Mastering Immigration Law Subscription Updates February 2024

Mastering Immigration Law Subscription Updates February 2024

In a significant move to address concerns surrounding worker exploitation, abuse, and unsustainable demand levels within the care sector, the UK government has announced substantial changes to its immigration rules. These changes, set to take effect in the coming months, will impact the eligibility criteria for family immigration, the minimum income requirements for partner visas, and the ability of care workers to bring dependants to the UK. Additionally, the review of the Graduate visa route is currently underway, signalling potential reforms in that area as well.

The spouse/partner visa minimum income requirement in the UK will undergo a gradual increase. On April 11, 2024, the threshold will rise to £29,000. Later in 2024, at an unspecified date, it will further increase to around £34,500. Finally, by early 2025, the minimum income is expected to reach approximately £38,700. Concurrently, the Graduate visa is under review, with the Home Secretary requesting a report by May 14, 2024.

Effective March 11, 2024, care workers and senior care workers will face restrictions on bringing dependants when migrating to the UK. In England specifically, only care roles registered with the Care Quality Commission (CQC) will qualify for the Health and Care Visa. All other occupations will continue to have the ability to bring dependants as usual.

Also, from March 11, 2024, sponsor license holders in the care sector in England must be registered with the CQC if they carry out regulated activities. This change aims to address concerns over high levels of non-compliance, worker exploitation, abuse, and unsustainable demand levels. The restrictions apply to the standard occupational classification (SOC) codes 6145 and 6146 in Appendix Skilled Occupations and Appendix Shortage Occupation List. It’s important to note that this new requirement applies only to England and does not affect the eligibility of jobs in Scotland, Wales, and Northern Ireland.

On April 4, 2024, the minimum salary threshold for Skilled Workers in the UK will increase significantly. The general salary threshold will be raised from £26,200 to £38,700. Additionally, the going rates for roles will be raised from the 25th percentile to the median.

The Home Office has announced transitional salaries that will apply to individuals who already hold a Skilled Worker visa and apply to extend their permission or change employers in the UK. For these individuals, the minimum salary threshold will be the higher of £29,000 (up from £26,200) or the going rate for the type of role, which will be based on the 25th percentile of the 2023 ASHE data. In most cases, this amounts to a 10-20% increase in the minimum salary threshold. These transitional provisions will apply for applications made by individuals granted their Skilled Worker visa before April 4, 2024, and who are applying before April 4, 2030.

A significant change has been introduced regarding ownership arrangements for self-sponsorship. Under the previous Tier 2 system, there was a restriction that prevented sponsored workers from owning more than 10% of the shares of their employer company. However, this restriction has been abolished, raising the possibility of an entrepreneur seeking to sponsor themselves as an employee. The only control measure in respect of such an application would appear to be the genuineness test.

It’s important to note that while there is no dedicated self-sponsorship visa in the UK, it may be possible to either set up or buy into a UK-based business, which can then apply to be approved to sponsor the individual on the Skilled Worker route. Alternatively, it may be possible to apply under the Innovator Founder route to start up an innovative business in the UK.

New guidance has been issued regarding the sponsorship of schoolteachers from overseas. According to the “Recruit teachers from overseas” guidance on the government’s website, applicants for teaching jobs from overseas, including those from the European Economic Area (EEA) and Switzerland, need a visa or other immigration status allowing them to work in the UK. Non-UK citizens who have completed initial teacher training in England will also need a visa or other immigration status giving them the right to work.

Most other applicants will need a skilled worker visa, which their employer must sponsor. The sponsor can be the school where they work, the local authority, or an academy trust. Sponsors must have a ‘worker licence’, sometimes referred to as an ’employer licence’. The guidance has been updated to include a comprehensive list of safeguarding checks that must be completed for teachers from overseas, covering areas such as shortlisting and interviewing, making conditional offers, and checking suitability.

Additionally, the Employer’s guide to right to work checks has been updated on February 8, 2024, and applies to right to work checks completed on or after February 13, 2024. The updated guidance includes information regarding the right to work checks for holders of the European Union Pre-Settled Status (EUPSS), as well as rules surrounding secondary and supplementary work.

Mastering Immigration Law’s comprehensive updates aims to provide immigration advisors navigating the UK’s immigration landscape with a concise overview of such forthcoming developments.

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These and many more are now included in Mastering Immigration Law. A comprehensive list of all the updates are listed for our subscribers reference under the Updates & Documentation module. Please log in to access. Index also updated.

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