They say a week is a long time in politics. When it comes to immigration, that has certainly rung true of late. Last Monday saw Home Secretary James Cleverly announce a new “five-point plan” to reduce legal migration to the UK. On Wednesday, the draft Safety of Rwanda (Asylum and Immigration) Bill was published, which after intense political turmoil has now passed its second reading in the House of Commons. The Bill prompted the resignation of Robert Jenrick as Immigration Minister, who was swiftly replaced by Tom Pursglove (Minister for Legal Migration and Delivery) and Michael Tomlinson (Minister for Illegal Migration) in a division of the role. The week ended with the publishing of a Statement of Changes to the Immigration Rules on Thursday.
See below for a recap on where things have got to.
What has been announced?
The Home Secretary’s announcement covered five key areas:
- Care workers will no longer be able to bring dependants to the UK, and those wanting to sponsor care workers will need to regulated by the Care Quality Commission.
- The minimum salary requirement for Skilled Workers is set to rise from £26,200 to £38,700. Those coming on “health and social care visa routes” (presumably those who qualify for the Health and Care Worker visa) will be exempt from this higher threshold.
- The shortage occupation list will be reviewed and reformed, with the current 20% salary reduction applied to those sponsored for jobs on this list to be scrapped. A new “immigration salary list” will be created, with a reduced number of occupations.
- When it comes to family-based applications, British citizens or those who are settled in the UK and who want to sponsor a partner will need to meet a minimum income threshold of £38,700, in line with the Skilled Worker salary threshold. This is a staggering 108% rise on the current threshold of £18,600.
- The Graduate route, which was only (re)introduced in 2021, will be reviewed.
When will these changes come into force?
These changes are set to take effect in Spring 2024. As yet we don’t have any detail about the specifics of these changes, or about exactly when they will come into force. This is undoubtedly adding to the anxiety many potential applicants will be feeling.
What do they mean for me / my workforce now?
Whilst these changes will undoubtedly have a significant impact on the immigration landscape as a whole, right now it’s hard to say what the impact will be on those already here. It’s unclear whether transitional provisions will apply to those who arrive before the changes take effect. Once further details are provided, it will be important to plan ahead. Applications will usually be decided on the basis of the rules as they stand when an application is made, so for those planning an application in the near future, the changes may mean doing so earlier than anticipated.
Is there anything I can do to prepare?
Sponsor licence holders may want to carry out an audit of existing sponsored workers, to identify individuals whose current salaries would not meet the announced higher threshold of £38,700. This will help give a sense of the scale of the impact the changes are likely to have. In certain circumstances it might be possible to extend visas early, whilst the lower thresholds remain. Specific advice should always be taken, as a number of factors will need to be carefully considered.
For roles currently being recruited for, or where new applications are underway, it’s advisable to conclude these as quickly as possible. You should bear in mind however that the announced changes may affect those roles later down the line.
Those wanting to bring a partner to the UK should make their applications as soon as possible, whilst the existing rules and thresholds remain in place. Those already in the UK may also want to extend their current visas early where possible – though again, specific advice should always be taken to make sure eligibility for permanent status is not inadvertently affected.
As previously confirmed, the Immigration Health Surcharge is due to increase on or after 16 January 2024 (depending on when the relevant legislation is passed), from £624 per year to £1,035 per year for adults, and from £470 to £776 per year for Students and their dependants, Youth Mobility Scheme applicants, and those under 18. This is another reason to get applications in as soon as possible.
What about the Statement of Changes?
Unlike the Home Secretary’s announcement, which at this stage remains just that, the Statement of Changes sets out a number of concrete legal changes.
From 31 January 2024, the Immigration Rules will be clear that visitors can undertake activities relating to their employment overseas remotely from within the UK, providing this is not the primary purpose of their visit. Whilst this partly reflects the position under current published guidance, the change is welcome as it clarifies and solidifies the position.
The relevant rules are also being restructured, so that standard visitors will be permitted to carry out ‘Permitted Paid Engagements’ (‘PPEs’), provided the engagement has been arranged in advance and takes place within 30 days of entry to the UK. The list of PPEs is also being expanded, to include speakers coming to give a one-off or short series of talks and speeches, where they have been invited to a conference or other event. This will make it easier to invite and compensate individuals for such events and activities.
The permitted activities for academics, scientists and researchers; intra-corporate visitors; and overseas lawyers are also being relaxed.
Another notable change is to the definition of “partner” for family-based applications. Unmarried couples will no longer need to have been living together for at least two years, as long as they have been in a relationship similar to marriage or civil partnership for at least two years. This will also apply from 31 January 2024. There are also changes to the rules around victims of domestic violence, amongst others.
Our team are on hand if you would like advice on any specific scenario. Get in touch here.