UK government announces Tougher Visa rules from Spring 2024

On Monday, 4th of December, The Home Secretary James Cleverly announced a new five-point plan that will introduce a significant change to the financial requirement (and, in some cases, eligibility) for work and family visas to come into effect in Spring 2024.

This comes shortly after the increase in the fees for the majority of UK visa application fees in October and the imminent hike of the Immigration Health Surcharge (IHS) fee in the new year (06 February 2024).

Under the Government’s new plan:

• The minimum salary for foreign skilled workers will be raised from £26,200 to £38,700 and raise the individual occupation ‘going rate’ thresholds in line with the median full-time wage for equivalent jobs. (The health and care sector will be exempt from this, however).

• The minimum income requirement for a spouse or family visa will be raised from £18,600 to £29,000 in the coming months, and then incrementally, in stages, to eventually around £38,700 (in line with the new salary threshold for Skilled Workers).

• Care workers will no longer be allowed to bring any dependents to the UK, and care firms will be required to be registered with the Care Quality Commission to sponsor visas.

• The Shortage Occupation List will be reformed into an Immigration Salary List (ISL), and the current 20% going rate salary discount for shortage occupations will be abolished.

• The rules on students bringing family members to the UK will be tightened, plus the Migration Advisory Committee will be commissioned to carry out a full review of the graduate visa route.

Until the Immigration Rules are amended, the current thresholds and policies remain in place.

What about those who will be making visa extensions or switching from other visas inside the UK?

The UK Government will provide full details of transitional provisions in the new year when further policy details will be announced. However, in order to provide further clarity for those currently in the UK on visa routes that will be affected by these changes, on 21 December 2023, they confirmed the following:

Carers and senior carers - these changes will come in to force as soon as possible in the new year

• Care workers (SOC[2] code 6145) and senior care workers (SOC code 6146) already in the route will be able to remain with their dependants, including extending, changing employer (within these SOC codes) and settlement.​

• Where a care worker or senior care worker is in the route before the Immigration Rules change, but has not yet brought dependants, they will be allowed to bring dependants during their sponsorship (on this visa).

• Individuals who are in the UK on any other route, including where that route permits dependants, who switch into the care visa as a care worker or senior care worker after this date, will not be able to stay with (or bring over) dependants.

• Care providers who were sponsoring workers in exclusively non-regulated activities (and therefore not required to be registered with the CQC) before the rules change should be able to continue to sponsor these workers, including for extensions to their visa on those terms, but not hire new ones.
  

Salary thresholds – these changes will be introduced via Immigration Rules in April 2024.

• Those already in the Skilled Worker route before the Immigration Rules changes should be exempt from the new median salary levels when they change sponsor, extend, or settle. The government, however, expect Skilled workers pay to progress at the same rate as resident workers; therefore, they will be subject to the updated 25th percentiles using the latest pay data when they next make an application to change employment, extend their stay, or settle. This is in line with normal practice.
  

Immigration Salary List – the government will commission the MAC in January.

• The Shortage Occupation List (SOL) will be renamed the Immigration Salary List and the Migration Advisory Committee will advise on which of the current SOL occupations should remain on the list in line with the new salary thresholds.

• The current SOL will remain in place until the new salary thresholds are put in place in late Spring.
  
  

Family migration minimum income.

• Those who already have a family visa within the five-year partner route, or who apply before the minimum income threshold is raised, will continue to have their applications assessed against the current income requirement and will not be required to meet the increased threshold. This will also be the case for children seeking to join or accompany parents.

• Anyone granted a fiancé(e) visa before the minimum income threshold is raised will also be assessed against the current income requirement when they apply for a family visa within the five-year partner route.

• Those already in the UK on a different route who apply to switch to the five-year partner route, after the minimum income requirement has been increased, will be subject to the new income requirement.

Graduate route review

• The Migration Advisory Committee (MAC) will review the visa route to ensure that it is operating in the best interests and priorities of the UK, to ensure the integrity and quality of the UK higher education system is maintained. The government will commission the MAC in January and they expect their work to continue until late 2024.
  

The above was published by the Home Office on 21 December 2024 (Official link here), which includes some changes to what had initially been announced by the Home Secretary on 4 December 2024.

What if I am/my partner is planning to make a visa application to come to the UK now?

All of these changes will have a significant impact on many individuals wishing to bring their loved ones to the UK.

So if this includes you and you were planning to (and are in the position to do so), you should definitely consider making your or your partner’s visa application as soon as possible, so you can still "take advantage" of the current rules before the new ones come into force in the new year.