United Kingdom – New Statement of Changes in Immigration Rules Published

Background 

On 4 December 2023, the U.K. Home Secretary announced a five-point plan to reduce net migration to the United Kingdom.²  One of the key drivers for this was the intention to reduce net migration levels which were at a record level in the past year.  The announcement was also driven by the government’s prioritisation of the plan to increase the domestic workforce through its “Back to Work Plan.”  Home Secretary, James Cleverly stated at the time: “My plan will deliver the biggest ever reduction in net migration and will mean around 300,000 people who came to the U.K. last year would not have been able to do so. I am taking decisive action to halt the drastic rise in our work visa routes and crack down on those who seek to take advantage of our hospitality.”³   

The measures which were announced included for example: an increase in the minimum general salary threshold for occupations under the Skilled Worker route; elimination of the ability for Health and Social Care Visa Workers to bring dependants to the U.K.; removing the salary discount for occupations on the Shortage Occupation List; increasing the financial requirements for those applying for family visas; and announcing a review of the Graduate visa route. 

Further Details 

The key changes are summarised below and will require employers to assess the impact of the changes to the salary thresholds for both their current and future sponsored worker population:

Skilled Worker: increases to the immigration salary requirements

Employers must pay Skilled Workers at least the general salary threshold or the going rate for the individual occupation, whichever is higher.  Both these thresholds will be increasing from 4 April 2024, and will be based on the latest Office for National Statistics (ONS) pay data.

• The minimum general salary threshold will increase from £26,200 to £38,700.
• The going rate for the individual occupations will be raised from the 25^th percentile to the median.
• Where a 20-percent discount applies to the general salary threshold, the minimum general salary threshold will increase from £20,960 to £30,960.
• All other existing Skilled Worker salary discounts, relating to holders of relevant PhD qualifications, “new entrants” to the labour market, and national pay scale occupations, are being retained and updated, based on latest ONS pay data.
• Transitional arrangements will apply to Skilled Workers who are already in this route or whoapply based on a Certificate ofSponsorship issued by 7pm on 2 April 2024 if they are making an application to extend their stay, change employment, or settle.
• The minimum general salary threshold will increase from £26,200 to £29,000 for those who fall under the transitional arrangements.
  • The going rate for Skilled Workers falling under the transitional arrangements will remain at the 25^th percentile but will be based on the latest ONS pay data and/or the latest available national pay scales.
  • The transitional arrangements will only apply to applications filed before 4 April 2030.
  • Those coming on the Health and Social Care visa will be exempted from the increase to the minimum general salary threshold for Skilled Worker visas.
• However, they will be subject to the new minimum general salary threshold of £29,000 and the going rate that is applicable on the date of application (whichever is higher).

Removal of discount for occupations on Shortage Occupation List

• The government will be reforming the way individuals working in short-staffed sectors can apply to come to the United Kingdom.
• The Shortage Occupation List is being removed and replaced by a new Immigration Salary List.  The roles included on the Immigration Salary List are those where the government considers it sensible to offer a discounted salary threshold, as opposed to a list of all occupations experiencing labour shortages.
• The U.K. government has adopted the Migration Advisory Committee’s recommendation to no longer allow employers to benefit from a 20-percent discount to the minimum salary threshold for occupations on the Shortage Occupation List.
• Changes will be made relating to the right of asylum seekers to request permission to take up employment in line with the replacement of the Shortage Occupation List with the Immigration Salary List.

Skilled Workers and supplementary employment

• Skilled Workers will be able to undertake supplementary employment in any occupation which is eligible for sponsorship, as opposed to being restricted to undertaking a role in a shortage occupation, or in the same profession and at the same professional level as the job for which sponsorship has been obtained.
• To undertake supplementary employment, the Skilled Worker will need to remain working for the sponsor in the job for which the Certificate of Sponsorship was issued.  The other employment cannot exceed 20 hours per week and must take place outside the hours when the person is contracted to work for his/her sponsor.

Global Business Mobility (GBM) routes: increases to the immigration salary requirements

• For Senior or Specialist Workers in the GBM routes, the general salary threshold is being updated from £45,800 to £48,500.  Going rates will also increase in line with latest ONS pay data.
• For Graduate Trainees, the general salary threshold is being updated from £24,220 to £25,410 and going rates remain based on 70 percent of the 25^th percentile, updated to the latest ONS pay data.
• For the Scale-up route, the general salary threshold is being updated from £34,600 to £36,300, with going rates being updated in line with the latest ONS pay data.

Increased financial requirement for family applications

• U.K. nationals seeking to sponsor foreign national dependants will see a drastic increase in the amount they need to earn to evidence they can support their dependants financially.
• The financial requirement for a family visa will be raised from the 2012 rate of £18,600 to £38,700, with the increases being introduced in phases before the £38,700 threshold needs to be met.
  • From 11 April 2024, the financial requirement will increase to £29,000.
  • It will then increase to £34,500 and then £38,700, with the implementation dates yet to be confirmed.
• There will no longer be a separate child element to the minimum income requirement.
• There are transitional arrangements in place for those who, before 11 April, already have a family visa within the fiancé/fiancée or proposed civil partner or five-year partner route, or who applied before 11 April and are being granted.

Applying for settlement via the 10-year long residence route

• There will be changes to the ways in which the requirement for continuous residence can be met.  For example, time spent in the Channel Islands or Isle of Man cannot be counted toward the qualification period for continuous residence.
• A policy change is being introduced whereby applicants must have had their current permission for one year (or have been exempt from immigration control within 12 months immediately before their application) to qualify for settlement under this route.