Immigration lawyers said some clients were already
withdrawing job offers because they would need to pay much higher salaries to
people recruited on skilled worker visas from April. This is on top of a big
increase that took effect this week in the fees charged for overseas staff to
use the NHS.
Other companies have brought forward hiring plans and
renewed visas for existing employees ahead of time, in an effort to secure
their status before costs rise. At the same time, the Home Office is stepping
up scrutiny of employers in a clampdown on visa fraud and labour abuses.
Lawyers said the changes — part of government reforms aimed
at cutting inward migration by 300,000 a year ahead of the next election — had
resulted in a logjam of applications and a daily fight to secure the few slots
on offer for fast-track processing.
“There is a last-minute rush to get in under the wire,” said
Nicolas Rollason, head of business immigration at law firm Kingsley Napley.
The Home Office said it did not recognise claims of delays,
adding: “All applications for certificates of sponsorship, which meet
government requirements, are fulfilled within our published service
timelines.”
But Chetal Patel, head of immigration at Bates Wells, said
employers were “panicking” as time ran out to hire on current salaries, and
writing clauses into contracts so they could claw back visa fees if recruits
left jobs early.
Uncertainty over the details of the new rules has heightened
businesses’ concerns. In December, home secretary James Cleverly said the main
salary floor for skilled worker visas would rise from £26,200 to £38,700 from
April.
The increase could price out employers in sectors such as
hospitality and manufacturing who use the system to fill roles ranging from
chefs to welders.
“We are seeing an impact. People are losing jobs,” said Ben
Sheldrick, managing partner at Magrath Sheldrick. He cited one client who had
dropped plans to hire a specialist jeweller from India, and others who were
rethinking graduate recruitment.
But in many higher-paid professions, the salary threshold
specific to a worker’s role will rise even more sharply. At present, the Home
Office publishes a “going rate” for each occupation eligible for skilled visas,
set at the 25th percentile of the UK earnings distribution.
Employers must match this going rate if it is higher than
the £26,200 floor. The Home Office now plans to bring salaries in line with
median full-time earnings for each occupation “to deter employers from
over-relying on migration”.
It is also reviewing a “shortage occupation list” of roles
where employers are allowed to pay 20 per cent less than the usual going rate,
which will be rebadged as an “immigration salary list”.
Lawyers said in many cases the new rules would in effect
restrict the visa system to high-paying London firms and senior staff, at the
expense of regional businesses, start-ups and recent graduates.
Naomi Hanrahan-Soar, partner at Lewis Silkin, cited a
recruiter in Northern Ireland struggling to fill more than 100 engineering
roles. “These are on big projects but, because they are regional, they simply
do not meet the new salary threshold,” she said.
A rise of more than 40 per cent in the salary floor for
programmers would be “problematic” for tech start-ups in a tougher fundraising
environment, Rollason said. “If they try to extend the [funding] runway by
reducing salaries for someone with equity in the business . . . they
will have little flexibility.”
The changes also create an acute dilemma for professional
services firms, which recruit large numbers of international students from UK
universities.
Overseas students can work in Britain on a graduate visa for
two years and on a salary 20 per cent below the usual minimum for skilled
worker visas until the age of 26. But even if the Home Office maintains this
discount, employers would in future have to pay them much more than British
counterparts after a few years in the job.
This is a problem even in sectors such as accountancy and
consulting, where starting salaries at smaller companies fall far short of the
eye-watering sums on offer at the top global players.
But it could change the face of professions such as
architecture, where London-based practices have traditionally drawn recruits
from all over the world while selling services in international markets.
“It will be a car crash,” said Stephen Drew, a recruiter and
founder of job website Architecture Social.
An architectural assistant who had studied for five years,
but was not yet qualified, could earn about £30,000 in London — above the
current going rate for a visa, but well below the likely new level. Even
experienced architects often come to the UK on low salaries initially while
gaining local accreditation, Drew said.
Karen Phillips, human resources director at Building Design
Partnership, a London-based practice with 10 studios worldwide, said the
cosmopolitan nature of the workforce brought “diversity of thought in design”,
as well as language and technical skills.
Oliver Lowrie, co-founder of practice Ackroyd Lowrie, which
hired two architects on skilled visas last year, questioned the merits of a
policy that — on Home Office estimates — will cut net migration by just 15,000
annually.
This will barely dent overall net migration, which totalled
672,000 in the year to June. But it is equivalent to almost a quarter of the
skilled worker visas issued in the last year outside the health and care
sectors.
“London is one of the design capitals of the world . . . we’re
a magnet for talent,” Lowrie said. “We export skills, the top practices make a
third of their revenues overseas. The current ecosystem is good — there’s no
point cutting the legs off.”