IMMIGRATION NEWS WEEKLY ROUNDUP - 5th APRIL 2024

4th April 2024 began some important updates to UK's immigration rules, our weekly newsletter will walk you through the key developments that have come into effect.

First off, the minimum salary threshold for a Skilled Worker visa application has been raised. From now on, applicants will need to meet the higher of either ￡38,700 or the going rate for their specific role. The roles themselves will be categorized according to the new SOC (Standard Occupational Classification) 2020 system, which means some occupations may have different code numbers compared to the previous SOC 2010 classification.

Additionally, the data used to determine these salary thresholds has shifted. Instead of relying on the 25th percentile of the 2021 Annual Survey of Hours and Earnings (ASHE), the figures will now be based on the median (50th percentile) of the more recent 2023 ASHE data. This change means that for certain roles, the minimum salary requirement could be significantly higher than ￡38,700.

The Home Office has established transitional salary requirements for current Skilled Worker visa holders seeking to extend their stay or change employers in the UK. The new minimum salary threshold will be the higher of ￡29,000 (increased from ￡26,200) or the 25th percentile going rate for their role based on 2023 ASHE data. This amounts to roughly a 10-20% increase in the minimum salary level. These transitional provisions apply only to those initially granted their Skilled Worker visa prior to April 4, 2024, if they apply for an extension or employer change before April 4, 2030. The UK government has introduced a significant relaxation of the rules governing supplementary employment for Skilled Worker visa holders, effective from 4th April.

The rules around supplementary employment for Skilled Worker visa holders have been significantly relaxed. Previously limited to only roles on the Immigration Salary List or within their sponsored profession at the same level, Skilled Workers can now take supplementary jobs in any position that would itself qualify for a Skilled Worker visa. However, they must continue meeting obligations of their primary sponsored role, with supplementary work capped at 20 hours per week. This opens new avenues like directorial roles or work for affiliated companies within the same group. But approval from their sponsoring employer is still required for any supplementary employment. The changes provide more flexibility for Skilled Workers to pursue additional work opportunities alongside their main sponsored position.

It's worth noting that the salary threshold for the Global Business Mobility – Senior or Specialist Worker visa route has also increased from ￡45,800 to ￡48,500 as of today, or the updated going rate salary for the occupation code if higher. Similar transitional arrangements are in place for this intra-company transfer visa, just like the Skilled Worker route. However, unlike the Skilled Worker visa, guaranteed allowances, and company-provided accommodation allowances (typically up to 30% of the total salary package) can be included when meeting the minimum salary requirement for this route. While the Global Business Mobility visa does not lead to settlement in the UK, the increased salary requirements for the Skilled Worker route may make this option more appealing, especially for those who are not native English speakers or only seeking temporary stay in the UK.

A full list of Rules and Appendices in relation to personal immigration have also been updated and released by the Government. This also includes updates to Guidance on EUSS applications.

It is evident that the Home Office has significantly tightened its approach to immigration applications as we progress in 2024. New sponsor license applications face increased scrutiny, with more rigorous vetting of eligibility and position genuineness. Compliance visits and audits of existing sponsors have ramped up as well. Applications for roles that merely meet minimum requirements are facing extended processing times due to caseworkers' heightened diligence in reviewing them. Overall, the Home Office has adopted a much stricter stance emphasizing thorough vetting and compliance. Applicants and sponsors must prepare for a more arduous application process and likely delays because of the Home Office's heightened stringency.

Maintaining professionalism and full compliance with regulations is essential when navigating this new landscape.

HJT's live online course, Skilled Workers and Global Business Mobility comes in time to equip immigration advisors with the essential knowledge and skills to navigate the stringent requirements set under the new Rules for effective advice for their Business and High Net worth clients.

Additionally, HJT's is offering a timely live online course, EU Settled Status Scheme - The Latest Thinking. As numerous EU Settlement Scheme (EUSS) applications remain unresolved, the updated guidance introduces additional complexities to resolving these outstanding cases. The course aims to provide insights and strategies to navigate the challenges faced by applicants and professionals working on these intricate matters for EU clients. For more information on all our live sessions, visit here

For enquiries, contact us [email protected] or call 075441 64692.

For the full list of updates on media news, reports and Home Office Policy and other document updates, click here