’s family reunification policy, spouses and de-facto partners of certain immigration permission holders (e.g. a spouse or de-facto partner of a critical skills employment permit holder) are granted permission to work in Ireland which is contingent upon their spouse’s / partner’s permission to work in Ireland. It also provides accessible educational opportunities for family members.

Therefore, family reunification can have a profound impact on fostering a sense of belonging and inclusivity for the family as a whole, as it also contributes to the integration of immigrants into their adopted communities.

Language and third level courses

Another way Irish immigration law facilitates the integration of international employees is through immigration permissions which may be sought and obtained by international students undertaking third level and English language courses in Ireland.

Many international students come to Ireland to either learn English or further their studies by undertaking a third level qualification. The consequent student permissions available to these international students allow them to either further their studies or enter the workforce on foot of being granted further permissions under the Department of Justice’s third level graduate programme – the purpose for which is to grant non-EEA national third level graduates permission to work in Ireland for a period of time so that they may find employment for which an employment permit may be granted.

These kinds of programmes again play a pivotal role in supporting the integration of international employees in the workforces of many companies in Ireland with the result of further enriching the workforce with a more diverse set of skills, and further promoting DE&I within a company.

International Protection

Whilst an unfortunate reality in recent times, global mobility can also involve relocating individuals who are seeking asylum or international protection. Ireland’s humanitarian values extend to its immigration policies, making it a welcoming destination for individuals fleeing oppression or seeking international protection and enabling those individuals to take up employment here. Supporting such individuals within the workforce, and being able to facilitate them through our immigration system, aligns with a company’s commitment to DE&I.

Conclusion

Immigration law endeavours to provide equality in both opportunity and access to professionals and families. But it also provides an essential source of diversity for a country. Ireland’s employment permit system and business immigration solutions can be a valuable tool for maximising diversity goals and advancing DE&I initiatives within a business’s global mobility solutions.

At Lewis Silkin Ireland, we advise a wide array of industries and recognise the profound influence immigration law and policy can have on the success of global operations. By embracing immigration policies that attract diverse global talent, promote family reunification, provide education opportunities and offer international assignment programmes, companies can enrich their workforce with diverse perspectives and experiences, thereby fostering and strengthening their DE&I initiatives and goals.

For more information, please contact Declan Groarke at Declan.Groarke@LewisSilkin.com or at +353 1 566 9877.

Related Item(s): Immigration, Business immigration in Ireland, Equality & Diversity in Ireland, Equality & Diversity, Ireland, Ireland

Author(s)/Speaker(s): Declan Groarke,