The UK Government has recently unveiled a five-point immigration program aimed at reducing net migration. Among the key changes are raising the minimum salaries for skilled foreign national workers and family visa sponsors, as well as reducing the number of dependents allowed to enter the UK.
UK Home Secretary Reveals Plan to Reduce Net Migration, in an effort to restore the Conservative Party’s reputation for controlling immigration, the UK’s Home Secretary has announced a five-point plan. The proposal includes raising the minimum salary requirement for skilled worker visas to £38,700 and eliminating the rule that enables crucial professions to be hired at 20% below the standard rate. The government anticipates that these changes will reduce net migration by 300,000 annually. The Prime Minister, Rishi Sunak, and James Cleverly are leading the initiative.
To assist migrant family members and skilled workers in the UK, we have compiled a list of the most common enquiries raised along with responses: –
Can you please provide information regarding when the changes to legal migration rules for family and work visas will be implemented in 2024?
The details of the changes have not yet been finalized, making it difficult to predict how they will impact individuals in varying circumstances. The changes are currently set to take effect in the spring of 2024.
If you have a family application or work visa currently being processed, you may be wondering how the forthcoming legal migration rule changes will affect your case. Specifically, you may want to know if your application will be subject to the new rules or if it will be processed based on the existing criteria?
The government has confirmed that it has no intention of carrying out its plan until Spring 2024. In the meantime, individuals who apply for visas or visa extensions will not be impacted.
Determining Legal Employment in the UK for Skilled Workers with Salaries Below £38,700. If you are a skilled worker earning less than £38,700, you might be questioning the legality of your employment in the UK.
Uncertainty Looms Over Skilled Workers Earning Below £38,700 Amidst New Changes
As of now, the government has not established any guidelines regarding the effects of the new changes on skilled workers earning less than £38,700. There are growing concerns that millions may struggle to meet the settlement requirements. Currently, a skilled worker can be eligible for settlement if their income exceeds £18,600, or as specified by the job code.
The current law permits individuals who have been granted permission to remain and work as skilled workers, and whose sponsoring employers have assigned a valid certificate of sponsor, to continue working. At this time, it is uncertain whether the UK government will exempt current skilled workers from the new changes.
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Is it possible to combine both the applicant’s and the sponsor’s income to meet the £18,600 / £38,700 requirement?
No.
Under current regulations, the sponsor alone must meet the Family financial threshold rules when their partner applies for entry for the first time. However, lifting this restriction would allow the high-income threshold to be met in future applications. Unfortunately, the government has not yet provided any guidance on how the upper-income level will be achieved.
Skilled workers with earnings below £38,700 are currently able to apply for family members to join them in the UK. However, the new changes may affect applications for extended leave, causing a significant number of families to leave the country. It is unclear if the right to private family life will influence the Home Office’s decision-making process.
Will the higher salary threshold for Skilled Worker visas apply to those already in the country on that visa?
Announcements on Skilled Worker Visa Transitional Arrangements will be unveiled in the new year for individuals who were granted Skilled Worker visas before the salary changes announced on December 4, 2023, take place.
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Has there been any adjustment to the savings threshold as an alternative to income?
It is unclear whether or not the government has made any decisions regarding current rules. Generally, potential applicants are required to have the necessary savings in their account(s) for at least six months before applying.
Is it possible for skilled workers to sponsor their dependents if their salary doesn’t meet the £38,700 requirement?
Yes.
What You Need to Know While the new Skilled Workers’ income threshold won’t take effect until next spring, a few changes are already underway.
- Those on health and care visas can no longer bring family dependents
- Care firms must be regulated by the Care Quality Commission to sponsor workers
- The skilled worker salary threshold will increase to £38,700
- The care industry is exempt from the increase
- The 20% salary discount for roles on the Shortage Occupation List will end
- The Migration Advisory Committee will review the list of occupations in light of the new salary threshold
- A new immigration salary list with fewer occupations will be published in coordination with the MAC.
Are Spouse status holders permitted to apply for settlement under the £18,600 financial threshold, or are Sponsors required to meet £37,800?
Yes.
If your migrant spouse qualifies for settlement before April 2024, the sponsor can rely on the £18,600 financial threshold. It’s possible to submit your settlement application 28 days before April 2024, if the qualifying period for settlement falls on that date. However, if your qualifying period falls after April 2024, you’ll need to follow the new income threshold requirements. There is speculation that the new income threshold may not apply to those migrant spouses who have resided in the UK as a family member for the past five years. Additionally, individuals falling under the transitional arrangement will be considered exempted from the new changes. Sponsors who have previously relied on savings or PIPs will be allowed to continue their sponsorship, except for new applicants seeking entry after April 2024.
Will the income threshold increase per child-dependant entering the UK?
Yes.
The Immigration Rules Appendix FM-SE: family members specified evidence set out the specified Evidence Required to Meet Appendix FM Rules to fulfil the requirements of the Appendix FM, Appendix Armed Forces and Appendix Adult Dependent Relative rules, applicants must present certain evidence. Unless specified otherwise, the evidence required to meet these rules is the same.
The current financial requirement level per child is £3,800 for the first child; then an additional £2,400 for each additional child, these conditions will change in April 2024, health care workers will be prohibited from sponsoring certain family members such as grandparents, sisters brother, the financial threshold per child will increase, sponsors will be required to pay higher immigration health surcharges
Postgraduates Transitioning to Skilled Worker Status: Is a Salary of £38,700 Required?
No.
The Government has stated that migrants with lawful leave in the UK can continue to live and work in the UK under the Graduate schemes, however, the Migration Advisory Committee intends to review the graduate route to ensure it works in the best interests of the UK and to ensure steps are being taken to prevent abuse.
What Impact will the Adjustment to the Salary Threshold have on Hospitality, Accommodation, and Food Services? I work as a Hotel Manager and chef in or Information Technology Industry?
Increasing the Salary Threshold for Overseas Workers is being considered to Protect the UK Labor Market.
Although employers will still have the ability to hire overseas workers in certain industries, the salary threshold will be raised to the median earnings level. This will prevent the exploitation of cheaper overseas labor and ensure that UK workers are not undercut. Additionally, this move will stop any downward pressure on wages. It’s important to note that the resident labor market, including both UK and migrant workers with general work rights, can work without government restrictions.
What will happen when current skilled workers come to renew their visas?
Please note that these new policies will not be retroactively applied. Until the immigration rules have been amended, the salary threshold will remain unchanged. The Immigration Advisory Committee are currently determining the specifics of this policy, including how it will affect those renewing visas. We will provide more information as soon as possible.
What will occur when the current dependents need to renew their visas?
Please note that these new policies will not be retroactively applied. Until the immigration rules have been amended, the salary threshold will remain unchanged. The Immigration Advisory Committee are currently determining the specifics of this policy, including how it will affect those renewing visas. We will provide more information as soon as possible.
Is the Shortage Occupation List to be abolished?
No.
After consideration, the UK government has decided to keep the Shortage Occupation List. The decision was made due to the low unemployment rate in the UK, and the fact that the average salary for these positions is not high enough to meet the salary threshold for international recruitment. However, the 20% salary discount for shortage occupations recommended by the independent Migration Advisory Committee will be removed. Additionally, the government plans to introduce a new Immigration Salary List, which will consider whether to retain general discounts in light of new salary thresholds.
Won’t these changes mean splitting up families?
No.
The Minimum Income Requirement for families seeking public funds has remained unchanged for over a decade, failing to reflect the current income level required for self-sufficiency. To make matters worse, the family Immigration Rules provide only a limited exception for circumstances where a refusal of the applicant’s request would result in unjustifiable hardship for them, their partner, a relevant child, or other family members, it may be possible to put a case forward outlining exception for circumstances why the family application ought to be considered.
How can you seek further legal advice?
Contact Shabana Shahab on 01634789223 should you find that she has not addressed your enquiry and don’t forget to follow us on Our Facebook Page!
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