Following the changes to the Immigration Rules in July, employers and immigration lawyers could have been forgiven for hoping for a period of stability. However, as the Government seeks to implement its White Paper proposals, further changes to the Rules have been announced.
The latest updates affect several visa routes but, for employers, the most important changes are:
1. Increasing costs
This is not technically an immigration rule change, but shortly after the statement of changes was announced the Government published the legislation to increase the Immigration Skills Charge, the amount employers pay every time they issue a Certificate of Sponsorship.
The Skills Charge is being increased to reflect inflation since it was introduced. From 16 December, the cost will be equivalent to £1,320 per year for medium and large employers and £480 per year for small employers.
Certificates issued before 16 December will still be valid for applications for three months, so employers should consider issuing certificates in advance of this to avoid the increased cost.
2. Changes to the English language level required for work visas
The White Paper proposed increasing the required level of English for work visas from B1, equivalent to a GCSE or National 5 exam, to B2, equivalent to an A Level or Higher exam. This is now being implemented and will apply to applications from 8 January 2026.
Employers with overseas recruitment plans in 2026 should make candidates aware of this upcoming change. Those who sit a B1 test now but submit their visa applications after 8 January 2026 will be subject to the higher threshold, which could lead to delays or visa refusals.
We also recommend that employers take steps to reassure their existing sponsored workers that they will not need to take a new test when extending their visa. The rule changes confirm that those who entered the UK under the B1 requirement must continue to meet this standard moving forward.
3. Change in Graduate visa length
The Graduate visa has long been a topic for discussion, and the White Paper proposed changing the length of the visa to help cut net migration. This will now come into force with the visa being reduced to 18 months rather than the current two years.
The good news for employers is that this will not take effect until 1 January 2027, so the change will not affect 2026 recruits. However, many larger employers recruit graduates up to two years in advance, so it is likely that some international students have already received offers for graduate programmes starting in 2027. Employers will need to review any offers they have made and consider whether they need to take further advice about candidates' immigration status and ability to complete the programme. For example, if an international student has been offered a role on a two-year programme starting in March 2027, their Graduate visa is unlikely to be sufficient to finish the whole programme.
When carrying out this exercise, employers should avoid making assumptions or withdrawing offers without first seeking detailed advice, as doing so could expose the employer to discrimination claims.
Dealing with regular changes to immigration law can be challenging for employers, but that is where MFMac's team of experts can help. If you have questions about the changes or how to manage these within your organisation, please get in touch with our team.
