Update on Immigration Rules Changes 2024

In light of the Government’s stated aim to ‘deliver the biggest ever cut in net migration and curb abuse of the immigration system’ 2024 promises to be another year of change for the UK immigration regime. Here is a roundup of upcoming developments.

Business Visitors

Effective 31 January 2024, new rules are in place for visitors who will carry out business activities in the UK:

• Vistors must undertake some client facing activity when visiting a UK branch/subsidiary in the same group.
• More activities are permitted for overseas lawyers.
• Speakers at conferences will be permitted to be paid.
• Clarifications regarding remote working. Remote working is allowed provided that it is not the primary purpose of the visit.

Immigration Health Surcharge Increase

The immigration health surcharge is set to increase from £624 per year to £1,035 per year. The discounted rate, for students, children and youth mobility visa holders, will be increased from £470 to £776 per year.

These charges are due to come into effect for applications made on, or after, 6 February 2024 following The Immigration (Health Charge) (Amendment) Order 2023 being approved by both Houses of Parliament in January 2024.

These changes represent a significant increase to the overall cost of obtaining a UK Visa, especially as the surcharge is payable each year of the applicant’s stay and also applies to any accompanying dependants. As a result, UK employers will need to reconsider whether to cover these increased costs or require migrants to do so themselves.

Illegal Working: Civil Penalties

On 13 February 2024 an increase in civil penalties will come into force for businesses that employ an individual without the appropriate immigration permission. The changes were originally set to take effect on 22 January 2024 but have been pushed back due to a delay in The Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) (Amendment) Order 2023 being approved by Parliament.

The penalty for a first breach of the rules will triple from a maximum of £15,000 per illegal worker to £45,000 per illegal worker. The penalty for repeat breaches will rise from £20,000 to £60,000 per illegal worker.

The Home Office has also indicated that it will consult later this year on options to ‘strengthen action’ against businesses that employ illegal workers.

Proposed Plan to Decrease Net Migration

In December, the Prime Minister and Home Secretary set out a five-point plan for 2024 to reduce net migration:

• Migrant care workers (SOC code 6145) and senior care workers (SOC code 6146) will no longer be allowed to bring dependants (partners and children) in to the UK on their visa. This will not apply to sponsored migrant care workers already in the UK. This change is due to take effect from 11 March 2024.
• The baseline minimum salary to be sponsored for a Skilled Worker visa will rise from £26,200 to £38,700 (but not for the Health and Care Worker visa, which includes social care, education workers on national pay scales or for those already sponsored under the route). The Skilled Worker minimum salary increase is expected to come into force from 4 April 2024.
• Changes will be made to the shortage occupation listto significantly reduce the number of jobs where it will be possible to sponsor overseas workers below the baseline minimum salary (which is the main purpose of the list). It will be renamed the Immigration Salary List. The changes are expected to take effect no sooner than April 2024.
• The minimum income normally required to sponsor someone for a spouse/partner visawill rise in stages from £18,600 to £29,000 and ultimately to around £38,700. The first stage of incremental rises will see the minimum income requirement for a spouse/partner visa increase to £29,000 on 11 April 2024. It will then rise to around £34,500 at an unspecified time later in 2024; and eventually to around £38,700 “by early 2025”.
• The Migration Advisory Committee will review the Graduate visa, a two-year unsponsored work permit for overseas graduates of British universities. The review was slated to begin in January (but has not begun yet) with a report being due “late 2024”.

While further clarification is awaited, the Government has confirmed that the current salary and minimum income requirement thresholds, and policies relating to dependants, remain in place and at current levels until the Immigration Rules are amended.

It is of note that anyone who has submitted an application, or who is already in the skilled work route before the rules change, will not be subject to the new £38,700 salary threshold whenever they apply to change employment, extend their stay, or settle.

Full details of transitional provisions will be set out by the Government when further policy details are announced soon. In the meantime, further information can be found in the Government’s announcement of 4 December 2023, the follow up factsheet of 21 December 2023 and the latest briefing published on 30 January 2024.