For Food and Drink sector businesses that rely on international talent, these changes may have important workforce planning and cost implications.
What has been announced
Those earning at least £121,141 per year, and Global Talent, Innovator Founder and Sportsperson visa holders, will have a three-year qualifying period for ILR
Those earning at least £50,271 per year or who have a British connection, e.g. those who are the partner of a British citizen, will have a five-year qualifying period
Everyone else will have a ten-year qualifying period (with some exceptions)
Anyone with any form of criminal record will be refused ILR, although detailed eligibility criteria are awaited
The English language requirement will be at level B2
Applicants cannot have any unpaid government debt**. This** includes NHS debt
Applicants must have at least three years of National Insurance contributions
Eligible couples can combine their income to meet the household income threshold of £25,142 on the ten-year route to settlement
What this means for your business
It will no longer be the case that most visa-holding employees will be able to settle after five years. For sponsored employees, you will need to factor in the costs of sponsorship for a longer period. This is likely to have a particular impact on the hospitality industry and roles such as chefs, where salaries are often below £50,271.
Steps to take now
Map your workforce: Review each worker's salary, employment history and visa expiry date. Identify who may need support beyond five years and consider additional visa costs when budgeting.
Communicate clearly: Let your affected workforce know what has been announced and what is yet to be confirmed. Encourage employees to seek advice on their own personal circumstances. Those who will be eligible for ILR prior to the rule change may want to take steps to apply as soon as they can, so they will not become subject to the longer qualifying period.
Check compliance: Ensure that right-to-work checks and visa expiry monitoring processes are up to date. Sponsor licence holders should also review their sponsor records and reporting processes and update them where necessary. Carry out regular internal audits to ensure that you remain compliant.
