Immigration News: the Government Publishes its Statement of Changes in Immigration Rules
The immigration rule changes affect sponsor licence holders, Work Visa, and Family Visa applicants
On 14 March the government published the long-awaited Statement of Changes in Immigration Rules to progress its plans to reduce UK net migration figures. The nearly 300-page document is of interest to UK business owners with sponsor licences as well as to Work Visa and Family Visa applicants.
In this blog, our Immigration Solicitors highlight the key takeouts.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
The key areas covered in the Statement of Changes
The key areas covered in the Statement of Changes are:
- Increasing the minimum salary threshold and going rates for the Skilled Worker Visa. The increase is nearly 50% of the current minimum salary threshold
- Increasing salaries for other Work Visa routes
- Increasing the financial requirement for Family Visas, including the Spouse Visa, Unmarried Partner Visa, and Civil Partner Visa
Changes to the Skilled Worker Visa and sponsorship of skilled workers
The government previously announced massive changes in the minimum salary threshold for Skilled Worker Visa applicants as part of its drive to reduce net UK migration figures.
The 14 March 2024 Statement sets out the details, namely:
- Rise in the minimum salary threshold and going rates. The rules continue to say that a sponsoring employer must pay sponsored employees the minimum salary threshold or the going rate for their job standard occupational classification code, whichever figure is higher. From 4 April 2024, the minimum salary threshold for the Skilled Worker Visa increases from £26,200 to £38,700. The going rates are also being increased in line with ONS salary data from the 25th percentile to the median
- The immigration salary list replaces the shortage occupation list. The Migration Advisory Committee recently reviewed jobs that should be on the new immigration salary list and the MAC intends to carry out a more in-depth review in 2024. If a job is on the immigration salary list a sponsoring employer can pay a 20% discount from the minimum salary threshold. This reduces the new minimum salary threshold from £38,700 to £30,960 BUT a sponsoring employer cannot discount the going rate by 20%. Therefore, the employer must pay the higher of the minimum salary threshold (£30,960 or £38,700) or the going rate for the job, whichever is the higher
- Changes to the Health and Care Worker Visa. If a sponsoring employer is employing a worker on a Health and Care Worker Visa or in an occupation where the going rate is based on national pay scales then the jobs are exempt from the new minimum salary threshold requirements. The new rules say that the minimum salary threshold is increasing from £26,200 to £29,000 and going rates are being updated based on national pay scales or ONS data. If a Health and Care Worker Visa job is on the immigration salary list the minimum salary threshold reduces from £29,000 to £23,200 unless the going rate is higher
- Revisions to the standard occupational classification codes. From 4 April sponsoring employers will need to check standard occupational classification codes on certificates of sponsorship. This is because the system is moving from SOC 2010 to SOC 2020 and any new certificates of sponsorship need to use the SOC 2020 numbering
Increased salaries for other types of Work Visas
The minimum salary for other Work Visas is increasing as follows:
| Work Visa | Current minimum salary threshold | New minimum salary threshold |
| Scale up Visa | £34,600 | £36,300 |
| Senior or Specialist Worker Visa under the global business mobility route | £45,800 | £48,500 |
| Graduate Trainee Visa under the global business mobility route | £24,220 | £25,410 |
| Seasonal Workers – some poultry workers | £26,200 and £10.75 per hour | £38,700 and £15.88 per hour |
Increases to the financial requirement for Family Visa applicants
From 11 April 2024, the minimum income requirement for the Family Visa increases from £18,600 to £29,000. This is the first step in increases to the Family Visa minimum income requirement as the government has said the figure will rise to £38,700 by early 2025.
The positive news for larger families with dependent children is that from 11 April 2024, the number of children accompanying the Family Visa applicant will not affect the minimum income requirement.
For existing Family Visa holders and for those who secure their visa ( Fiance Visa, Spouse Visa, Unmarried Partner Visa, Civil Partner Visa, or 5-year Family Visa) before 11 April, their minimum income requirement will remain at their current level. In other words, when they come to apply to extend their Spouse Visa or apply for indefinite leave to remain, the financial requirement will remain at £18,600 (unless the financial requirement was higher because the Spouse Visa or Family Visa holder was accompanied by dependent children and thus their financial requirement was increased). This interim concession only applies if the Family Visa applicant is applying for a visa with the same sponsoring partner as their pre-11 April 2024 Family Visa.
The Statement of Changes will be worrying news for those looking to apply for a Family Visa but unable to do so before 11 April 2024. If a Family Visa applicant or their sponsoring partner is unable to meet the increased minimum income requirement the visa applicant may be able to use what is described as exceptional circumstances to secure their visa. These are:
- There are insurmountable obstacles to family life with their partner outside the UK
- It would not be reasonable for their child to leave the UK
- There are exceptional circumstances that would render refusal of the application a breach of Article 8 because it would result in unjustifiably harsh consequences for the applicant or their family
OTS Solicitors provides immigration solutions
Whether you are a sponsoring employer with a sponsor licence, a Family Visa applicant, or already in the UK on a Family Visa and concerned about a Spouse Visa extension or an indefinite leave to remain application, you are bound to have questions about how the Statement of Changes may affect your business and its sponsorship of overseas workers or your family and your plans to live in the UK.
Our specialist Business Immigration Solicitors or Individual Immigration Solicitors can answer all your immigration law questions and help you find immigration solutions.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
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