Several new regulatory changes regarding immigration in the UK will come into effect from April 2024. Please review the following summary of these changes, as they may impact your global mobility program in the forthcoming weeks and months.
Keys changes effective 4 April 2024
An increase in general salary thresholds and ‘going rates’
- Minimum basic annual salary for a Skilled Worker will increase from ￡26,200 to ￡38,700 or SoC Code going rate, whichever is the higher.
- Minimum ‘going rates’ for roles under the Standard Occupation Classification (SOC) 2010 will increase from the 25th?percentile to the 50th?percentile, based on a 37.5 hour week.? ??
- The SOC system used currently is SOC 2010 which will be updated to SOC 2020.
- The Shortage Occupation List will be replaced with a new Immigration Salary List (ISL), and current 20% discount offer to those roles have been removed.
- The ‘New Entrant’ discount still applies at 70% of the going rate but annual salary still needs to be above ￡30,960.
Transitional Arrangement in place for individuals already on a Skilled Worker visa
- Change of Employment and Extensions within the UK will meet transitional arrangements.
- Minimum annual salary threshold will the higher of ￡29,000 or going rate for the type of role, which will be based on the 25th?percentile.
- Transitional provisions also apply to applicants on a Skilled Worker visa that was granted before 4th?April 2024 and are applying before 4th?April 2030.
The ‘New Entrant’ salary will remain
- Apply to Students visa holders and Graduate visa holders switching to Skilled Worker, and also applicants under 26 years on date of application.
- UK regulated professional working towards full registration or chartered status, such as Architects, Accountants and Solicitors.
- Sponsored in a Post Doctoral position in an eligible SoC 2020.
- The new entrant discount reduces the Skilled Worker annual salary threshold to the higher of either ￡30,960 per year or 70% of the going rate for the applicable SOC 2020 occupation code.
Changes to the Occupation codes
- There will be a substantial reduction in the number of occupation codes in ISL.
- Roles have also been updated and consolidated to reflect the changes between SOC 2010 and SOC 2020.
Supplementary employment rules have been furthered relaxed
- Skilled Worker migrants can now undertake supplementary work in any role which would be eligible for a Skilled Worker sponsorship.
English Language Requirement
- International GCSE, A Level, Scottish National Qualification at Level 4 or 5 or a Scottish Higher or Advanced Higher in English (language or literature) that was awarded:?Ofqual (or SQA, Qualifications Wales or CCEA) regulated awarding body; and the education undertaken was in a UK based school which began while they were aged under 18.?
Health and Social Care Visa Workers
- Workers sponsored for Health and Care visas minimum annual salary ￡23,200 or what is stated on the national pay scale for the role. The annual salary can be temporarily less than ￡23,200 for 8 months if applicant is studying towards OSCE exam and NMC Registration.
- Health and Care Workers on SoC 6145 (Care Workers) and 6146 (Senior Care Workers), the annual salary threshold will be increased from ￡26,200 to ￡29,000.
- Health and Social Care visa holders on SoC 6145 (Care Workers) and 6146 (Senior Care Workers) will no longer be able to bring dependants to the UK.
- General salary threshold is being increased, from ￡45,800 to ￡48,500 for Senior or Specialist Worker or going rate whichever is higher.
- From ￡24,220 to ￡25,410 for Graduates.
- From ￡34,600 to ￡36,300 for Scale-up routes.
- Transitional arrangements for (GBM – Senior or Specialist Worker) are in place in the same way as for Skilled Workers.
- Guaranteed allowances and company provided accommodation allowance can be included in the salary figure to meet the minimum salary threshold for GMB – Senior or Specialist Worker.
- Salary threshold for family members on the five year route to settlement as a partner under Appendix FM, will rise from ￡18,600 to ￡29,000 from 11th?April 2024, gradually increasing to ￡34,500 and finally to ￡38,700 in 2025.
- Transitional arrangements will be in place for individuals who already held or submitted applications before 11th?April 2024. Minimum salary will remain the same for subsequent applications provided the application is to remain with the same partner.
- Administrative Review will be amended from 4th?April 2024 to remove the option for individuals to apply for an out-of-time administrative review for a decision made before 5th?October 2023.
- Changes to the EU settlement scheme granting automatic 2 year extension to pre-settled status holders and a proposed move to automatic transition to settled status for some holders or pre-settled status.
If you have any questions or concerns relating to any of the above, please reach out to the K2 team
for more support.
