How will the spring changes to the immigration rules affect employers?

In December 2023 the Government announced several changes to the immigration rules as part of a plan to lower net migration. These changes will have significant consequences for individuals seeking leave to remain in the UK and to any employers who sponsor workers. This article highlights the main changes employers should be aware of.  

Skilled Worker visa

Positions offered to individuals through the Skilled Worker visa route must meet a minimum salary threshold. Effective 4 April 2024 this salary threshold will increase from £26 200 to £38 700. This is a substantial increase and is above the median salary level for many industries. This change will reduce the number of jobs that can be filled by immigrants with a Skilled Worker visa which may make recruitment more difficult for employers in certain sectors.

There are some important exceptions to note. Workers on the Health and Care visa and education workers on national pay scales will not be subject to the increase. The increase will also not apply to individuals already employed on the skilled worker route before the increase came into affect.

The Shortage Occupation List will also be replaced by a new Immigration Salary List. Currently, employers can recruit for positions that appear on the Shortage Occupation List at a 20% discount from the minimum salary threshold. The Government has announced it plans to remove this discount. The Migration Advisory Committee will review the new Immigration Salary List which is expected to be introduced from April 2024.

Health and Care visa

The Health and Care visa is a category of visa under the Skilled Worker route. As mentioned above, individuals on this visa will not be subject to the salary threshold increase. However, from 11 March 2024 care workers under this visa will not be able to bring over their dependents on their visa. Dependants includes partners and children.

Another change forthcoming is that care homes will need to be regulated by the care quality commission to sponsor workers. The reason for this change is to reduce abuse of the Health and Care visa by unregulated care homes. 

Fees

Applicants to enter or remain in the UK on a visa often have to pay an application fee and an Immigration Health Surcharge (IHS). If you offer to pay these fees for your employees then you will be affected by the fee increases which occurred in October 2023. A list of the fees are available on the government website (Home Office immigration and nationality fees: 4 October 2023 - GOV.UK (www.gov.uk)).

Graduate visa

The Graduate visa allows foreign graduates from British universities to live and work in the UK for two years after graduation without sponsorship. While no changes have been announced yet for this visa, the Government has indicated that it will be reviewed by the Migration Advisory Committee.

Our Employment Law team has provided the above commentary for information only. We do not provide immigration law advice ourselves but through our associates at Davidson Morris LLP. You are advised to seek independent professional legal advice on matters of immigration law and we would be more than happy to facilitate that connection and assist with any other matters of Employment Law you may have.  To discuss any requirements, you can contact us on 023 8071 7717 or email employment@warnergoodman.co.uk.