The UK Introduced New Immigration Rules This Week
Employers should be mindful of changes to UK immigration rules that have taken effect this week, particularly the new general salary threshold and sponsorship regulations.
Changes have also been implemented regarding sponsorship of children and the minimum income threshold, with individuals potentially being permitted to work remotely while visiting the UK, provided it does not become their main activity.
Student Route
Are You an International Student (or Planning to Be One?) in the UK? Before commencing their course in the UK, international students require a visa through Tier 4 of the visa system in order to access it and meet several criteria before being granted their permit.
The government has taken decisive steps to restrict immigration via the Student route. Alongside restrictions announced in May 2023 on student dependants and now in force since 2024's start date, these new measures aim to decrease net migration figures by around 300,000.
These changes will prevent people from switching away from the Student route prematurely and ensure that those pursuing multi-year postgraduate research courses only bring family members with them as dependents if necessary - fulfilling the government's goal of keeping legal migration at sustainable levels.
Companies hiring foreign workers listed on the Shortage Occupation List cannot pay them 20% less than minimum wage; care workers (SOC codes 6145 and 6146) and senior care workers who bring their families can no longer come via this route to bring them into the UK; although those already here won't be affected; but those planning a similar move need to carefully consider all their options before taking that path to entry.
Starting April 2024, Sponsor License holders no longer need to renew their licences and the requirement that successful migrants on the Health and Care Route work at minimum salary levels of PS38,700 will no longer apply. In addition, government has confirmed that salary thresholds for Skilled Worker, Graduate and Student routes will be raised, while Migration Advisory Committee review Student route to ensure it remains fair and transparent. These actions are being taken by Government in order to safeguard UK workforce while making our immigration system more equitable for everyone.
Graduate Route
The Graduate Route allows international graduates to work in the UK post-study without needing an employer sponsor, making it a key pathway for businesses reliant on highly-skilled overseas workers. Although, its future remains unclear since this route is under review by Migration Advisory Committee who seek to ensure it aligns with national interest while minimising abuse.
Starting 1 January 2024, the Home Office will limit the ability of international postgraduate students whose studies end before this date to bring family members with them under this visa route. With some exceptions made for PhDs and research-based higher doctorates degrees as well as government sponsored schemes like Chevening.
As part of the new rules, the Home Office will set a minimum salary threshold for individuals applying to enter through this visa route. Although details remain vague regarding this threshold amount, it likely falls in line with Skilled Worker salary thresholds.
Individuals entering under this route should also have the flexibility of switching into other work-based routes (such as Skilled Worker route) at any point in their careers, giving them more control and possibly even settling in the UK if desired.
Under the new rules, those entering via this route will also need a digital immigration status akin to an eVisa that they must present to employers upon hiring. Otherwise, they will provide employers with a share code which allows them to check their immigration status online.
People entering Britain via this route must comply with all UK immigration laws, such as not leaving the Common Travel Area (CTA) while waiting for their application decision; doing so could result in it being treated as having been withdrawn - this applies equally for student visa and sponsorship extensions.
Health and Care Route
Designed specifically to assist healthcare professionals around the world, the Health and Care Route offers an efficient pathway into the UK. In order to be eligible, applicants must possess an offer from a sponsor within specific Standard Occupational Classification (SOC) codes - these SOC codes cover multiple roles essential to healthcare including nurses, doctors and social workers.
Recent and upcoming changes to the Health and Care Route could have serious repercussions for healthcare employers sponsoring individuals under this visa route. Home Secretary James Cleverly unveiled measures in December 2023 which significantly raised the minimum salary threshold required for sponsorship on this path from PS26,200 to PS38,700 starting Spring 2024.
Health and care sponsors will soon have to adhere to a new requirement that will only sponsor individuals registered with the Care Quality Commission (CQC), in an attempt to discourage fake care home businesses that exploit visa routes for financial gain.
Beginning March 2024, immediate family members of those sponsored on this route will no longer be able to join them in the UK. Those already on it who work occupations with SOC codes 6145 or 6146 will still be able to remain with their dependants if they switch onto the new route after this change takes place.
The government recently made another significant announcement that will affect many organisations that hire overseas staff through this route, especially those employing highly-skilled and demanding occupations such as nurses and doctors. Starting April 2024, migrants must pay an immigration health surcharge which helps finance NHS costs - currently PS1,035 per year but set to increase to PS6,524 per year starting in April 2024. This change is sure to have an enormously detrimental effect on those companies recruiting such staff - especially those that hire nurses and doctors who rely heavily on such talent from overseas staffing routes such as these!
Beginning April 6th 2024, sponsors no longer require renewing their sponsorship license to recruit and retain skilled migrants. This change should make recruiting and retaining these skilled migrants simpler for sponsors.
Skilled Worker Route
The Skilled Worker Route allows licensed employers to sponsor non-UK nationals who can fill skilled roles that cannot be filled locally in the labour market. Individuals on this visa route are permitted to live, work and study in the UK as residents for up to five years before making an application for settlement (i.e. indefinite leave to remain). Their spouse and children can join as dependants.
Recently, the government made several modifications to the Skills Worker Route, also known as Tier 2, including increasing minimum salary threshold and making changes to Shortage Occupation Lists. They hope these adjustments will reduce net migration by around 300,000.
From 2024, individuals seeking a visa through the Skilled Worker Route will require annual earnings of at least PS38,700 - an increase from the previous threshold of PS26,200. Health and senior care providers who rely heavily on foreign workers have been exempted from this change; however those currently in the UK on this route would need to meet this threshold if extending or changing employers.
As part of their wider plan to reduce net immigration by 300,000 annually, the government also recently announced that maximum stay for family visa holders has now been extended from 33 months to 10 years.
As an employer, it's crucial that you keep up-to-date on these changes, particularly those related to salary requirements. Before starting recruiting, be sure to read up on any updates to Home Office policy guidance on any visa routes you're considering for changes that could impact this. Also ensure you match roles being recruited for with appropriate Standard Occupational Classification Codes so you can ensure it qualifies as sponsorship-eligible occupations.
Notably, an employee with an employment visa that allows them to work in the UK can change to another visa route once in the UK by going through sponsorship steps again.