Immigration Law Update for Charities - what do you need to be aware of?
Tom Brett Young, VWV Partner and Head of Immigration, recently provided an immigration update to the Charity Law Association and here summarises some of the recent changes charities should be aware of.
While many charities will have little or no interaction with the UK's immigration system, some employ staff or engage volunteers and voluntary workers from overseas, and many charitable independent schools will recruit international students. For those charities, it can be hard to keep up with the ever-changing requirements of immigration law and there may be serious consequences if they get it wrong.
Given the importance of remaining up to date with changes in immigration, there are a number of key developments that charities should be aware of going into 2025.
UKVI's increased focus on compliance
The latest Home Office transparency data confirms what we have suspected for some time: that the Home Office have invested significantly in their compliance capabilities and are pursuing enforcement of their sponsor guidance at levels never seen before. The latest statistics show that 1,327 Skilled Worker sponsor licences were revoked in the 12 months to 30 September 2024, almost five times the number of revocations in the year to 30 September 2023. Similarly, in the year to 30 September 2023 only six temporary worker licences (the broad heading within which the Charity Worker route is found) were revoked, whereas in the year to 30 September 2024 the Home Office revoked 103 temporary worker licences.
With UKVI increasing their compliance activities and adopting a stricter approach against sponsors of all types, charities - particularly those with sponsor licences operating in the care and education sectors - should approach 2025 with a particular focus on ensuring their processes for operating their sponsor licences are UKVI-compliant.
In addition to the increase in enforcement action against sponsors, the Home Office have also increased activities against businesses which employ illegal workers. The Home Secretary recently announced that in a nationwide operation in November - Operation Tornado, which targeted nail bars and convenience stores - officers carried out 235 visits and arrested 154 people suspected of working illegally. Civil penalty referral notices worth up to £4 million to more than 50 businesses were issued in that operation alone. And while the Home Office are likely to focus their efforts on the "low-hanging fruit" in certain sectors, penalties of up to £60,000 per illegal worker can be issued to any employer found to be employing someone without the right to work, even inadvertently, so charities need to ensure compliance in this area too.
Salary threshold increase for Skilled Worker sponsorship
On 4 April 2024, the general salary threshold for the Skilled Worker immigration route was increased from £26,200 to £38,700. In addition, the benchmark going rates for individual occupation codes which sponsors also need to meet when sponsoring workers were also significantly increased. For example, a charity administrator sponsored before April 2024 needed to be paid a going rate of at least £23,900, but since April 2024 the going rate is now a minimum of £30,960 and if the candidate in question does not qualify for a discounted salary (eg because they are under the age of 26 or switching from the Student or Graduate visa routes) then the salary will need to meet the general salary threshold of £38,700. Charities may therefore find that sponsorship is no longer possible for some positions.
Charities which need to turn to the immigration system may therefore need to revise their salary bands where possible. The increased salary thresholds do not apply to workers who are already in the Skilled Worker route and were sponsored before April 2024, even when they apply for extensions of stay or to switch jobs. And, as mentioned above, discounts to the salary thresholds continue to apply where the individual being sponsored meets the Home Office's definition of a "new entrant".
The digitalisation of the immigration system
The introduction of eVisas and the Electronic Travel Authorisation (ETA) system in the UK may also pose challenges for migrant workers employed by charities, as they may find it difficult to convert their current visas into eVisas. Issues with transitioning to the new system recently led the government to announce a transitional period to 31 March 2024 during which holders of biometric residence permits which expire on 31 December 2024 will still be able to use those documents to demonstrate to airlines and other carriers that they are permitted to travel to the UK.
Charities should ensure that staff and beneficiaries who hold visas are aware of the requirement to switch to eVisas.