The UK's immigration rules are undergoing significant changes in 2024, with implications for families, workers, and employers. The new minimum income threshold for spouse and partner visas, the introduction of the Immigration Salary List, and the increased salary threshold for Skilled Worker visas are all part of the government's efforts to manage migration and ensure a prosperous future for the country. As the deadline for these changes approaches, it is essential for those affected to stay informed and prepare accordingly.

 

 

The key changes to the Immigration Rules:

 

 

 

Changes to Health and Care Worker for Dependants: 11 March 2024

 

The Home Office has announced changes for care workers and senior care workers which will come into effect on 11 March 2024. Social care workers will not be allowed to bring dependants (that is, partners and children) on their visas. This applies to those whose job occupation code is either 6145 or 6146. Other job occupation codes as part of the Health and Care Worker visa are unaffected by these particular changes.

 

Care workers and senior care workers already in the Health and Care Worker route will be able to remain with their dependants, including extending, changing employer (within the above SOC codes) and settlement.​

 

Where a care worker or senior care worker is in the route before the Immigration Rules change but has not yet brought dependents, they will still be allowed to bring dependents during their sponsorship on the route.

 

Additionally, from 11 March 2024, care homes in England will be required to be regulated by the Care Quality Commission (CQC) to sponsor migrants under the Health and Care Worker visa route.

 

Care providers who were sponsoring workers in exclusively non-regulated activities (and therefore were not required to be registered with the CQC) before the rules change will be able to continue to sponsor these workers, including for extensions to their visa on those terms, but not hire new ones.

 

 

Introduction of Skilled Worker Salary List: 14 March 2024

 

The UK's Shortage Occupation List is set to undergo significant updates in 2024, with the introduction of a new Immigration Salary List replacing it. The changes aim to address concerns such as the economic impact of low-wage workers, the cost burden on employers, and financial struggles for migrant workers. The Migration Advisory Committee has recommended various solutions to enhance the effectiveness of the list, including adding occupations and revising salary thresholds. The changes are expected to come into effect on 14 March 2024 as part of the Spring immigration rule changes.

 

Employers should anticipate a reduction in the number of occupations on the list, potentially impacting recruitment strategies in specific industries.

 

 

Skilled Workers Face Higher Salary Threshold: 4 April 2024

 

From 4 April 2024, the minimum salary threshold for a Skilled Worker visa will rise to £38,700 per annum.

 

Those already on the Skilled Worker visa route before the Immigration Rules change will not be subject to the new threshold when they change employment, extend their stay or settle in the UK. The Home Office will, however, expect their pay to progress at the same rate as resident workers when they next make an application to change employment, extend their stay, or settle. 

 

Those coming on the Health and Care Visa route will be exempt from the £38,700 salary threshold applicable to Skilled Workers, as will education workers in national pay-scale occupations. 

 

The remaining jobs, which make up around 30% of visa grants and are mostly found in the private sector, would be affected by the rise in the minimum income threshold for skilled workers. However, it's important to consider that many of the migrants occupying these jobs already make a higher salary than the recently set £38,700 threshold, even for this group of employees.

 

The impact of the increase will thus be most apparent in middle-skilled jobs, such as butchers and chefs, where median incomes hover around £26,000, like the current salary level, as noted by the Migration Observatory. Small firms, typically pay a little less, which makes them more vulnerable to the effects of the higher threshold.

 

Salaries being paid to existing employees will not be impacted immediately. It is uncertain whether transitional measures will be implemented when they are required to renew their visas.

 

Furthermore, it is still unclear if sponsored skilled workers applying through the Skilled Worker route will be eligible to receive less than £38,700 in cases where, as is the case now, they are given extra "tradable points" for additional attributes like being a new entrant or having an offer for a position in a shortage occupation. The appropriate minimum is yet unknown if they are eligible to be paid less than the new general salary threshold of £38,700.

 

 

The minimum income threshold for a Family visa will rise: 11 April 2024

 

Starting 11 April 2024, the minimum income threshold for spouse or partner visa applicants will rise to £29,000.

 

This change to the minimum income requirement for partners applying under Appendix FM will be brought in via a Statement of Changes to the Immigration Rules that will be laid before Parliament on 14 March 2024.

 

Individuals who are already on the five-year partner route before the minimum income requirement is increased on 11 April 2024 and who wish to apply to extend their stay or settle in the UK will continue to be assessed against the £18,600 income requirement and will not be required to meet the increased threshold of £29,000. 

 

Similarly, individuals who apply for a partner visa on the five-year partner route before the minimum income threshold is raised from £18,600 on 11 April 2024, will have their applications assessed against the current £18,600 income requirement and will not be required to meet the increased threshold of £29,000.

 

The UK government has decided to bring the rules for unmarried partners of British citizens in line with existing rules for other visa holders. In addition, the definition of 'Partner' for unmarried partner visa applicants has been updated, removing the requirement for two years of cohabitation. The changes reflect the government's efforts to strike a balance between family reunification and ensuring migrants can support themselves financially.

 

This change is devastating for many people who just about meet the existing financial requirements. A wide range of individuals are impacted. Changes to worker visa requirements will have serious impacts on companies reliant on overseas labour, many of which might be unable to meet the significantly increased salary thresholds and will have very little time to find an alternative.

 

Furthermore, the measures will split up a lot of families because most workers are unable to meet the income requirement, which will keep them from applying for family visas.

 

Organisations are asked to review schedules to decide whether recruiting plans and sponsorship may be pushed forward to fill any gaps that may arise from failing to satisfy the new minimum requirements.

 

Similarly, if the current income requirement can be satisfied, planning to move to the UK could also need to be accelerated for families who would struggle to achieve the new minimum financial requirements.

 

For expert advice and assistance in relation to a UK visa application, please contact us or leave a message.