Statement of immigration changes HC 590: salary thresholds increased and other changes

As we have previously stated in our news article on 30 January 2024 (available here), the UK government confirmed that the salary threshold for the Skilled Worker Visa as well as the minimum income threshold for spouse and family visas shall increase on 04 and 11 April 2024 respectively.

Skilled worker salary threshold

Namely, as regards the Skilled Worker Visa Category, employers must from 4 April 2024 pay those entering the skilled worker route a general salary threshold of £38,700 or the going rate for the role (also being raised, from the 25th percentile to the median), whichever is higher.

In this regards, please note: this salary change applies only to those entering this visa category from scratch.

However, those already on the skilled worker visa shall be able to apply for extension and indefinite leave to remain as per the old rules.

Increase to minimum income requirement for partners

As regards the spouse and family visas, applicants will need to meet a minimum income requirement of £29,000 for applications made on or after 11 April 2024. There will be no additional income requirement for children.

In this regard, please note: this minimum income change applies only to those entering this visa category from scratch.

However, those already on the spouse/family visa shall be able to apply for extension and indefinite leave to remain as per the old rules.

As regards the Skilled Worker visa and Spouse/Family visas – there are no transitional provisions provided in the changes to the immigration rules, however, we are expecting some clarification on such matters from the UK government shortly, and if none are published by the UK government, we cautiously forecast that there might be court claims in the future from those those applying for the above visas from scratch and being unfairly discriminated in comparison to those, who have already entered the above visa routes before the implementation of the given immigration changes.

Apart from the above-confirmed changes in the immigration rules, the UK government has also announced about the following changes related to other visa categories:

Permission to work for people seeking asylum

As expected, despite the Migration Advisory Committee explicitly recommending that this was not done, changes have been made to paragraphs 360A and 360D of the immigration rules on permission to work for people waiting for asylum decisions. This changes references to the shortage occupation list to the new Appendix Immigration Salary List, meaning they will be able to work in far fewer roles than was previously the case.

The principle, however, remains the same, the applicant can apply to right to work after waiting for their decision for at least 12 months. The difference is they can do jobs from the new Appendix Immigration Salary List and no longer from the Shortage Occupation list. The current Shortage Occupation list has around 40 jobs listed there now. The proposed Appendix Immigration Salary List only has around 20 jobs.

Change to definition of a parent

A more restrictive definition of parent is being introduced than is currently in the rules. The new definition includes biological parent, legal parent and adoptive parent.

Step-parents have been removed, the explanatory memorandum says this is because being a step-parent “does not automatically mean the person has parental responsibility for a child”.