Immigration Update 4 April 2024
The UK immigration system underwent a substantial overhaul on 4 April 2024, following the Home Office’s review aimed at reforming migration policies and addressing concerns related to net migration levels.
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Here is a summary of these reforms:
1. Skilled Worker Visa Adjustments:
Minimum Salary Threshold Increase: Effective 4 April 2024. The minimum salary threshold for Skilled Worker visa applications underwent a notable increase, rising to £38,700 or the prevailing rate for the specific role as per the Standard Occupational Classification (SOC) 2020. This adjustment, which supersedes the previous SOC 2010 classification system, aims to ensure that migrant workers are remunerated at appropriate levels commensurate with their skills and qualifications.
Data Source for Salary Calculation: Another significant change relates to the data source utilised for calculating minimum salary thresholds. Previously derived from the 25th percentile of the 2021 Annual Survey of Hours and Earnings (ASHE) data, the calculation now relies on the median (50th percentile) of the 2023 ASHE data. This shift could result in markedly higher minimum salary thresholds for certain roles, reflecting evolving market conditions and salary trends.
Transitional Salary Provisions: Recognising the need for a transition period, the Home Office introduced transitional salary provisions for individuals already holding Skilled Worker visas who seek to extend their permission or change employers within the UK. Under these provisions, the minimum salary threshold is set at £29,000 (up from £26,200) or the going rate for the role based on the 25th percentile of the 2023 ASHE data. These transitional arrangements apply to applications submitted by individuals granted their Skilled Worker visas before 4 April 2024, and who apply before 4 April 2030.
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2. New Entrant Discounts:
Retained Provisions: Despite the overall increase in minimum salary thresholds, the Home Office opted to retain new entrant salary discounts for specific categories of applicants. These include individuals under 26 years old, students transitioning to Skilled Worker visas, and those pursuing professional registration or chartered status (e.g., architects, accountants, solicitors).
Revised Thresholds: The new entrant discount reduces the minimum salary threshold for Skilled Worker visas to the higher of £30,960 per year or 70% of the going rate for the applicable SOC 2020 occupation code. This represents a notable departure from the pre 4 April 2024 threshold of £20,960, reflecting the Home Office’s commitment to aligning immigration policies with evolving economic realities and industry standards.
3. Other Changes:
Occupation Code Modifications: In addition to revising minimum salary thresholds, the Home Office undertook significant revisions to the Immigration Salary List, formerly known as the Shortage Occupation List. These revisions include a reduction in the number of occupation codes and the elimination of the 20% reduction in minimum salary levels for listed roles. Furthermore, the Home Office updated and consolidated occupation codes to reflect the transition from SOC 2010 to SOC 2020.
Expansion of Supplementary Employment Permission: The Home Office has announced a helpful relaxation of the supplementary employment rules for Skilled Workers from 4 April 2024.
As well as being able to undertake supplementary employment in roles which appear on the Immigration Salary List or which is in the same profession and at the same professional level as the job they are sponsored for, a Skilled Worker can now undertake supplementary work in any role which would itself be eligible for Skilled Worker sponsorship. As before, the Skilled Worker needs to continue carrying out their sponsored role, and the supplementary work must be no more than 20 hours a week.
Global Business Mobility Route: The salary threshold for the intra-company transfer visa route, known as the Global Business Mobility route, increased from £45,800 to £48,500, effective 4 April 2024. This adjustment reflects the Home Office’s recognition of the need to maintain competitiveness and attract skilled professionals from overseas to support the UK’s economic growth and innovation agenda.
4. Tougher Immigration Climate:
Enhanced Scrutiny: Concurrent with these substantive policy changes, the Home Office adopted a more stringent approach to processing immigration applications. This heightened scrutiny is evidenced by increased compliance visits and audits, as well as closer examination of eligibility criteria and application genuineness. Consequently, applicants and sponsoring employers should anticipate longer processing times and heightened administrative requirements.
5. Future Changes and Considerations:
Upcoming Reforms: Looking ahead, the Home Office is poised to implement further reforms throughout 2024. These include transitioning to e-visas by the end of the year, updates to the EU Settlement Scheme, and the expansion of the Electronic Travel Authorisation to include additional countries.
