Legal Opinion: Changes to the Skilled Worker & Health and Care Visa Routes (Statement of Changes HC 997 Effective July 2025)

The UK Government’s Statement of Changes to the Immigration Rules (HC 997), effective 22nd July 2025, represents a landmark overhaul of the Skilled Worker and Health and Care Worker routes alongside amendments affecting temporary shortage occupations and sponsorship compliance requirements.

These rule changes aim to refocus the UK’s economic immigration system towards higher-skilled roles, tighten control over lower-skilled labour routes and enhance compliance frameworks for sponsors.

This article provides. a legal analysis and opinion of these key changes, exploring their practical implications and potential legal challenges.

Key Changes and Legal Analysis

1. Increased Skill Level Requirement for Skilled Worker Route

The minimum skill threshold is elevated from an RQF Level 3 (A-level equivalent) to RQF Level 6 (Degree level) for Skilled Worker applications. This effectively excludes many occupations previously eligible under the Skilled Worker route. The Home Office justifies this on economic grounds , aiming to attract “high-skilled” talent and reduce lower-skilled migration. Those already in the UK under existing Certificate of Sponsorship at RQF Level 3 will continue to benefit from transitional arrangements, mitigating risks of abrupt immigration status loss and potential legal claims based on legitimate expectation. While the change aligns with immigration policy goals, it raises concerns regarding the impact on sectors reliant on mid-skilled workers. Employers must conduct rigorous job evaluations and adapt recruitment practices accordingly.

2. Closure of Care Worker Routes from Overseas

The new rules exclude care workers (SOC 6145 and 6146) from overseas recruitment through the Skilled Worker or Health and Care routes. Applicants with a valid Certificate of Sponsorship before 22nd July 2025 can switch within the UK until 22nd July 2028. This marks a significant policy shift, reflecting Government concerns over exploitation in care sector migration. The transitional safeguards reduce immediate legal challenges but may prompt judicial review claims relating to proportionality under human rights law. Employers must verify applicant eligibility carefully to avoid non-compliance penalties.

3. Temporary Shortage Occupation List and Immigration Salary List Changes

The Government has revised the Temporary Shortage Occupation List (‘TSOL’) and Immigration Salary List permitting only certain roles below RQF Level 6 to qualify temporarily. New migrants under these lists cannot bring dependants unless already on the route before the implementation date. Removing family rights for lower-paid workers presents a significant human rights issue, potentially attracting challenges under Article 8 of the European Convention on Human Rights. However, the Government’s intention to limit settlement rights in these categories may withstand legal scrutiny if proportionality is established.

4. Salary Threshold Adjustments

Salary thresholds are adjusted upward for Skilled Worker and Health and Care Worker routes, with no phased implementation. The updated salary thresholds for Skilled Worker and Health and Care Worker routes apply to new immigration applications and extensions made after the effective date. Migrants already in the UK on valid Skilled Worker visas are not affected retroactively by the salary requirements changes. The lack of phased implementation for new applications means employers and applicants must meet the updated salary thresholds immediately upon applying or extending. Existing visa holders continue under their salary terms applicable at their original grant or extension thereby protecting their current immigration status. Employers must urgently review renumeration packages for all new and extension applications to avoid refusals or compliance breaches with the sponsor license obligations. Failure to comply could result in visa refusals and enforcement action against sponsors, but not to the detriment of of current workers’ immigration status unless the sponsor’s license is withdrawn or suspended.

5. Stricter Sponsorship Compliance and Labour Market Testing

The statement mandates enhanced duties on sponsors to demonstrate:

• Genuine vacancy justification

• Evidence of labour market conditions

• Robust record-keeping and reporting

This increases the administrative and evidentiary burden on sponsors. Failure to comply can lead to license suspension or revocation. Sponsors must maintain detailed documentation and implement compliant recruitment procedures to mitigate enforcement risks.

Overall Legal Opinion

The Statement of Changes HC 997 changes represent a strategic tightening of UK immigration controls focused on skills and compliance. While the Government’s objectives are clear, the new rules may face:

• Human rights challenges concerning family separation and settlement restrictions.

• Judicial reviews regarding the abrupt skill level increase without phased transition.

• Increased sponsor liability and compliance demands, necessitating legal support.

These reforms necessitate swift action by employers, sponsors and prospective migrants to navigate the transformed regulatory environment effectively.

How We Can Assist

At Noble Rose Immigration Service, we offer expert UK immigration legal advice and representation on:

• Eligibility assessments under the new RQF Level 6 threshold

• Care worker route transitions and legal risk management

• Navigating Temporary Shortage Occupation List applications

• Sponsor license compliance audits and representation

Contact Us Today to ensure your immigration strategy complies wit the latest rules and avoids costly pitfalls.