Immigration to help transform the UK into an AI superpower

On 13 January 2025, an ‘AI Opportunities Action Plan’ was presented to Parliament by the Secretary of State for Science, Innovation and Technology.

UK Prime Minister Keir Starmer’s response to the Plan is available online.

The Plan, led by tech entrepreneur Matt Clifford, contains 50 Recommendations to propel the UK forward in AI by:

• Growing the UK’s?AI?sector
• Driving the adoption of?AI?across the economy (to boost growth)
• Improving products and services

Keir Starmer’s written response to the Plan, is, in general terms, full of ardour – reinforcing Labour’s recognition of the importance of AI in all aspects of life, from health and education to bookkeeping and engineering.

The response strongly reinforces Labour’s commitment to maintaining the UK’s global position as an AI leader.

We are particularly interested in the Plan’s Recommendation 21, a proposal to make UK immigration routes more attractive to AI talent overseas (particularly elite graduates).

You can read Recommendation 21 for yourself here, alongside the government’s response to Recommendation 21 (and what this response means for UK immigration).

AI Opportunities Action Plan, Recommendation 21:

“21. Explore how the existing immigration system can be used to attract graduates from universities producing some of the world’s top AI talent. Graduates from some leading AI institutions, such as the Indian Institutes of Technology and (since 2020) Carnegie Mellon University in the US, are not currently included in the High Potential Individual visa eligibility list. Government should take steps to develop new pathways, and strengthen existing ones, to support these graduates. It should also explore how best to address wider barriers like the cost and complexity of visas which create obstacles for startups and deter overseas talent from re-locating to the UK”

Written Response to Recommendation 21:

“Partially agree.?The Industrial Strategy will set out how the UK will attract highly skilled?AI?workers from abroad. The UK offers internationally competitive visas that can support a range of individual needs, including for talent to join UK-based organisations or to start their own business. Talented?AI?graduates from institutions not on the?HPI?eligibility lists can enter the UK through any one of a number of other visa routes, including Skilled Worker, Innovator Founder, Government Authorised Exchange and Global Talent.”

Government’s intention

Hesitantly replying (in partial agreement with Recommendation 21), the government highlights that there are already routes for top AI talent to come to the UK (Global Talent visa, High Potential Individual visa etc).

“Knee-jerk” changes to changing economic needs have backfired for previous governments (see the catastrophic expansion of care worker visas in 2022) so this initial caution is understandable.

Despite the restrictive and expensive nature of the current system, the government do not seem to have any appetite for creating new visa routes for AI talent or for implementing any radical shakeups of the immigration system.

The government will maintain consistency within the existing structure of the immigration rules and (somewhat ironically perhaps) they would prioritise continuity over change for AI talent visa routes.

Possible Enhancements

If radically new visa options for AI specialists / Elite AI graduates are a step too far, the government could also consider enhancing existing routes and rules to make them more attractive:

• Fine-tuning existing routes, such as the skilled worker route, to make it faster and easier to secure sponsorship.
• Reduce costs for AI specialists in existing routes. With the immigration health surcharge alone topping ￡5,175 for a 5-year visa), fee discounts would be a sensible way to make immigration to the UK more attractive to applicants.
• Expanding the list of eligible institutions for the High Potential Individual Visa (HPI). Recommendation 21 highlights that the High Potential Individual route (non-sponsored temporary work route) does not include two of the leading AI institutions as eligible universities (from which the applicant must have graduated, to get the visa).

There is fierce international competition to attract the top AI talent. Compromises to the immigration system, like those mentioned above, could help make the UK more welcoming for international AI talent.

In conclusion

The AI Opportunities Action Plan proposes to boost visa options for AI talent.

With a less-than-enthusiastic response, we can expect that the government will be doing less “boosting” and more “nudging” – by promoting and encouraging migration through existing channels, rather than opening new visa routes for AI talent. However, we should watch this space.

Changes for “AI visa” applicants (be it relaxation of existing routes, fast-tracking visa applications or reductions in current visa fees) are a real possibility and, if taken up, could even be implemented as early as Spring (2025).

Assigning COS to Skilled Workers: small tips to avoid big sponsorship fails

“We would like to remind you that Senior Carers oversee other care workers and are not supposed to be providing care services as their primary duty. Please remember this as the duties of the workers will be investigated if there is a compliance visit in the future.” -Home Office decision letter, Post-Licence Priority team, November 2024.

The above tip was included in a recent decision letter granting two undefined COS to a care company.

Let’s look a bit closer at what this paragraph actually means.

Carer v Senior Carer

As we know, every job for sponsorship must be matched to the most appropriate Standard Occupational Classification (SOC) on the Office of National Statistics (ONS) current list (2020). Each SOC has a corresponding 4-digit number.

• Care workers and home carers – 6135 (SOC 2020)
• Senior care workers – 6136 (SOC 2020)

These were formerly known as 6145 and 6146 under SOC 2010.

Making the SOC match

The best match is not determined by job title alone.

Factors like the experience required, the seniority of the position, and the qualifications needed all play a part in making the right selection.

If you are in a similar situation, trying to decide if 6135 or 6136 is the best SOC match, here are a few things to consider:

• You must check the full job description, considering not only the duties but also the requirements.
• You should consider where the role falls on the organisation chart - who the person reports to, and who reports to them.

With the job description and organisation chart to hand, you can boil it down to a few key questions:

• How much of the role involves direct care (percentage of time) vs supervisory work?
• Does the person need any prior Health and Care training, certifications or qualifications?
• How many years of experience is needed?
• Most importantly, does the person have any direct reports? If the answer is ‘no’ then SOC 6136 would not be the best match.

Look beyond the job title

If you said…

“Our senior carers dispense medicine, carers do not”

“Our senior carers have longer experience in care, but do not supervise other staff”.

… the Home Office would raise concerns that your COS (senior carers) may not have been correctly assigned.

A COS may have been incorrectly assigned if the worker:

• Exclusively delivers care to clients
• has few or no supervisory duties; and
• the difference between the senior carer and other carer roles is slightly divergent duties (like dispensing medicine).

If you find out retrospectively that an incorrect SOC has been used – all is not lost. An incorrect SOC can be corrected but we recommend seeking legal advice before taking any further steps.

Key Take away

For sponsors assigning COS without legal support, small hints like this one from the Home Office can help avoid catastrophic mistakes.

But, while helpful, generic advice sometimes raises more questions than it answers.

Choosing the incorrect SOC can be costly and time-consuming to correct.

If a wrong SOC is discovered by the Home Office before you’ve had a chance to rectify the error, it could even lead to your licence being suspended and your employee’s visa getting cancelled.

It is always a good idea to seek tailored legal advice when matching a role to the relevant SOC for sponsorship, and, if you’ve already assigned multiple COS through your SMS, it is worth conducting a periodic review of your sponsorship records with an expert.

Key Notes for ILR holders

You have accrued 5 years’ lawful UK residence in a qualifying visa category (or combination of categories) and now qualify for indefinite leave to remain.

Before (or after) you apply for this highly regarded status, please look at these notes, as they could be helpful to you later!

Our notes cover:

• Maintaining your ILR (how long you can be overseas once your ILR has been granted and options for if you exceed the time limits); and
• Visa options for your current or future family (partner, children); and
• Planning towards naturalisation as a British Citizen (timing, absences from the UK, character requirements).

Travel overseas

ILR means you are “free from immigration restrictions”.

However, this status can automatically “lapse” or even be taken away by the UK Home Office.

A common way of “losing” ILR is by staying outside the UK for more than 2 consecutive years (note that this period is longer for those with EUSS status).

If you have stayed outside for more than the permitted duration and your status has automatically “lapsed”, you may be able to apply for a ‘returning resident’ visa.

To make a successful application as a Returning Resident, you’d need to show ties to the UK (like family, property etc) and be ready to give compelling reasons for your long absence from the UK (caring for a relative, humanitarian work etc).

The application currently costs ￡637, and biometrics must be taken at a visa application centre overseas, as part of the process.

If you left the UK with ILR and would like to return after your ILR has lapsed, it is worth speaking to a lawyer to discuss your options.

Family members

Perhaps you have a family living with you in the UK, and they hold dependent visas.

In that case, key things for you to remember here are:

Dependent Partner

• Your dependent partner needs to complete a 5-year qualifying period in their own right as a dependent visa holder (if they joined you later, this may mean they need to extend their visa as a PBS dependent to complete 5 years – if in doubt seek advice)

Dependent Children born inside and outside the UK

• Your dependent child does not need to complete a qualifying period – but, unless you have sole responsibility (or there are other compassionate reasons) both parents must have (or be applying for ILR) in order for the child to qualify for ILR .
• A child born in the UK to a parent who has since got ILR is British by Birth.
• A minor child born inside the UK to a parent who has since got ILR is entitled to Register for citizenship. In many cases, the cost-effective decision is for your child to apply directly for Citizenship once you gain ILR (since citizenship is their entitlement) but each case should be reviewed on its own merits!
• A minor child born outside the UK to a parent who has since got ILR may be able to Register for citizenship on a discretionary basis, normally when the parents are naturalising too (each case should be looked at on its own merits and these applications depend heavily on both parents’ immigration status).

You should regularise your children’s stay where required.

Family of a Settled person

If you secure ILR and are now looking to sponsor a partner or children who have not already got dependent visas, then you should be looking to the Family Routes to sponsor their visas.

Partner applications (also known as Appendix FM) can be very complex (and require lots of documentary evidence, especially to meet the “minimum income requirement” (MIR)) so good advice is invaluable to ensure you are on the right track in supporting your family.

Child applications (for parents with sole responsibility) need special attention to ensure the requirements are met and proven.

Naturalisation after ILR?

Naturalisation is normally the final step in your immigration journey. Citizenship is permanent.

Unlike, ILR, there are no time limits on how long you can be outside the UK as a British Citizen.

As a naturalised citizen, your children, even if born outside the UK, would also be British by descent (automatically British).

Citizenship can be revoked, but revocations are usually due to serious criminality (and/or fraud) by the applicant.

Key things to hold in mind when planning for naturalisation are:

• You must intend to make the UK your main home at the date of your naturalisation application. If you apply with an overseas job offer and/or plan to live overseas after naturalising (coming to the UK only for visits), your naturalisation application will be refused.
• There is a ‘good character’ requirement for naturalisation – this is different from when you applied for ILR - you should seek advice to ensure that any debts or penalties (civil or criminal) or sentences you might have received would not stop you from making a successful application.
• Most adults need to hold ILR for at least 12 months before they can apply for naturalisation (those who are married to a British Citizen do not need to wait 12 months, though they need to hold ILR at the date of application).
• Remember that (unlike ILR) there is no “28-day rule” so (unless married to a British Citizen) you cannot apply 28 days before completing your 12 months with ILR – you need to complete 12 months with ILR, to become eligible for naturalisation.
• You may have completed a 5-year qualifying period for ILR – but the residence requirements (and absence limits) are very different for naturalisation (and much stricter), so be careful and seek advice and ensure that you qualify, before applying!