The Home Office issued a new Statement of Changes to the Immigration Rules (HC 590) on 14 March 2024, detailing significant changes to the Skilled Worker and Partner routes. The majority of the changes will take effect from 4 April 2024 and 11 April 2024. Here, we provide an overview of the main changes.
The Statement of Changes to the Immigration Rules (HC590) was published on 14 March 2024. It was accompanied by an Explanatory Memorandum.
Many of the changes provide the detail in relation to policy announcements already made. This includes regarding the increases to the minimum salary requirements for Skilled Workers, which we detailed here, and the increase to the financial threshold for partner visa applications, which we detailed here.
Key changes to the Immigration Rules
Skilled Workers
Currently, applicants must meet a general salary threshold of £26,200 or the ‘going rate’ for their specific role, whichever is higher. The salary requirements can be reduced significantly by a number of discount factors, including whether the applicant can be considered a ‘new entrant’ and whether the role is on the old Shortage Occupation List, a list of jobs considered to be in short supply.
The Shortage Occupation List is being replaced by the Immigration Salary List. This is a list where the Government ‘considers it sensible to offer a discounted salary threshold, rather than being a list of all occupations experiencing labour shortages.’
The minimum salary is increasing to £38,700. In addition, the going rates are all increasing by the median percentile in the specific occupation using 2023 data, for new applicants from 4 April 2024. This is an enormous increase for many employers and prospective employees. For instance, a ‘Software Engineer’ going rate will increase from the current £34,000 to £49,400.
The new Immigration Salary List has far fewer roles, and no longer includes any tech related roles. This is a surprising move considering the Government’s wider policy ambitions, and the mess created by the announced closure and re-opening of Tech Nation as an endorsing body under the Global Talent route. It is noted that the Migration Advisory Committee (MAC) will carry out a full review of the list later in 2024. We do not yet know exactly when.
The Immigration Salary List allows a 20% discount to the general salary threshold, but not to the going rate threshold. It is therefore not as generous as the Shortage Occupation List but does allow those specified roles to have a minimum salary of £30,960.
In positive news, other discount rates including holders of relevant PhD qualifications and ‘new entrants’ are being maintained.
Those who already hold permission under this route will not have to meet the median percentile increase in salary changes. However, they will need to have their salary increased by the 25th percentile (using 2023 data, rather than the previous 2021 data) in their Skilled Worker extension applications. Again, this could be significant. For example, a Software Engineer’s going rate would increase to £36,300.
Similar provisions will also affect those who wish to apply for Indefinite Leave to Remain (ILR), also known as settlement. They will have to meet an increased general salary threshold of £29,000, or the going rate, whichever is higher.
The Health and Care Worker category is exempt from the median salary requirements and instead a 25th percentile will apply.
Family and partner visas
Currently the British/settled partner (or the applicant, if they are lawfully employed in the UK) must earn at least £18,600, or have cash savings of £62,500, or a combination of the two, in order to apply under this route.
The annual income threshold is increasing to £29,000 from 11 April 2024 for new applications. The savings requirement is also rising in line with this increase, to an incredible £88,500. It is still possible to meet the requirements with a combination of savings and income.
The Explanatory Memorandum sets out:
“This change imposes a minimum income requirement of £29,000 for new applicants to the routes that is the 25th percentile of earnings for jobs which are eligible for Skilled Worker visas… The new minimum income requirement has been set at a level which is based on earnings as well as benefit levels to help ensure that migrants are more likely to make a net positive contribution to the public finances. This includes supporting the aim to reduce the overall level of net migration, which is too high.”
The Memorandum does not give a justification for the increase in the savings requirement, which is now unattainable for many people who wish to rely on savings alone.
Those who already hold permission under the five year route to settlement can, in general, rely on the old provisions in extension applications.
Long Residence
Unexpectedly, changes have also been made to the ten year Long Residence route.
This route allows applicants to apply for Indefinite Leave to Remain/settlement after ten years continuous residence across a variety of immigration routes, which often do not lead to settlement by themselves.
A major change is that applicants must have held their current permission for one year in order to qualify. This has been justified as ‘this aligns the requirements of this route with wider requirements for settlement’.
Considering other immigration routes allow a combination of permissions (such as Representative of an Overseas Business and Skilled Worker) without holding a specific permission for a year, and that other immigration routes allow accelerated Settlement as soon as the applicant has entered into the route (such as Global Talent), with no provision to hold permission for a year, such a justification is unclear.
The previous absence requirement was relatively generous under this route, allowing no more 18 months outside of the UK during the ten year period and no more than six continuous months absences. This route is now in line with the general continuous residence requirements which includes no more than 180 days absences across any 12 month period, throughout the previous ten years.
In addition, time spent under the visit visa route or as a short term student will no longer count towards the ten year period.
Other notable points
Global Business Mobility
The minimum salary thresholds are increasing throughout the Global Business Mobility route to:
- Senior or Specialist Workers, from £45,800 to £48,500 or the going rate, whichever is higher;
- Graduate Trainees, from £24,220 to £25,410, or the going rate with an applicable discount, whichever is higher; and
- Scale-up route, from £34,600 to £36,300, or the going rate, whichever is higher.
EU Settlement Scheme (EUSS)
Some minor changes have been made to the Administrative Review process for those applying under the EU Settlement Scheme and helpful clarity has been provided for victims of domestic abuse under this route.
English language
International GCSEs can now be accepted as evidence of English language ability, which is relevant to many immigration routes.
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