On December 4th, 2023, the UK government made a significant announcement regarding the immigration system. The government introduced a comprehensive package of measures aimed at curbing abuse of the immigration system and delivering the biggest-ever cut in net migration. The measures included stricter regulations and enforcement measures to ensure that only those who meet the eligibility criteria can enter and remain in the country. The government also pledged to work with the business community to prioritise recruiting and training British workers, thereby reducing reliance on foreign workers. The government’s ultimate goal is to create a fair, efficient, and sustainable immigration system that benefits the UK and those who wish to come to the country.
The UK government has recently introduced a five-point plan that aims to significantly reduce the number of people migrating to the country by approximately 300,000 annually. This decision has been made in light of official figures that revealed a record of 745,000 net migration in 2022.
The government has now released
As part of the new plan, changes will be gradually implemented throughout 2024, impacting migrants applying for family visas, Skilled Worker visas, and overseas care workers who come to the UK under the Health and Care Worker route. The government has now released additional information to provide greater clarity for employers and affected migrants.
It’s important to note that until the Immigration Rules are amended, the current thresholds and policies will remain in place. However, the government will release full details of transitional provisions when further policy details are announced.
The changes expected to be introduced in 2024 include an expansion of the Shortage Occupation List, enabling skilled workers to move to the UK more easily. Additionally, new rules will be introduced to ensure that migrants who come to the UK through the family route can support themselves financially, reducing the burden on taxpayers.
The government also plans to introduce new health and care visa routes for eligible overseas professionals to address the shortage of workers in the sector. Finally, changes will be made to the Global Talent route to make it easier for highly skilled workers to come to the UK.
The new plan is expected to impact immigration to the UK significantly, and it’s essential for employers and affected migrants to stay informed about the upcoming changes.
Health and Care Worker visa
The UK government has recently announced that it will be introducing stricter regulations for overseas care workers arriving in the UK under the Health and Care Worker route. This move comes after the government issued 101,000 Health and Care Worker visas to care workers and senior care workers in the year leading up to September 2023. During this period, an estimated 120,000 visas were also granted to the family dependants of these care workers.
Under the new rules, care workers can no longer bring their family dependants to the UK. In addition, care providers in England who wish to sponsor overseas care workers must offer services regulated by the Care Quality Commission (CQC).
To provide further clarity on these changes, the Home Office has issued the following guidelines for care workers and their employers:
– Care workers (SOC code 6145) and senior care workers (SOC code 6146) who are already in the UK under the Health and Care Worker route will be allowed to remain with their family dependents. They will also be permitted to change employers within these SOC codes, extend their stay, and become eligible for settlement.
– Care workers or senior care workers who are already on the route but have yet to bring their family dependents to the UK will be allowed to do so during their sponsorship on this visa.
– Individuals currently in the UK under any other immigration route, including those that permit dependants, will not be allowed to stay with or bring over their family dependants when they switch to the Health and Care Worker visa as a care worker or senior care worker after this date.
– Care providers who were sponsoring workers in activities that were not regulated by the CQC before the rule change will be able to continue sponsoring their current workers. However, they will not be permitted to hire new workers under the Health and Care Worker visa for non-regulated activities.
These new rules for Care Workers and Senior Care Workers are set to be implemented as early as possible in 2024. These changes will ensure that the UK’s health and care sector is staffed by highly skilled and qualified individuals dedicated to providing patients with the highest level of care.
Increase the salary threshold
The UK government will introduce new changes to the salary threshold for Skilled Workers in Spring 2024. The current threshold of £26,200 will be increased by almost 50% to £38,700, which will encourage businesses to invest in their workforce and prioritize British talent. Individual occupation ‘going rate’ thresholds will also be raised in line with the median full-time wage for equivalent jobs in 2023.
The government hopes this will deter employers from over-reliance on overseas labour. By increasing the salary threshold, the government aims to make it more challenging for businesses to seek out migrant workers rather than investing in and training UK-based talent.
Individuals already in the UK on a Skilled Worker visa will not be affected by the new median salary levels if they change sponsor, extend, or settle. However, the Home Office will expect their pay to progress at the same rate as resident workers, which means they will be subject to the updated 25th percentiles using the latest pay data when they next apply to change employment, extend their stay, or settle.
In addition, those coming to the UK on a Health and Care Worker visa and those on national pay scales, such as teachers, will be exempt from the salary threshold increase. The government recognizes these professions’ importance and contribution to the UK. Therefore, these individuals will not be affected by these changes.
These changes will be introduced in April 2024 via the Immigration Rules. The government believes these changes will help create a fairer system in which businesses are encouraged to invest in the UK workforce and hire British talent first.
Reform the Shortage Occupation List (SOL)
The UK government has recently announced its plans to introduce reforms to the Shortage Occupation List (SOL) to tackle the issue of cheap labour from overseas. The current SOL will undergo a renaming, and it will now be called the Immigration Salary List (ISL).
The Migration Advisory Committee (MAC) will be responsible for determining which of the current SOL occupations should remain on the list based on the new salary thresholds. This advisory committee will be asked to provide guidance on the salary levels for each occupation so that employers can determine whether they can afford to recruit from overseas.
It is important to note that the current SOL will remain in place until the new salary thresholds are set in late Spring. Once the new salary thresholds are implemented, the MAC will review and ensure the SOL is up-to-date and relevant.
The Home Office has scheduled the MAC to begin this work in January 2024. This will give the committee sufficient time to review the current SOL, consult with stakeholders, and provide guidance on the new salary thresholds.
In summary, the UK government is taking steps to address the issue of cheap labour from overseas by introducing reforms to the SOL, which will be renamed the ISL. The MAC will advise on which occupations should remain on the list based on new salary thresholds, and the current SOL will remain in place until the new thresholds are set in late Spring.
Minimum income requirement for family visas
The new minimum income requirement for family visas will now align with the minimum general salary threshold for skilled workers, which means that the minimum income requirement will be more than doubled, rising from the current £18,600 to £38,700. The change aims to ensure people can only bring their dependents to the UK if they can support them financially. It will apply to all British and settled sponsors under the five-year partner route.
To provide greater clarity and predictability to families, the Home Office will incrementally increase the minimum income for family visas in stages. Starting in Spring 2024, the threshold will be raised to £29,000, which is the 25th percentile of earnings for jobs at the skill level of RQF3. It will then move to the 40th percentile (currently £34,500) and finally the 50th percentile (currently £38,700 and the level at which the General Skilled Worker threshold is set). This will help families plan their finances better and prepare for the minimum income requirement.
Furthermore, there will no longer be a separate child element to the minimum income requirement. This is to ensure that British nationals are not treated less favourably than migrants who are required to meet the General Skilled Worker threshold as a flat rate, regardless of any children being sponsored. The new rules will apply to all British and settled sponsors under the five-year partner route.
The Home Office has provided further information for families on the changes. Those who already have a family visa within the five-year partner route or who apply before the minimum income threshold is raised will continue to have their applications assessed against the current income requirement and will not be required to meet the increased threshold. This will also be the case for children seeking to join or accompany parents. However, anyone granted a fiancée visa before the minimum income threshold is raised will also be assessed against the current income requirement when they apply for a family visa within the five-year partner route.
It is crucial to understand that individuals who are already in the UK on a different route, such as a student visa, work visa, or any other visa, and wish to switch to the five-year partner route after the minimum income requirement has been increased will be subject to the new income requirement. This means they must prove they meet the new minimum income level required to sponsor their partner’s visa.
The new income requirement, expected to come into effect soon, aims to ensure greater financial stability and security for families who wish to settle in the UK. The requirement is intended to ensure that the sponsor has sufficient financial resources to support their partner and any dependents without relying on public funds.
It is essential to note that the new income requirement will not apply to individuals who have already been granted a partner visa or those who applied before the changes came into effect. However, those who apply after the changes come into effect will be required to meet the new income threshold.
Overall, the changes are intended to provide families with better financial security and a greater chance of settling in the UK.
Graduate visa route
The UK government has asked the Migration Advisory Committee (MAC) to conduct a comprehensive review of the shortage occupations and Graduate visa route. This review aims to prevent the abuse of the Graduate visa route and ensure that it operates in the best interests of the UK.
The MAC will assess the Graduate visa route to ensure that the integrity and quality of the UK higher education system is maintained. They will examine whether the current system is aligned with the UK’s priorities and make recommendations for any necessary improvements.
The Home Office will commission the MAC in January, and the work is expected to continue until late 2024. The review will involve engaging with stakeholders, conducting surveys, and analyzing data to ensure a comprehensive and evidence-based report is produced.
Overall, this review will help the government make informed decisions regarding the graduate visa route, ensuring that it continues attracting the best and brightest talent to the UK while maintaining the integrity of the country’s education system.
Intended to reduce the number of low-skilled workers
In the UK, there have been recent updates to the immigration rules that may have far-reaching implications for migrants who wish to live and work in the country by 2024. The new regulations include changes to the points-based system, making it harder for many people to qualify for visas and work permits. The changes will also impact the salary threshold, which will be raised to £25,600 annually for most workers. This means that many migrants who earn less than this amount may find it more challenging to secure a visa.
In addition, the new rules will create significant challenges for employers who wish to bring in migrant workers from overseas. The changes will require employers to apply for visas for their overseas staff, which will involve increased costs and paperwork. This is expected to particularly impact industries with lower wages, such as hospitality, agriculture, and social care. These industries may need help finding enough qualified staff to meet their needs, which could impact their profitability and ability to function effectively.
Overall, the new immigration rules are expected to impact migrants and employers in the UK significantly. While the changes are intended to reduce the number of low-skilled workers coming to the country, they may also create challenges for businesses that rely on migrant labour and migrants who wish to make the UK their home.
