A Statement of Immigration Changes was published on 14thMarch 2024 providing further details of the changes to the Skilled Worker route that will come into effect on 4th April, together with some other changes that impact other visa routes. Details can be found here in the rules and the explanatory memorandum. UKVI will update their guidance and the immigration rules in due course to take account of the new rules. These will be available on www.gov.uk.

Employers who think that they have existing staff on visas (such as graduate route visas, dependant visas, student visas or others) may wish to consider sponsoring employees under the Skilled Worker route before the rules change if they are eligible under the current rules but may not be eligible after the rules change. Employers may wish to take advice on the implications of this. Please note that although the rules suggest that an employer can sponsor someone under the current rules up to 3rd April 2024, the Home Office has announced that the Sponsor Management System will be unavailable from 19:00 hours (7 pm) on 2 April 2024 until 09:00 hours (9 am) on 4 April 2024 so it will not be possible to assign Certificates of Sponsorship during this time. Therefore, employers must assign a Certificate of Sponsorship before 19:00 on 2nd April 2024 in practice to benefit from the current rules.

Employers should also note that any defined Certificate of Sponsorship requests that they have made before 19:00 on 2 April 2024, but which remain outstanding at that point, will be cancelled. Employers would need to make a new application after 09:00 on 4 April 2024 using the new SOC 2020 occupation codes and revised salary thresholds. Similarly, any defined Certificates of Sponsorships which have been granted, but which have not been assigned before 19:00 on 2 April 2024 will be cancelled, and employers will need to make a new application for a defined Certificate of Sponsorship after 09:00 on 4 April 2024 based on the relevant SOC 2020 occupation codes and revised salary thresholds.

Further details of the temporary unavailability of the sponsor management system and the impact of the changes on defined certificates of sponsorship are here.

Skilled Worker Visa Changes

The key changes include:

For those sponsored as a Skilled Worker on or after 4 April 2024

  • The new ‘general’ minimum salary threshold will increase from £26,200 to £38,700 on 4th April 2024. There will be some exceptions where that requirement does not apply (for Health and Care visas and for certain listed health and education SOC2020 codes which are set using national pay scales). Some discounts will apply to the general minimum salary thresholds (see below).
  • New ‘going rates’ for each SOC code will generally be pegged to median salary levels rather than the lower quartile from 4th April 2024 using ONS salary data. That will mean a significant increase in the minimum going rates for many roles. Going rates for Health and Care visas and for certain listed health and education SOC2020 codes will continue to be set at the lower quartile.
  • From 4th April 2024, Skilled Worker roles will generally need to be paid at the higher of (i) the general minimum threshold (which cannot be pro-rated – the individual needs to work sufficient hours to reach this minimum requirement), (ii) the new going rate or (iii) £15.88 per hour (rather than £10.75) or £11.90 for Health and Care visas.
  • There are special discounted salary requirements for those who are working in a job that is subject to a national pay scale. There are tables listing these jobs (in education and health) in the Immigration Rules. In a case where these apply, the minimum salary requirement will be £23,200 or the appropriate rate set by the national pay scale.


Transitional arrangements for those sponsored before 4 April 2024

  • There will be some exceptions to the arrangements above. For example, important transitional arrangements will be in place for those who are in the Skilled Worker route (or who have been issued with a valid Certificate of Sponsorship under that route) no later than 19:00 on 2 April 2024 (when the SMS will be temporarily unavailable) provided that they stay continuously in that route. For those covered by the transitional arrangements, going rates will be based on the lower quartile salary levels (but such salary levels will be updated for recent ONS data) if applicants extend their visa, make a change of employment application etc. Details of the new salary levels for those subject to the transitional arrangements are in the Statement of Changes above.
  • The general threshold for those subject to the transitional arrangements will be £29,000 rather than £26,200 from 4 April 2024.
  • They must be paid the higher of that general threshold, the going rate or £11.90 per hour (rather than the current £10.75 per hour).
  • Discounted salary thresholds will apply to new entrants, those with PhDs relevant to the job and jobs on the immigration salary list which range from £23,200 to £26,100. The discounted threshold for new entrants who benefit from the transitional arrangements will be £23,200.


Changes in Job Codes – alignment to SOC 2020 instead of SOC2010

The occupation coding for jobs will be updated to SOC2020 (instead of SOC2010) and deleted occupation codes will be dealt with through transitional arrangements to allow individuals on those codes to extend or settle in certain circumstances. Employers should check they are using the updated SOC2020 for applications on or after 4th April 2024.

New Entrants

Discounts to the minimum salary threshold will remain for those who fall under the definition of new entrants in the rules (which includes those who are under 26 when they apply for their visa, those switching from student visas or those switching from graduate route visas into a Skilled Worker visa, amongst others). For those being sponsored as a New Entrant on or after 4 April 2024, the general threshold will be £30,960 (which is £10K higher than the previous rules). A 30% discount to the going rate will apply. This will be subject to an obligation to pay no less than £15.88 per hour (increased from £10.75 per hour).

PhDs and PhDs in STEM subjects relevant to the job

Discounts to the minimum salary threshold will remain for certain individuals with PhDs. For those being sponsored as a Skilled Worker on or after 4 April 2024, the minimum salary threshold will be either £34,830 or £30,960 depending on whether the PhD is in a STEM subject or not. A discount of 10% or 20% will apply to the going rate for the SOC2020 code depending on whether the PhD is in a STEM subject or not. This category will also be subject to an obligation to pay no less than £15.88 per hour (increased from £10.75 per hour).

Health and Care Visas

  • The eligibility requirements for these visas (which benefit from certain concessions) will form part of the Immigration Rules (rather than purely be set out in the guidance).
  • Under the rules in place before 4 April 2024: Health and Care visa applicants were subject to a standard minimum salary threshold of £20,960 - £26,200 (depending on the role) or the going rate (which was in some cases discounted) for the occupation – whichever was the higher.
  • From 4 April 2024, the standard minimum salary thresholds are increasing to the rates below (or the going rate based on the lower quartile salary rates– if that is higher). The specific minimum requirements that apply will depend on the relevant points option that will be available eg:
    • £23,200 for New Entrants
    • £23,200 for Immigration Salary List
    • £23,200 for a relevant PhD in a STEM subject
    • £26,100 for a relevant PhD
    • £29,000 for most applicants (Option F in the rules).
  • For those on Health and Care visas who are subject to a national pay scale the minimum salary threshold that will apply will be £23,200 (and they must also be paid at least the appropriate rate set by the national pay scale for that role or salary band). The roles which are eligible for this treatment are set out in Tables in the rules (NHS bands and educational roles).
  • Since 11 March 2024, Health and Care visa holders who are in Care Worker or Senior Care worker SOC codes are not able to bring dependants to the UK if applying for a Health and care visa from outside the UK or switching into that visa route on or after 11 March 2024.
  • Those already in the UK in the Health and Care route as Care Workers / Senior Care Workers before 11 March 2024 can bring new dependents to the UK and their existing dependents can remain in the UK.


    Shortage Occupation List Changes

    • The Shortage Occupation List will be replaced with the Immigration Salary List (which is a far shorter list with many jobs removed from it). This will be in place from 4 April 2024.
    • The list will be reviewed later in 2024 by the Migration Advisory Committee so further changes may be made.
    • A 20% discount will continue to apply to the general salary threshold (which may be the Standard or Health and Care threshold depending on the circumstances). The minimum salary threshold for jobs on the Immigration Salary List will be £30,960 (or £23,200 for jobs subject to the Health and Care threshold).
    • However, 100% of the going rate will have to be paid for jobs on the Immigration Salary List (the 20% discount will be removed). This will eliminate one of the important benefits of being on the list as employer must pay the higher of the minimum threshold or the going rate for the particular SOC 2020 Code.


    Changes to Global Business Mobility Visa Route (Senior or Specialist Worker category)

    Some employers sponsor employees under this visa route rather than the Skilled Worker route. This visa route has become less popular over recent years as it is a temporary route (that does not count towards settlement in the UK under a 5 year route) and because it only applies to higher skilled jobs (rather than medium and highly skilled jobs which is the case for Skilled Worker visas). Some employers have continued to use it however, especially in cases where the individual cannot meet the English language requirement for a Skilled Worker visa.

    The minimum salary levels for this route will change from 4thApril 2024 from £45,800 to £48,500. Employers still need to pay the higher of this general threshold or the going rate for the job. The going rate for jobs under this category will however continue to be based on the lower quartile rather than the median levels. Therefore, employers who find themselves unable to sponsor someone under the Skilled Worker route, may want to check if an applicant might satisfy these lower going rate salary requirements (despite the fact that the general threshold is higher) for temporary assignments to the UK.

    There is a lower minimum salary threshold applicable to Graduate trainees where the requirements of the rules apply.

    Please note that transitional arrangements will also apply to individuals in this visa route before 4th April 2024.

    Please note that this is just a summary and it is not intended to substitute the need for legal advice. Please always check the full detail of the rules and take advice on your specific circumstances. The most up to date guidance can be found on the Home Office website available here.

    Contributors

    Elaine McIlroy

    Partner

    Gregor Craig-Murphy

    Senior Solicitor