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United Kingdom: Restrictive Changes Announced for Work Migration Routes

February 13, 2024

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  • United KingdomUnited Kingdom

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At a Glance

  • The UK Home Secretary announced numerous changes that will restrict work migration to the United Kingdom and which will come into effect in Q2 of 2024. Key changes include:
    • Increasing the minimum general salary for occupations under the Skilled Worker Route. Update – February 13, 2024: This change will go into effect on April 4, 2024;
    • Exempting Health and Social Care Visa Workers from the minimum salary increase, but eliminating the ability for these individuals to bring dependents to the United Kingdom. Update – February 13, 2024: This latter change will go into effect on March 11, 2024.;
    • Removing the salary discount for occupations on the Shortage Occupation List. Update – February 13, 2024: This change will go into effect on April 4, 2024; and
    • Increasing financial requirements for family applications. Update – January 2, 2024: Related minimum income requirements will increase in multiple stages. Update – February 1, 2024: The first increase to income requirements (up to GBP 29,000) will go into effect on April 11, 2024.
  • Employers should review their immigration programs in order to navigate the new costs they will incur using the increasingly expensive UK immigration system.

The situation

The UK Home Secretary announced numerous changes that will restrict work migration to the United Kingdom and which will come into effect in Q2 of 2024.

A closer look

Key changes include:

CHANGE

DETAILS 

IMPACT

Increased minimum general salary for occupations under the Skilled Worker Route

  • The minimum salary will increased to GBP 38,700 from GBP 26,200—an increase of 47.7% Update – February 13, 2024: This change will go into effect on April 4, 2024.
  • Update – March 1, 2024: Under the Skilled Worker route, an employer is required to pay the higher of either the minimum general threshold or the 'going rate' for an occupation (which is a variable figure based upon the spread of actual salary amounts paid across an occupation). In addition to increasing the higher minimum general threshold salary, the UK government has said it will increase the 'going rates' applied by calculating it according to the 50th percentile of actual earnings for the role, as opposed to the 25th percentile.

 

  • As a result, some sectors, such as hospitality, which rely on the lower minimum salary, may have to cut positions in order to be able to meet the higher salary levels.
  • Other sectors, which generally pay higher salaries, are expected to be less affected.
  • On December 20, 2023, in answer to an inquiry, the UK Immigration Minister confirmed that those already in the Skilled Work Route, and applications made before the rules change, will not be subject to the new GBP 38,700 salary threshold when they change employment, extend their status, or settle in the United Kingdom.

 

Health and Social Care Visa workers are exempt from increase but cannot bring dependents

  • Health and Social Care Visa workers are exempt from the above increase in minimum salary levels.
  • However, Health and Social Care Visa workers will no longer be able to bring dependents to the United Kingdom. Update – February 13, 2024: This change will go into effect on March 11, 2024.

 

      • Some foreign nationals who would apply under this category may choose a different destination country where they can bring their dependents.
      • However, due to the large supply of health care workers from other countries, it is unlikely that the health and social care sectors will be significantly impacted by this change.

 

Removal of discount for occupations on Shortage Occupation List

 

  • The government adopted the recommendation of the Migration Advisory Committee to no longer benefit from a 20% discount of the minimum salary level for occupations on the Shortage Occupation List (SOL).
  • Update – February 13, 2024: This change will go into effect on April 4, 2024.

 

  • Companies will have to pay the full minimum salary level to foreign nationals applying for occupations on the SOL, making hiring for occupations on the SOL less desirable and also increasing costs for employers.

Increased financial requirement for family applications

 

  • UK nationals seeking to sponsor foreign national dependents will be required to earn a minimum of GBP 38,700 per year, up from GBP 18,600—an increase of over 100%.
  • Update - January 2, 2024: The government has further clarified that this minimum income requirement will rise in multiple stages. It will first rise to GBP 29,000 (in the second quarter of 2024), then GBP 34,500 (later in 2024), and then GBP 38,700 (in early 2025).
  • Update – February 1, 2024: The government has confirmed that the first increase to income requirements (up to GBP 29,000) will go into effect on April 11, 2024.

 

  • This will decrease the number of individuals who will qualify to bring their family members to the United Kingdom.

Background

  • Plan to increase domestic workforce. The government announced these changes as part of a policy to increase the domestic workforce through its “Back to Work Plan” which focuses on helping UK nationals get off of government benefits and back into the workforce.
  • High net migration levels. The measures are meant to intentionally reduce net migration levels, which were at a record level this past year by making it more expensive for both employers and foreign nationals to immigrate to the United Kingdom.

Looking ahead

The new measures may cause significant difficulties for employers who are still adjusting to labor shortages post-Brexit and whose sectors have not yet reached the point of benefiting from alternative strategies to migration, such as increased training to address labor shortages. Further, it is possible that the above measures could potentially undermine labor sector growth.

Employers should review their immigration programs to navigate the new costs they will incur using the increasingly expensive UK immigration system.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

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