Changes to Government Policy on Immigration for the Skilled Worker Route, Carers and Partner routes

Changes to the government’s policy on Immigration announced by James Cleverly, the Home Secretary will have major implications for Employers, Migrants Workers and persons seeking to bring spouses to the UK and other migrants. Its perhaps worth stating that even before this announcement some other notable changes had already been announced earlier this year.

Some of the changes introduced earlier this year included the following:

Restricting which class of Students can bring in family members.

On 17^th July 2023 it was announced that from 1^st January 2024 International Students whose courses commence from 1^st January 2024 will be prevented from bringing in their dependants. There were some exceptions to this rule change, such as for students undertaking a PhD or Doctoral qualification, and students intending to take researched based Masters based degrees.

Restrictions on Students switching into Worker Categories

Another significant change was the prevention of Students applying to switch into work related roles, including but limited to the Skilled Worker routes before the completion of their courses. The Home Office however permitted Students to submit application for Work related Immigration routes where their start dates would commence on a date after the completion of their course.

Increases to Sponsor Licence related fees for Employers

One other significant change was the rise in Immigration related fees for Employers seeking to hire migrant workers with respect to Sponsor Licence related costs and fees for Migrant Workers to apply for work related visas including the Skilled Worker visa. This came into effect on 4^th October 2023.

Changes announced on 4^th December 2023

The changes announced on 4^th December 2023, by the Home Office Secretary have certainly caught the attention of Employers, Migrant Workers and Potential Migrant Workers, Persons on the Partner Route and those intending to get on it as well as other migrants and other potential migrants.

Employers have already been hit by a hike in fees for Sponsorship applications and related costs arising from increases in the New Living Wage set to come into effect from 1^st April 2024. In addition to this, they will need to be aware of the following changes that have cost implications for employers hiring migrants or intending to do so:

From 16th January 2024, the Immigration Health Charge will increase from £624 to £1035 per year.

From Spring 2024, the minimum salary that can be paid to a migrant will increase to £38,700, currently the minimum salary is £26,200, and in certain cases lower.

The 20% going rate salary discount for shortage applications will be replaced with a new Salary list and this list will be reviewed against increased salary thresholds.

Care Workers will not be affected by the new salary thresholds, and there will be some concessions for Teachers.

Care Workers will also be prevented from bringing in dependants.

Proposed New Salary Threshold for Britons intending to bring in partners to the UK

The salary threshold for British and Settled Persons looking to bring in partners to the UK is also set to rise. The salary threshold currently set at £18,600, will rise to £38,700. This is a significant change as it will affect low-income earners and younger people disproportionally as these groups of people are more likely to be earning below this salary threshold.

If you feel that you or your organisation may be affected by the changes likely to come into effect next year and require legal advice, please contact our Immigration Team on 01582 514 391 or send an email to [email protected].

Sources:

GOV.UK: Home Secretary unveils plan to cut net migration

https://www.gov.uk/government/news/home-secretary-unveils-plan-to-cut-net-migration

Sky News: Foreign worker salary threshold rises to £38,700 as five-point-plan revealed:

https://news.sky.com/story/tougher-visa-rules-for-foreign-workers-including-ban-on-bringing-families-and-raising-minimum-salary-requirement-13022936

BBC: Tougher visa rules unveiled in plan to cut migration:

https://www.bbc.co.uk/news/uk-politics-67612106

Money Farm: Average salary in the UK – What is the average wage in the UK?

https://blog.moneyfarm.com/en/financial-planning/average-salary-in-the-uk-what-is-the-average-wage-in-the-uk/#:~:text=According%20to%20the%20%E2%80%9CASHE%20Table,%2Dyear%2Dolds%20%E2%80%93%20%C2%A334%2C226

Office for National Statistics: Earnings and hours worked, age group: ASHE Table 6

https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/earningsandworkinghours/datasets/agegroupashetable6

GOV.UK: Low Pay Commission summary of evidence 2023