The Government has issued more statements about immigration as 2023 draws to a close. These statements will affect individuals who work in the UK, their families, the families of British citizens, and other individuals.
The Government has proposed changes to the UK Immigration Rules and routes, focusing on visa applications from sponsored skilled workers, family members of British citizens, and those with the right to remain in the UK permanently (referred to as “family members”), and the immediate family members of holders of student visas. This comes after Home Secretary James Cleverley made a statement on December 4, announcing proposals to “reduce net migration.”
During the introduction of the changes in Parliament, Cleverley said:
- “Stopping the misuse of the health and care visa will be the first of our five recommendations. We plan to make it illegal for foreign carers to travel with their dependents and to require English care organizations wishing to sponsor visas to register with the Care Quality Commission. The year ending in September 2023 saw about 120,000 dependents accompany 100,000 care workers and senior care workers. The anticipated employment rate of dependents is only 25%, indicating that a sizable portion of them are relying on public benefits rather than stimulating the economy. Though we acknowledge that immigrants contribute significantly financially, we also need to ensure that they continue to do an excellent job in our NHS and health system. Accordingly, we are raising the yearly immigration surcharge this year by 66%, from £624 to £1,035 in order to generate, on average, roughly £1.3 billion for the nation’s health services annually.
- We’re not going to allow immigration to undercut British workers’ wages.” With effect from next spring, we will raise the earnings level for skilled workers by a third, to £38,700, to reflect the median full-term income for those positions. The NHS and the care industry can continue to import healthcare personnel by allowing those entering under the health and social care visa channels to remain exempt.
- Thirdly, by abolishing the 20% going-rate wage discount for shortage occupations and updating the shortage occupation list, we will stop importing cheap labor from abroad. With our new higher-skilled worker wage requirements, I have asked the Migration Advisory Committee (MAC) to examine the jobs on this list. In coordination with the MAC, we will produce a new immigration salary list with fewer occupations.
- In addition, we will raise the minimum income requirement for family visas to £38,700, the same as the minimum pay barrier for skilled workers, to guarantee that individuals only bring dependents they can financially support. Since 2012, there has not been an increase to the minimum income criterion of £18,600. Beginning in spring of next year, these steps will be implemented.
- Last but not least, after forbidding international master’s students from entering the country with family members, I have requested that the Migration Advisory Committee examine the graduate route in order to guard against misuse and preserve the excellence and integrity of the UK’s exceptional higher education system. It must function in the UK’s best interests, minimizing misuse chances while promoting the route to excellent employment for the world’s highly skilled workforce.
- The ability of international students to bring dependents will be eliminated as of January 20, 2024, unless they are enrolled in postgraduate courses that are classified as research programs. Attracting the brightest and greatest people on the planet is always our goal.
- Additionally, before their studies are finished, we have prevented international students from choosing the job route instead of the student one. On net migration, these modifications will have a noticeable effect.
- There were about 153,000 visas issued to dependents of sponsored students in the fiscal year that ended in September 2023. Today, I declare that we will implement a five-point plan to reduce further immigration abuses, which will result in the largest reduction in net migration ever.
- With this package added to our reduction in student dependents, the total number of visitors to the UK in the upcoming years will be approximately 300,000 lower than it was the previous year.”
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What are the Proposed Changes?
- Raising the wage threshold for sponsored skilled workers from £26,500 to £38,700 per year, sponsored workers must receive the higher of this level or the applicable SOC Code rate to be eligible for benefits.
- It will be evaluated, and the wage discount will be removed from the Skills Shortage Occupation List.
- British citizens’ family members applying to enter the UK in order to achieve the new Minimum Income Requirement (MIR) of £38,700 per year (formerly £18,600 per year)
- Students cannot travel to the UK with their families unless they are enrolled in a research program.
- The United Kingdom will not permit Sponsored Skilled Workers with health and care worker visas to bring their dependent family members.
- As previously announced in mid-October 2023, the Immigration Health Surcharge will increase to £1035 per adult on January 16, 2024.
What Do We Know?
Currently, everything is in flux and play; nothing has been codified yet. Spring 2024 is the only set date for when the revised financial thresholds for sponsored skilled workers and their families, as well as the modifications to the student visa route, will be implemented.
A significant amount of opposition is mounting to the announcement, and neither of the proposed income level increases have been included in the legislative framework. Only one week following the Cleverly appearance in Parliament, Prime Minister Rishi Sunak has already made some concessions regarding the new MIR for British citizens’ partners and families. After much concern that the new rule would only allow the upwardly mobile to meet the requirement and that the increase will be applied retroactively to families applying for visa extensions, he announced last week during “Prime Minister’s Questions” that his Government is “looking at transitional arrangements.”
There has been and still is intense concern regarding the planned pay threshold hikes for Skilled Workers across all businesses and sectors, and Reunited Families is looking into filing a lawsuit to contest the changes as they affect families. Various groups, including the BMA, labor unions, business executives, and immigration attorneys, are putting a lot of pressure on the Government to reconsider raising the minimum income requirement for skilled workers. This indicates that there hasn’t been any significant modification to those financial markers as of yet.
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What are the Possible Solutions?
It is highly recommended that employees obtain legal assistance as soon as possible if they suspect they may be affected by the proposed increases.
Sponsored Skilled Workers: Although they will need to obtain an additional Certificate of Sponsorship (CoS) or the accompanying visa in order to work in the UK for five years straight and be qualified to apply for ILR, it is unsure how the changes will affect currently sponsored skilled workers. A fresh visa application and the assignment of a new CoS can be wise decisions in such cases.
Family Members: Employees with visas as spouses or qualified partners as family members may also be impacted by the indicated changes, as the enhanced MIR may apply to individuals who are currently in the UK. In practical terms, a person may be directed towards the 10-year family path (instead of the 5-year route if they fulfill the MIR) before they can apply for ILR if they exceed the new threshold. Costs will be incurred as a result, particularly as family visas are only now issued for 33 months at a time. Except in cases where you are transferring to a different visa route, it is not feasible to file for a family visa extension sooner than 28 days before the current family visa expires. All one can do in these situations is suggest that you wait to see if there is a fallback of any type and that you get legal counsel as needed.
Employees on other Visas: Of course, you might employ people with different work permits, such as students, graduates, individuals with high potential individual visas, holders of global talent visas, holders of youth mobility scheme visas, and dependents under the same visa pathways. Here are a few things that you should consider:
- If the employee’s present role has an approved SOC Code and their income is higher than both the going rate for the role and the SOC Code going rate, it may be worth considering moving them to a skilled worker CoS and visa. This is especially true for holders of graduate visas and high-potential individual visas.
- Also applicable to those on student visas
- If suitable, do take into account moving staff members to a new visa category, such as a family or global talent visa.
- Depending on the specifics of each case, a dependent who falls under one category may be able to move to their status.
- Examine any upcoming external hiring, both domestically and internationally, and think about proposing the assignment of a CoS and helping with the related visa applications.
- Don’t forget about the Immigration Health Surcharge’s impending amendments, which take effect on January 16, 2024.
Wrapping Up
There are no set dates for implementation as of yet, and the administration may decide to give in to public pressure and refrain from implementing such drastic increases. We’ll notify you as soon as anything new happens.
We at Dynamic Health Staff stay up-to-date on the latest immigration changes that may impact the business. With the spring of 2024 just around the corner, it’s crucial to start preparing now for the potential changes that may be coming. Through vigilant monitoring and proactive measures, firms may guarantee that they are equipped to handle any shifts in the immigration scene and keep recruiting the skilled personnel they require to prosper.
We can assist you in finding the best talent for your business. To know more, you can email us at enquiry@dynamichealthstaff.com or contact us at +919810017608. Get up-to-date job information, news, and trends by subscribing to our newsletter.
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