Important update on UK immigration changes announced on 4th December 2023
On 4th December, the Home Secretary announced major updates on UK immigration changes affecting those on work visas and also family members of British nationals. The impact of these changes will be far reaching.
For skilled workers and sponsors, they represent a handbrake turn on the relaxation of the requirements for sponsoring overseas workers that was introduced post Brexit.
There are also major changes for British nationals with non-British spouses and children. The income requirement jumps from £18,600 to £38,700. This is far above median earnings. It means that the majority of British people do not earn enough in order to bring their non-British spouse and children to live with the in the UK. The government’s own modelling suggests that this will lock tens of thousands of British families out of the country.
Below are our responses to some of the most common questions that we have received. Its important to understand that these are based on the government statement only. The changes to the immigration rules themselves have not been published. Therefore, there are a number of details that are simply not yet known and there remain a number of areas of uncertainty.
What UK immigration changes have been announced?
The following key changes will be made to the immigration rules;
- Care workers will no longer be allowed to bring their dependant partners or children to the UK;
- Those sponsoring care workers must be regulated by the Care Quality Commission;
- The earnings threshold for a skilled worker visa will increase from £26,200 to £38,700. This will not apply to those who are sponsored to work in health or social care roles. Other workers on national pay scales are also exempt e.g. teachers;
- The Shortage Occupation List will be abolished and replaced with an ‘Immigration Salary List’. The Migration Advisory Committee will be asked to advise (again) on which roles should be on the list;
- The current 20% discount on the ‘going rate’ for roles on the shortage occupation list will be removed. However, there will still be a discount on the salary threshold for roles on the shortage occupation list. This means that sponsors may still be able to sponsor workers less than £38,700 if the role is on the new Immigration Salary list. However, they will have to pay the ‘going rate’ for the type of job;
- The Migration Advisor Committee will also be asked to advise on the Graduate Visa in order to advise on steps to ‘prevent abuse’;
- The minimum income requirement for a British or settled person to bring their spouse to the UK will also increase to £38,700.
When will these changes take place?
The announcement referred to UK immigration changes to the earnings threshold taking effect in spring 2024. It is common to have updates to the immigration rules published in March and coming into force in April. We therefore think that most of the changes are likely to take effect in April 2024.
It is not clear from the wording of the statement whether the restrictions on care worker dependants will come into force in spring. It is possible that the Home Office may implement this earlier, to avoid a rush of applications.
I have lots of sponsored workers who are paid less than £38,700. Will I have to put their pay up to £38,700 in April?
No. Where you have existing skilled workers on lower salaries, it is extremely unlikely that you will need to put their pay up immediately.
Will I have to increase their pay in the future?
Possibly. Sometimes, the Home Office make ‘transitional provisions’. These allow people who are already on a particular type of visa to extend their leave and settle without being negatively affected by a change in the rules. However, any new applicants to the route will have to meet the new requirement from the beginning.
There is a recent precedent for this. The Home Office introduced transitional provisions for certain PhD level roles where the minimum ‘going rate’ increased significantly. Those already on a skilled worker visa had a lower minimum salary up until 1st December 2026 by which time all applicants should be eligible for indefinite leave to remain.
We do not know for sure if there will be any transitional provisions in this instance. On balance, we think that it is more likely than not. The aim of the UK immigration changes are to reduce future numbers immigration, not to force people who are already here to leave. If there are not, then you may need to increase pay in order for an employee on a skilled worker visa extend their leave or apply for settlement.
I am a care worker on a health and social care visa. Can I still apply dependants to the UK to live with me?
At the moment the rules have not changed. If you have dependants that you wish to join you in the UK, you should make applications for them as soon as possible.
I am a care worker on a health and social care visa and my dependants are living with me in the UK. Will they be able to stay?
It is very likely that those already living in the UK as the dependants of care workers will be allowed to extend their leave and apply for settlement. However, we will not know for sure until the new rules are published.
I am on a skilled worker visa and I am paid less than £38,700. When the UK immigration changes occur, will I be able to extend my visa when my current leave ends?
As set out above, it is quite possible that there will be ‘transitional provisions’ for those who are already in the UK on a skilled worker visa, so that they can complete their 5 years in the UK and apply for settlement without needed a significant increase in salary. However, we won’t know this for sure until the new rules are published next year.
Will there be any exceptions to the £38,700 salary requirement for new applicants?
As set out above, the announcement also suggests that there will be exceptions to the £38,700 salary threshold for roles that are on the new ‘Immigration Salary List’, which will replace the shortage occupation list. However, sponsors will no longer be able to sponsor workers in these roles on a salary less than the ‘going rate’ for the type of job.
At the moment, sponsors can pay a lower salary for those with a relevant PhD. This is not mentioned in the UK immigration changes announcement and therefore this may also stay.
The reduced salaries for ‘new entrants’ to the labour market are also likely to stay. These benefit those who are at an early stage of their career and therefore cannot necessarily attract the ‘going rate’ for their role due to inexperience. However, sponsors can only pay the ‘new entrant’ rate for a maximum of 4 years. Therefore, the salary would need to increase in order for the employee to settle in the UK after 5 years.
I heard that the immigration health surcharge is going up. When will this happen and how much will it be?
The Immigration Health Surcharge will increase to £1035 per year for adults and £776 per year for children. The earliest that this can take effect is 16th January 2024.
If you do have an application coming up, it would be advisable to submit it before 16th January 2024 if possible.
What should I do next?
Some people will not be affected by these UK immigration changes. If you are a sponsored worker in the public sector, or if you earn more than £38,700 then there is unlikely to be a significant impact on you. Similarly if you are a sponsor whose sponsored workers earn above the new threshold, you may not feel the effect of these amendments at all.
If you think that you might be caught by the changes, then you should consider submitting your application as soon as possible in order to get the benefit of any transitional provisions. We appreciate that this will not be an option for everyone.
If your situation is not covered above, then feel free to email your questions to [email protected]. We will aim to answer these questions if we can.
If you would like our assistance with an application, you can book a free initial consultation appointment here: