2025 - Global mobility and immigration

Written by Jacqueline Moore and Catriona MacDonald, Thorntons

2024 was, as some might say, a landmark year of changes for immigration law. So what does this mean for the legal profession? 

"How do I move to the UK?" That's what many Americans with British ancestry were asking after President Trump's surprise re-election in November. Minnie Driver, Barbara Streisand and America Ferrera are reportedly among those considering relocation following the US Presidential Election. Wondering how celebrities do it? London-born Driver was born a British citizen. For Oscar-winning Streisand and Emmy-winning Ferrera, the Global Talent visa offers a relatively straightforward route.

This was a fitting coda to a tumultuous year in immigration law, as the departing Conservative UK Government rushed through some of the biggest immigration reforms since Brexit. Their sweeping swan song was intended to bring down net migration at all costs.

Among the changes in April 2024 was a significant increase to the Skilled Worker salary threshold – from £26,200 to £38,700 – and the swapping of the Shortage Occupation List of sectors experiencing acute labour shortages for a much more limited Immigration Salary List. Minimum income requirements increased from £18,600 to £29,000 for families of British citizens. Most students and care workers lost the right to bring their families to the UK.

Following their victory at the UK General Election in July, Labour stuck with most of their predecessors’ reforms. One exception was the 'Rwanda plan', scrapped after months of failing to get off the ground – like the deportation flights repeatedly blocked by legal challenges.

For businesses, 2024 saw a steep increase in enforcement action. Civil penalties for illegal working tripled to £45,000 for a first breach. The Home Office had issued an eye-watering £21.5 million in civil penalties by 30 June 2024. In one widely reported case, a fine dining restaurant where a “famous cherry kebab” set diners back £46 was skewered with a £60,000 fine when four people were found to be working there illegally. The Home Office suspended 1,342 licences and revoked 1,222 in 2024 – compared to 569 suspensions and 337 revocations in 2023. There were also increased criminal prosecutions for compliance breaches.

There are more changes on the horizon in 2025. The digitalisation of the UK Border continues, with eVisas replacing Biometric Residence Permits and physical immigration documents from 1 January 2025. The UK Government made a last-minute concession that these physical documents will be accepted for entry until at least March 2025, though we strongly advise people have an eVisa before travelling to avoid delays or difficulties re-entering the UK.

The Electronic Travel Authorisation (ETA) regime for visitors to the UK has been expanded to include most nationalities who would not normally need a visit visa from 8 January 2025. It will be expanded further to EEA nationals from 2 April 2025. This means people visiting the UK will need to apply in advance for authorisation. For most people, this will be granted automatically, but those with criminal convictions or a chequered immigration history will likely encounter difficulties.

On policy, more rhetoric than reform is on the agenda in 2025. The Migration Advisory Committee (MAC) will review the IT and engineering sectors, along with the minimum income requirement for family visas. There will be a white paper on immigration which we can expect to focus on domestic skills shortages and reducing reliance on international workers.

So what does this mean for the legal profession? First and foremost, immigration compliance must be on every practitioner's radar in 2025. In employment, it is essential that business clients carry out proper right to work checks – the only defence against a civil penalty. In corporate transactions, due diligence must include a review of immigration compliance. This is especially vital for buyers and sellers with sponsor licences. As the number of businesses with sponsor licences grows, so too does the need to be aware of the responsibilities that sponsorship brings. Those dealing with international clients living in Scotland should also be aware that they will now prove their immigration status digitally.  

After a turbulent 2024, there is an appetite for good news. Research published in May 2024 by Migration Policy Scotland found that almost a third of Scots want to see more immigration to Scotland and two thirds say diversity makes Scotland better, despite what felt like a year of UK headlines about small boats and so-called illegal migration.

Immigration lawyers will also be hoping for different headlines in 2025. Perhaps these will highlight the £1.7 billion raised for the NHS by the Immigration Health Surcharge paid with visa applications or the Office for Budget Responsibility’s prediction that higher net migration will mean higher growth and tax receipts of up to £7.5 billion by 2028-2029.

Scotland continues to attract international citizens to live, work and study. The immigration law sector is growing and 2025 will be another big year for immigration lawyers.

Some of us may even see a famous autograph on our next visa application.

Written by Jacqueline Moore, partner and Catriona MacDonald, immigration case worker at Thorntons.