New law: Employers prepare for immigration rule changes

The changes, due to come into force in Spring 2024, include the following:

• An increase in the threshold salary for Skilled Worker sponsorship to £38,700 (subject to some exceptions, such as in the health and care sector, and those on national pay scales, including teaching staff).
• Removal of the salary discount of 20% for jobs on the shortage occupation list, to be replaced by a general threshold discount of less than 20% (the precise percentage yet to be revealed) for those on a new, shorter ‘immigration salary list’.
• A requirement for care provider sponsors of workers in England on health and care visas to be registered with the Care Quality Commission.
• Removal of the rules allowing those on health and care visas to bring dependent family members with them.
• An increase in the minimum income required before British citizens/settled persons can sponsor an overseas partner, to £38,700. It appears that the extra income requirement for any children is to be retained. It is not clear if the alternative minimum savings option, currently requiring savings of at least £62,500 for six months, will also be increased. Nor is it clear if transitional provisions will apply to partners already here.

Note that the government has already announced that the Immigration Health Surcharge increases to £1,035 per year of visa (currently £624 per year of visa) early in 2024. Civil penalties for immigration breaches increase to £60,000 per illegal worker (from £20,000) in January 2024.

Operative date

• From January 2024

Recommendation

• Employers should consider the impact of the new rules on their ability to recruit and retain overseas staff and their financial impact, and budget and plan accordingly.