Changes to the Immigration Rules from April 2024

We have summarised the main changes below:

(i) Skilled Worker route - Changes to SMS – deadline for assigning CoS

New Annex 2 to the Workers and Temporary Workers Guidance for Sponsors part 2 confirms that to implement the below changes coming into force on 4 April, the Sponsor Management System will be unavailable from 7pm on 2 April 2024 until 9am on 4 April 2024.

All Certificates of Sponsorship (CoS) assigned before 7pm on 2 April 2024 will remain valid for the normal 3-month validity period and applications for entry clearance or permission to remain made using these CoS will be considered under the Immigration Rules in place before 4 April 2024, even if the worker applies on or after that date. Any unassigned Defined CoS or outstanding Defined CoS applications will be cancelled after this date. Therefore, it is important that CoS are assigned before this deadline to ensure the application is assessed under the immigration rules before the below changes take effect.

(ii) Skilled Worker route

There will be a significant increase in both general salary thresholds and going rates for Skilled Workers as of 4 April 2024, summarised as follows:

 

Note that the reference to meeting the minimum hourly rate, currently at £10.75 an hour has been removed so that applicants are only required to meet the general salary threshold or going rate, whichever is higher. 

a) Increase to general salary thresholds:

• The general salary threshold will increase for newly sponsored as of 4 April to:
  • £38,700 for those sponsored who do not qualify for a discount;
  • £30,960 for new entrants and roles on the Immigration Salary list;
  • £34,830 for those holding a relevant PhD;
  • £29,000 for those sponsored under the Health & Care SOC route where their Code is not on the Immigration Salary List (ISL); 
  • £23,200 for those sponsored under the Health & Care route where the SOC Code is on the ISL; 
  • £23,200 for those in pay scale occupations.

• For those already sponsored as a Skilled Worker prior to 4 April 2024, transitional provisions will apply meaning that they will be subject to a general salary threshold of £29,000, £23,200 for a new entrant or whose role is on the previous Shortage Occupation List or New Immigration Salary list or £26,100 for those holding a relevant PhD. 

b) Increase to going rates:

• The going-rate salaries for  SOC codes will be increasing from 4 April 2024:
  • For newly sponsored Skilled Workers: (from the 25th percentile to the median salary) and will be based on the latest data from the Office for National Statistics (ASHE 2023). This means that the salary to be eligible for sponsorship is increasing under each SOC Code. This means significant increases to some SOC Code categories over and above the £38,700 general threshold that sponsors should be aware of.
  • For existing sponsored Skilled Worker: Those who are already sponsored before 4 April 2024 and are making an application for change of employment, extension or settlement will also be subject to a higher going rate based on the 25th percentile of the relevant SOC Code under SOC 2020 based on the latest data from ASHE 2023.

• For the existing sponsored workers who are already sponsored pre 4 April 2024 under Health and Care visas or in occupations where going rates are set at national pay scales they will be exempt from the new median going rate salary thresholds. The going rate for Health and Care visas will be at the 25th percentile or national pay scale rates.
• The Shortage Occupation List will be removed and replaced by the new Immigration Salary List. Jobs included in the list will benefit from a 20% salary discount against the general salary threshold (£30,960 or £23,200, depending on whether they would otherwise be subject to the £38,700 or £29,000 threshold) instead of the 20% salary discount against the going rate. The Immigration Salary list has been significantly reduced from the Shortage Occupation List.
• The current salary discounts of 30% of the going rate for new entrants and the current 20% salary discount for holders of relevant PhD qualifications will be retained. In addition, the current 20% salary discount for holders of relevant PhD qualifications. However, it should be noted that given these discounts are against the new Median rates these will still be increasing in comparison to current rates.
• The national pay scale occupation will also be retained subject to the latest ONS data.
• Paragraph 39E in relation to exceptions for overstayers will also be amended to include an exception for those who have an exceptional assurance between 01 September 2020 and 28 February 2023;
• The list of SOC Codes where the criminal record certificate requirement applies to will be updated;
• The Youth Mobility scheme will be updated to reflect the numbers of places available to some countries and some more countries have been added to the list;
• Appendix English Language will be updated to reflect that GCSE can be used to satisfy the English Language requirement in Settlement applications where previously this was not permitted.

(iii) Other work routes

• Global Business Mobility (GBM) Senior or Specialist Workers – the general salary threshold to sponsor a worker under this GBM route will be increasing from £45,800 to £48,500. Also, going rates will be updated in line with the latest ONS data.
• GBM Graduate Trainees – the general salary threshold will increase for those being sponsored in this route from £24,220 to £25,410.
• Other work routes for Scale-up visa and Seasonal Worker visas will also see an increase to the general salary thresholds applicable to these routes. 

(iv) Changes to the Standard Occupational Classification (SOC) codes

We will see changes to the current SOC 2010 codes to SOC 2020 Codes in line with the ONS data. Therefore sponsors will need to assess the appropriate SOC Code under the new list for those sponsored from 4 April 2024. Those extending will need to map their SOC Code to the appropriate new SOC Code. In addition, it appears that a number of SOC Codes which were previously not eligible for sponsorship have been added to the list of eligible SOC codes.

(v) Increase to the income threshold for 5-year Partner and Child routes under Appendix FM

Increase to the minimum income threshold to £29,000 for new applicants applying under the Partner or Child routes under Appendix FM. 

(vi) Electronic Travel Authorisation

All non-visa national visitors and transit passengers will be required to apply for an ETA prior to visiting the UK.

The changes will take effect from 4 April 2024, except the Appendix FM changes some of which will come into effect from 11 April 2024 and some later in June 2024.