UK reforms to begin within weeks, but student levy requires legislation

Following on from the release of the UK government’s immigration white paper last week, a research briefing has been released on May 21, answering some frequently asked questions about the changes.

While no fixed date has been set for the proposals to take effect, the changes will be rolled out over the course of this parliament, running through to 2029, with some measures expected “in the coming weeks”.

The briefing emphasises that a white paper does not, in itself, alter the law or immigration rules. Instead, it outlines the government’s intentions, meaning many specifics – including exact implementation dates – remain unconfirmed.

Speaking at a PIE webinar on May 21, Pat Saini, partner and head of immigration practice at Penningtons Manches Cooper, urged stakeholders to stay engaged.

“How many of these changes will come into play is yet to be seen,” she said. “It sends a strong message to the sector that we do need to be lobbying. We do need to be talking to the right people and presenting the arguments.”

Most proposed changes can be implemented through amendments to the immigration rules and do not require an Act of Parliament or statutory instrument, with the exception of the proposed levy on higher education provider income from international students. 

The government is assuming that the controversial levy on institutions’ international income stream would be passed onto students as increased tuition fees, hiking the cost of coming to study in the UK. Stakeholders have since raised concerns about the already high costs faced by international students in the UK, warning that the proposed tax could undermine the country’s appeal as a study destination.

How many of these changes will come into play is yet to be seen
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The higher education levy caught much of the sector off guard, with many highlighting the already precarious state of university finances in England – the part of the UK the levy is believed to target.

Beyond a vague assurance that the funds will be “reinvested into the higher education and skills system,” the government has offered little detail on how the money will actually be used.

While a final decision on the levy will be set out in the Autumn budget later this year, the white paper models a tax of 6%.

The new briefing also acknowledged that the extension of qualifying period for indefinite leave to remain has attracted significant media attention, however it suggested that no immediate change is planned, with a consultation on this aspect of the white paper is expected “later this year”.

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