Dissecting Legislation - Changes in Immigration Rules
Following unprecedented levels of immigration experienced post-pandemic, the government is introducing several measures in 2024 to reduce net migration.
The key changes are as follows:
Overseas Care Workers will no longer be able to bring family dependants and social care firms in England will be required to be undertaking Care Quality Commission registered activities to sponsor visas.
Coming into force: 11th March 2024.
Increased minimum earning threshold for overseas skilled workers from £26,200 to £38,700.
Coming into force 4th April 2024
Reformation of the Shortage Occupation List into an Immigration Salary List (ISL) and removal of the 20% going rate salary discount for shortage occupations.
ISL publication due early April
Increase in minimum income for family visas to £38,700 in line with the minimum salary threshold for the Skilled Worker. The increase will be applied in incremental stages to reach £38,700 in early 2025.
First increase to £29,000 from 11th April 2024
Review of the graduate route – the Migration Advisory Committee (MAC) will be reviewing this throughout 2024.
Increase in penalties for employers of illegal workers - from £15,000 to £45,000 for a first breach and from £20,000 to £60,000 per employee for each subsequent breach.
Do we need to increase the salary for individuals already employed via the Skilled worker route?
No. Individuals who are employed as skilled workers when the changes come into force are exempt from the new salary requirements when they change employer, extend, or settle.
Are there any exemptions for the Skilled Worker route earning threshold?
Exemptions apply to Workers on the Health and Social Care visa route and education workers who are on national pay scale occupations.
Planning for the change
- Support your migrant worker population to understand the changes and the potential impact on them.
- Ensure your HR team has received adequate training on how to apply the changes.
- Analyse the historic use of skilled workers to determine which roles may not be viable to recruit via this route moving forward.
- Identify ways in which skills gaps could be lessened through education and development of UK citizens. Considering apprenticeships, industry placement, mentoring, etc.
