Navigating the UK's Immigration Overhaul: Impact on Skilled Workers, Family Dependents, and Health Professionals

The UK is rolling out significant immigration changes in Spring 2024, impacting Skilled Workers, dependents, health professionals and the Shortage Occupation List.

Skilled Worker Minimum Salary Threshold

The focal point of these adjustments is the substantial increase in the minimum salary threshold for Skilled Worker visas, soaring nearly 50% from ￡26,200 to ￡38,700 annually. This shift poses challenges for businesses, particularly those relying on lower-paid skilled workers. Sectors like hospitality, where an estimated 95% of sponsored visas for roles such as chefs and managers could fall short of the new threshold, are likely to face recruitment difficulties.

Approximately 55% of the 210 impacted occupation codes will require a minimum salary increase of at least 47.7%, placing pressure on employers to either raise salaries or adjust working hours. However, it's essential to note that certain occupations, particularly in health and teaching roles, remain unaffected by the increase due to nationally agreed pay scales.

Shortage Occupation List (SOL) and Immigration Salary List (ISL)

The government intends to replace the existing Shortage Occupation List (SOL) with a new Immigration Salary List (ISL). The ISL will remove the 20% discount to the minimum salary for shortage occupation roles, potentially impacting sectors like technology, engineering, and construction. The Migration Advisory Committee (MAC) will conduct a review, suggesting potential disruptions in these industries and prompting employers to reassess recruitment strategies.

Family and Dependant Visas

Notably, social care workers will no longer be allowed to bring dependents to the UK from Spring 2024. However, no such restrictions were announced for Skilled Workers or Global Business Mobility migrants. The increase in the minimum income threshold for family visas under Appendix FM from ￡18,600 to ￡38,700 introduces a financial barrier for many sponsors. This change may disproportionately impact certain demographic groups, especially women and part-time employees.

For family members unable to apply before the new rules take effect, alternative options such as third-party support or exceptions to the financial requirement may provide avenues for entry or residence in the UK. Given the complexity of such applications, seeking legal advice is advisable.

Health and Care Visa Exemptions

A notable exemption from several changes applies to the Health and Care Visa route. Care workers and senior care workers migrating to the UK will be unable to bring dependents, but this does not extend to the NHS. Additionally, only CQC-registered providers in England will be eligible to sponsor Health and Care Visa applicants. Importantly, Health and Care Visa holders will continue to be exempt from paying the Immigrational Health Surcharge (IHS), providing some relief amidst broader immigration shifts.

The government's assurance that it recognizes the importance of internationally educated health and care workers underscores its commitment to maintaining a steady influx of talent in these critical sectors. This targeted approach aims to balance the reduction of net migration with acknowledging the invaluable contributions of healthcare professionals.

Graduate Immigration Route

The recently introduced Graduate Visa, allowing international graduates to stay in the UK for an additional two years post-study, is also under review. The government, keen on aligning the route with the UK's best interests, has tasked the Migration Advisory Committee with a thorough review. Businesses relying on international talent should closely monitor these developments to adapt their recruitment strategies accordingly.

As the UK adapts its immigration policies, the changes will inevitably raise questions, particularly for internationally educated staff and those involved in global recruitment efforts. The evolving immigration landscape requires a proactive and strategic approach to ensure smooth transitions and compliance with the updated regulations.

Stay informed with City of London Solicitors and seek the guidance and support we provide for businesses and individuals in these nuanced transformations.