Immigration News Weekly Roundup – 5 April 2024

 Immigration News Weekly Roundup – 5 April 2024

4th April 2024 began some important updates to UK’s immigration rules, in which you should be aware of. Let me walk you through the key changes which have come into effect.

First off, the minimum salary threshold for a Skilled Worker visa application has been raised. From now on, applicants will need to meet the higher of either £38,700 or the going rate for their specific role. The roles themselves will be categorized according to the new SOC (Standard Occupational Classification) 2020 system, which means some occupations may have different code numbers compared to the previous SOC 2010 classification.

Additionally, the data used to determine these salary thresholds has shifted. Instead of relying on the 25th percentile of the 2021 Annual Survey of Hours and Earnings (ASHE), the figures will now be based on the median (50th percentile) of the more recent 2023 ASHE data. This change means that for certain roles, the minimum salary requirement could be significantly higher than £38,700.

The Home Office has established transitional salary requirements for current Skilled Worker visa holders seeking to extend their stay or change employers in the UK. The new minimum salary threshold will be the higher of £29,000 (increased from £26,200) or the 25th percentile going rate for their role based on 2023 ASHE data. This amounts to roughly a 10-20% increase in the minimum salary level. These transitional provisions apply only to those initially granted their Skilled Worker visa prior to April 4, 2024, if they apply for an extension or employer change before April 4, 2030. The UK government has introduced a significant relaxation of the rules governing supplementary employment for Skilled Worker visa holders, effective from 4th April.

The rules around supplementary employment for Skilled Worker visa holders have been significantly relaxed. Previously limited to only roles on the Immigration Salary List or within their sponsored profession at the same level, Skilled Workers can now take supplementary jobs in any position that would itself qualify for a Skilled Worker visa. However, they must continue meeting obligations of their primary sponsored role, with supplementary work capped at 20 hours per week. This opens new avenues like directorial roles or work for affiliated companies within the same group. But approval from their sponsoring employer is still required for any supplementary employment. The changes provide more flexibility for Skilled Workers to pursue additional work opportunities alongside their main sponsored position.

It’s worth noting that the salary threshold for the Global Business Mobility – Senior or Specialist Worker visa route has also increased from £45,800 to £48,500 as of today, or the updated going rate salary for the occupation code if higher. Similar transitional arrangements are in place for this intra-company transfer visa, just like the Skilled Worker route. However, unlike the Skilled Worker visa, guaranteed allowances, and company-provided accommodation allowances (typically up to 30% of the total salary package) can be included when meeting the minimum salary requirement for this route. While the Global Business Mobility visa does not lead to settlement in the UK, the increased salary requirements for the Skilled Worker route may make this option more appealing, especially for those who are not native English speakers or only seeking temporary stay in the UK.

A full list of Rules and Appendices in relation to personal immigration have also been updated and released by the Government. This also includes updates to Guidance on EUSS applications.

It is evident that the Home Office has significantly tightened its approach to immigration applications as we progress in 2024. New sponsor license applications face increased scrutiny, with more rigorous vetting of eligibility and position genuineness. Compliance visits and audits of existing sponsors have ramped up as well.

Applications for roles that merely meet minimum requirements are facing extended processing times due to caseworkers’ heightened diligence in reviewing them.

Overall, the Home Office has adopted a much stricter stance emphasizing thorough vetting and compliance. Applicants and sponsors must prepare for a more arduous application process and likely delays because of the Home Office’s heightened stringency.

Maintaining professionalism and full compliance with regulations is essential when navigating this new landscape.

HJT’s live online course, Skilled Workers and Global Business Mobility comes in time to equip immigration advisors with the essential knowledge and skills to navigate the stringent requirements set under the new Rules for effective advice for their Business and High Net worth clients.

Additionally, HJT’s is offering a timely live online course, EU Settled Status Scheme – The Latest Thinking. As numerous EU Settlement Scheme (EUSS) applications remain unresolved, the updated guidance introduces additional complexities to resolving these outstanding cases. The course aims to provide insights and strategies to navigate the challenges faced by applicants and professionals working on these intricate matters for EU clients.

For more information on all our live sessions, visit here For enquiries, contact us enquiries@hjt-training.co.uk or call 075441 64692.

Full list of updates on media news, reports and Home Office Policy and other document see below.  

IMMIGRATION NEWS

Steep rise in schools in England recruiting teachers from Jamaica – The Guardian

Immigration figures show a jump in the number of skilled worker visas issued to teachers from abroad, while the government in England is using bonuses to boost the number of teacher trainees from overseas – at a time when Rishi Sunak said legal migration to the UK was “too high” and vowed to reduce it.

While the numbers remain modest compared with the NHS, the trend is rising steeply upwards and will continue rising as the increase in trainee teachers recruited overseas enter the workforce.

For full report, click here

Windrush victim says Home Office ‘waiting for us to die off’ before paying compensation – The Guardian

A former soldier who was a victim of the Windrush scandal has said he fears the government is “waiting for us to die off” before it pays compensation.

The scheme was launched five years ago this week by the Home Office after widespread outrage over the Windrush scandal, in which thousands of British people, mainly of Caribbean origin, were wrongly classed as being in the country illegally. This led many to be wrongfully deported, lose their jobs and be denied access to healthcare and housing.

For full report, click here

Record 5,000 cross Channel to UK in first three months of 2024– The Guardian

Almost 5,000 people have arrived in the UK after crossing the Channel in small boats so far this year, according to government figures. The Home Office data shows 349 people attempted the journey in seven boats on Saturday, taking the total number of arrivals to 4,993 since the start of 2024 – a record high for this time of year. The previous record over an equivalent period was 4,548 in 2022.

Since the start of January, 105 boats have been detected making the crossing, with an average of more than 47 people on each craft.

For full report, click here

Call for Ukraine-style visa scheme for Palestinians in Gaza with family in UK – The Guardian

The letter, signed by the Refugee Council, Care4Calais and the Helen Bamber Foundation, says “existing immigration routes are insufficient and not working” and describes how a Gaza family scheme would “enable Palestinians in Gaza to reunite with their immediate and extended family members in the UK”.

The letter, organised by the Gaza Families Reunited campaign and addressed to the home secretary, James Cleverly, will be sent on Tuesday. It calls for the Home Office to urgently create a Gaza family scheme “to protect human life and the right to family unity until it is safe for Palestinians to return”, especially as fears grow of an impending Israeli ground assault in Rafah.

For full report, click here

FP McCann: Concrete firm could face fine for illegal workers -BBC News

Two firms could face fines after 13 illegal workers were arrested during an immigration raid.

Twelve men and a woman were arrested in north Wales on 19 March.

FP McCann, a concrete supplier based in County Londonderry, has been referred for a penalty of up to £225,000 for employing five illegal contractors. Adana Construction, from Stockport, has been referred for a penalty of up to £180,000 for employing four illegal workers.

Both companies were issued with civil penalty referral notices, pending a review of evidence from the site visit and company records.

For full report, click here

INDEPENDENT REPORTS

Secondary Legislation Scrutiny Committee Twentieth Report – House of Lords Secondary Legislation Scrutiny Committee

A cross-party House of Lords committee has issued a report criticizing the Home Office for failing to provide sufficient justification and analysis for recent major changes to the Immigration Rules. The committee was tasked with scrutinizing a March 14 statement that significantly increased the minimum income requirements for family/partner/spouse visas to £29,000 and for skilled worker visas to £38,700.

The Committee expressed severe disapproval of the Home Office’s “clear-cut failure” to publish impact assessments and equalities impact assessments for both the March statement as well as an earlier set of changes from February. The committee deemed the lack of explanatory material outlining the objectives and intended implementation of these substantial increases to be “unacceptable.”

To view the full report, click here

HOME OFFICE POLICY DOCMENTS & GUIDANCE UPDATES

Immigration Rules Appendix C: maintenance (funds) Tier 1 (Entrepreneur) has been updated on 4th April 2024. To view the updated Rules,  click here

Immigration Rules Collection has been updated on 4th April 2024. To view the updated Collection in full, click here

Immigration Rules Appendix A: attributes -Points needed for attributes for applicants in Tiers 1, 2, and 5 of the points-based system have been updated on 4th April 2024. To view the updated Rules, click here

Immigration Rules Appendix Children have been updated on 4th April 2024. To view the updated Rules, click here

Immigration Rules Appendix KOL UK has been updated on   4th April 2024. To view the updated Rules, click here

Immigration Rules Appendix English Language has been updated on   4th April 2024. To view the updated Rules, click here

Immigration Rules Appendix Victim of Domestic Abuse has been updated on   4th April 2024. To view the updated Rules, click here.

Immigration Rules Appendix Youth Mobility Scheme: eligible nationals has been updated on   4th April 2024. To view the updated Rules, click here

Immigration Rules Appendix Innovator Founder has been updated on 4th April 2024. To view the updated Rules, click here

Immigration Rules Appendix Scale-up visa has been updated on 4th April 2024.  To view the updated Rules, click here

Guidance: Mobile phones and cameras in immigration removal centres have been updated on 4th April 2024. To view the updated Rules, click here

Immigration Rules Appendix Child staying with or joining a Non-Parent Relative (Protection) – Appendix Child staying with or joining a Non-Parent Relative (Protection) has been updated on 4th April 2024. To view the updated Rules, click here

Immigration Rules Appendix Family Reunion (Protection) has been updated on 4th April 2024. To view the updated Rules, click here.

Immigration Rules Appendix Hong Kong British National (Overseas) has been updated on 4th April 2024. To view the updated Rules, click here  

Immigration Rules Appendix Global Talent has been updated on 4th April 2024. To view the updated Rules, click here

Immigration Rules Appendix Global Business Mobility routes have been updated on 4th April 2024. To view the updated Rules, click here

Guidance: Sponsor a Global Business Mobility worker has been updated on 4th April 2024. To view the updated Rules, click here

Immigration Rules Appendix Visitor: Permit Free Festival List has been updated on 4th April 2024. To view the updated Rules, click here

Immigration Rules Appendix EU has been updated on 4th April 2024. To view the updated Rules, click here.

Immigration Rules Appendix AR (EU) has been updated on 4th April 2024. To view the updated Rules, click here

Immigration Rules part 13: deportation has been updated on 4th April 2024. To view the updated Rules, click here.   

Immigration Rules part 11B – Asylum have been updated on 4th April 2024. To view the updated Rules, click here.

Immigration Rules part 9: grounds for refusal have been updated on 4th April 2024. To view the updated Rules, click here

Immigration Rules Appendix Temporary Work – Government Authorised Exchange has been updated on 4th April 2024. To view the updated Rules, click here.

Immigration Rules Appendix Sports Governing Bodies has been updated on 4th April 2024. To view the updated Rules, click here

Immigration Rules: Appendix Student has been updated on 4th April 2024. To view the updated Rules, click here.

Immigration Rules Appendix Electronic Travel Authorisation has been updated on 4th April 2024. To view the updated Rules, click here.

Immigration Rules Appendix Settlement Protection has been updated on 4th April 2024. To view the updated Rules, click here.

Immigration Rules Appendix FM-SE: family members specified evidence has been updated on 4th April 2024. To view the updated Rules, click here.

Caseworker Guidance: Appendix Children has been updated on 4th April 2024. To view the updated Rules, click here.

Caseworker Guidance High Potential Individual has been updated on 4th April 2024. To view the updated Rules, click here

Caseworker Guidance: Global Business Mobility routes has been updated on 4th April 2024. To view the updated Rules, click here

Caseworker Guidance: Scale-up worker has been updated on 4th April 2024. To view the Guidance, click here.

Guidance Global Business Mobility: eligible occupations and codes has been updated on 4th April 2024. To view the Guidance, click here

Guidance Scale-up: going rates for eligible occupations has been updated on 4th April 2024. To view the Guidance, click here.

Guidance Skilled Worker visa: immigration salary list has been updated on 4th April 2024.  To view the Guidance, click here.

Guidance: applying for criminal records check for someone from overseas has been updated on 4th April 2024. To view the Guidance, click here ,  here  and here

Guidance: Sponsor a Scale-up Worker has been updated on 4th April 2024. To view the Guidance, click here

Guidance on the application process for criminal records checks overseas has been updated on 4th April 2024. To view the Guidance, click here

Guidance: Skilled Worker visa: immigration salary list has been published on 4th April 2024. To view the updated Guidance, click here

Transparency data: Asylum and Detention Accommodation Programme: SRO appointment letter for Cheryl Avery has been updated on 3rd April 2024. To view the latest data, click here.

Interim Guidance for independent child trafficking guardians has been updated on 3rd April 2024. To view the Guidance, click here

Collection: Support for Afghans to find settled accommodation has been updated on 2nd April 2024. To view the Collection, click here

Guidance: Transitional accommodation for new Afghan arrivals has been published on 2nd April 2024. To view the Collection, click here

 

STAY TUNED FOR MORE IMMIGRATION NEWS NEXT WEEK!

 

 

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