April 03, 2024

UK Government Releases Latest Statement of Changes to Immigration Rules

At a Glance

  • The UK government released its Statement of Changes amending the Immigration Rules.
  • The general salary threshold for Skilled Workers rose as part of the government’s efforts to reduce net migration, along with an increase in salary requirements for specific occupations.
  • A new alternative to the Shortage Occupation List will make it clear where the government is offering a discounted salary threshold, rather than being a list of all the occupations that are facing labour shortages.

On 14 March 2024, the UK government released its Statement of Changes amending the Immigration Rules. Key changes relevant to many of our clients are summarised below. 

Salary thresholds for Skilled Worker visas

The general salary threshold for Skilled Workers rose from £26,200 to £38,700 as part of the government’s efforts to reduce net migration.

In addition, salary requirements for specific occupations is now in line with the median pay for resident workers. These rates were previously based on the 25th percentile in UK earning for eligible occupations. The new rates are based on the 50th percentile of the earnings. Sponsoring employers must pay Skilled Workers either the general salary threshold or this median pay, whichever is higher. The updated salary thresholds will come into force on 4 April 2024, and are outlined as follows:

Type of applicant

General salary threshold

Proportion of the going rate for the SOC 2020 occupation code

General

£38,700

100%

PhD in a subject relevant to the job

£34,830

90%

PhD in a STEM subject relevant to the job

£30,960

80%

Sponsored for a job on the Immigration Salary List

£30,960

100%

New entrant at the start of their career

£30,960

70%

Those who already hold a Skilled Worker visa before these updated rules come into force will be exempt from the increased thresholds. Their salary requirements will instead be based on the updated 25th percentile rates if they apply to extend their permission to stay or change employers in the UK.

Other salary thresholds

Global Business Mobility route

  • For Senior or Specialist Workers, the general salary threshold is increasing from £45,800 to £48,500.
  • For Graduate Trainees, the general salary threshold is increasing from £24,220 to £25,410.

Scale-up route

  • The general salary threshold is increasing from £34,600 to £36,300.

The relevant going rates are being updated using the latest ONS pay data for the above routes.

Immigration Salary List (ISL)

The Shortage Occupation List (SOL) will be replaced with the newly introduced ISL. The ISL will make it clear where the government is offering a discounted salary threshold, rather than being a list of all the occupations that are facing labour shortages, as the SOL was previously.

The ISL is a much shorter version of the SOL as it takes into account the newly updated salary thresholds detailed above. Employers seeking to sponsor workers in a role listed on the ISL can benefit from these discounts.

Skilled Workers sponsored in a SOL list may to continue to be sponsored under the previous SOL rates if they will extend their permission with the same employer.

This ISL takes effect from 4 April 2024.

Partner applications

Changes were made to the minimum income requirement for partner applications. The government explained that this income threshold has not been amended for over a decade and it no longer reflects the level of income required by a family to ensure that they are self-sufficient.

  • The minimum income requirement for new applicants is now £29,000.
  • The applicant must also have savings of £16,000, among other requirements.
  • Where the financial requirement exceeds £29,000 due to the number of children in the family, the applicant will only need to provide evidence of a gross annual income of £29,000.
  • There are transitional arrangements in place for those who, before 11 April, already have a Family visa within the fiancé(e) or proposed civil partner or five-year partner route. This provides certainty for those who are already within the route or apply before the increase comes into force, as the relevant minimum income requirement will remain the same throughout the settlement, provided that the applicant is applying to stay with the same partner.
  • The minimum income threshold will increase to £29,000 starting April 11, 2024. Subsequently, it will rise again in the autumn to £34,500, followed by an increase to £38,700 in spring 2025.
  • The minimum amount of savings required, in lieu of employment, will increase to £88,500.
  • These changes come into effect from 11 April 2024.

    Youth Mobility Scheme

    We have previously discussed the merits of a potential expansion to the Youth Mobility Scheme. In this latest Statement of Changes, Andorra (with 100 places available) has been added to the scheme. The maximum total allocation of places for participating countries has also been adjusted as follows:

    • Australia’s allocation increased from 35,000 to 45,000 places.
    • Japan's allocation increased from 1,500 to 6,000 places.
    • The Republic of Korea's allocation increased from 1,000 to 5,000 places.
    • New Zealand's allocation decreased from 13,000 to 8,500 places.

    These updated allocations take effect from 4 April 2023.

    Other notable changes

    • Changes to the Hong Kong British National (overseas) (BN(O)) route. These changes include allowing the eligible family members of an individual who holds both BN(O) status and British citizenship to apply on this route.
    • The minimum general salary threshold for a healthcare visa will increase to £29,000.
    • Changes to the Appendix Electronic Travel Authorisation (ETA), including a statement that the ETA is only valid where the holder travels using the passport specified in the ETA application. A provision for an exemption to the ETA requirement for British Overseas Territories Citizens is also being introduced.

    The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.

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