Labour Government announces FIRST Statement of Changes HC 217

On 10 September 2024, Keir Starmer’s Labour government published its first Statement of Changes (HC217) (a mere 78 pages) announcing, amongst other things, the forthcoming changes to the Electronic Travel Authorisation (ETA) Scheme, some changes to visas for Jordanians and an update to the Appendix Skilled Worker Occupation Codes in the Immigration Rules, following significant errors as explained in our earlier article here.

The various changes listed in HC 217 will take effect in different stages, from September 2024 to February 2025. We have summarised the key changes in this article.

You can find a summary of how the recent Statement of Changes affects sponsors in the education sector and international students here.

Extension of Electronic Travel Authorisation Scheme

The government plans to expand the Electronic Travel Authorisation (ETA) Scheme to EU and non-EU nationalities, effective January and April 2025, as well as removing the visa-exempt status for Jordanian nationals.

The ETA is part of the UK government’s broader strategic efforts to make the UK’s immigration system fully digital by 2025.

Overview

Launched on 25 October 2023, the ETA Scheme currently only applies to nationals of Qatar, Bahrain, Kuwait, Oman, Saudi Arabia and the United Arab Emirates (Jordan having been removed from this list on 10 September 2024 as explained below).

However, the ETA Scheme will now shortly be extended to all other nationalities who can currently travel to the UK without a visa (i.e. non-visa nationals). Currently, ‘non-visa nationals’, such as nationals from the USA, Canada, Japan, or Australia, can simply travel to the UK and obtain a visitor stamp in their passport by UK immigration control on arrival. Similarly, citizens of the EU and Switzerland do not require entry clearance visas to visit the UK, and can obtain entry as a visitor at the Border.

The full list of nationalities affected by the new ETA process can be found here.

‘Visa nationals’, as set out in the Immigrations Rules Appendix Visitor: Visa national list (such as nationals from China, Russia, South Africa, Kazakhstan, and India) must continue to first obtain a Visitor Entry Clearance (visa) from a British diplomatic post before travelling to the UK. (Jordan has now been added to this list on 10 September 2024 as explained below).

Who can travel to the UK with an ETA from 8 January 2025?

With the exception of EU nationals, all ‘non-visa’ nationals (including nationals of Australia, USA and Japan) will need an ETA to travel to the UK from 8 January 2025, and will be able to apply for the ETA as early as 27 November 2024.

Who can travel to the UK with an ETA from 2 April 2025?

EU nationals will need an ETA to travel to the UK from 2 April 2025, and can apply for the ETA from 5 March 2025.

What are the permitted activities under the ETA scheme?

ETA travellers will be limited to the following activities:

• coming to the UK for up to 6 months for tourism, visiting family and friends, business or short-term study
• coming to the UK for up to 3 months on the Creative Worker visa concession
• coming to the UK for a permitted paid engagement

If an ETA applicant’s activities fall outside those set out above, they will need to obtain the proper permission to work in the UK under the Points Based System (by obtaining a work visa).

ETA process and fees

In summary, ETA applications are made online with a fee of £10, per applicant. There is no minimum age limit, so ALL children under 18 are also required to apply for an ETA. ETAs are linked to an applicant’s passport and are issued electronically. Further details on the proposed ETA application process, validity, and exceptions can be found here.

Could the ETA be refused?

The new Statement of Changes introduces suitability criteria whereby those applicants who have been previously refused a visit visa (or permission to enter as a visitor) will be refused an ETA - unless a visit visa was subsequently granted after the refusal.

What’s the impact of ETA authorisation on employers?

Employers will need to bear in mind this extra procedural step when making plans for their non-visa national workers to visit the UK for business, such as attending meetings/conferences/training/signing off contracts etc. ETA applications can potentially take up to 3 working days to be processed, and there is no appeal mechanism if an application is refused; the only option is to file a new ETA application (if eligible) or submit a separate visa application under another immigration category.

Don’t forget!

ETA applicants and employers will need to track the continued validity of their ETAs. The ETA is for multiple journeys and valid for up to 2 years or until the expiry of an applicant’s passport.

Visa Regime Imposed on Jordan

Jordan has been added to the list of countries whose nationals must now apply for and be granted a visa before travelling to the UK (the ‘Visa-nationals’ list). Since 22 February 2024, a Jordanian national wishing to come to the UK for 6 months could apply for an Electronic Travel Authorisation (ETA) and did not have to apply for a visitor visa ahead of travelling to the UK.

According to the Explanatory Memorandum accompanying the recent Statement of Changes, the imposition of a UK visa regime on Jordanian nationals is as a result of a “significant increase in Jordanian nationals who have travelled to the UK for purposes that are not permitted under the visit and Electronic Travel Authorisation (ETA) Scheme provisions such as to live, work or claim asylum in the UK.”

The requirement for Jordanian nationals to obtain a visa before visiting the UK has applied since 10 September 2024 and such nationals are no longer eligible to apply for an ETA. However, there is a 28 day transition period until 8 October 2024 for those Jordanian nationals who hold a valid ETA and a confirmed travel booking made prior to 10 September 2024.

Appendix Skilled Occupations errors and increases in the going rates for some occupation codes

As outlined in our previous article, the updates made in HC 590 to the Skilled Worker Occupation codes and going salary rates contained a number of errors, which are being corrected as part of HC 217. The rates in HC 217 will apply to all Certificates of Sponsorship (aka work permits) issued from 8 October 2024 onwards.

To explain, there were substantial changes made to the going rates as part of the 4 April 2024 Rule changes under HC 590, which affected applicants already in the route and those applying into it for the first time. These rates applied to individuals with a Certificate of Sponsorship (CoS) issued on or after 4 April 2024. However, the Home Office then published a guidance document (dated 10 July 2024), which reduced some salary going rates for eligible roles in sponsored routes. The Home Office confirmed the HC 590 errors in a message to sponsors on the Sponsor Management System (SMS), on 28 August 2024, including that the Rules would be amended in the Autumn.

However, the going rates listed in the full Statement of Changes HC 217 not only shows some rates being lowered to correct the errors in HC 590, but also shows there will be increases in some of the going rates. For example, Occupation Code 3531 (Brokers) for new applications has risen from £41,700 to £50,400, while the going rate for Occupation Code 2114 (Physical Scientists) for transitional applications in Table 2 has risen from £32,100 to £37,000.

In summary, the going rates for the relevant Occupation Codes apply as follows:

• Certificates of Sponsorship issued 4 April 2024 to 9 July 2024: rates in HC 590
• Certificates of Sponsorship issued 10 July 2024 to 7 October 2024: rates in guidance
• Certificates of Sponsorship issued 8 October 2024 onwards: rates in HC 217

Sponsors should therefore take note of the above changes and ensure they are applying the correct rates when assigning a Certificate of Sponsorship. The implications of these changes from an employment law perspective are considered in our previous article.

Other interesting but minor changes

In addition to the above changes, the Statement of Changes introduces a ‘VIP Delegate Visa’ for state and ministerial delegations and a ‘Diplomatic Visa Arrangement’ Visitor Visa.

VIP Delegate Visa

This is a new visa route to cap the number of delegates accompanying heads of state and government ministers visiting the UK on official government business (in place of them coming in via the Visit Visa or Exempt Vignette route). The upper limit for the number of applicants eligible for this route will be set at 20 for heads of state delegations and 10 for ministerial delegations. There is no application fee and the process is a simplified application form, plus biographical information and a facial image. There is no requirement for applicants to submit fingerprints.

Diplomatic Visa Arrangement (DVA) Visitor Visa

This route will replace the current Diplomatic Visa Waivers with select visa national countries. Instead, this new visa route will introduce a bespoke visitor visa for select diplomatic passport holders supported by a Note Verbale prepared by their sending government. The main purpose of the route is to support and better enable official travel to the UK and to allow DVA visitors to undertake a range of standard visitor activities.

For further information on how we can support you with the above changes, including applying for your ETA or supporting your staff who will need to apply for their ETA, and/or the effects of the occupation code errors please contact a member of our Immigration team or submit an enquiry form, below.