UK: Important Changes To Skilled Worker Visa In March 2024 And April 2024

IMPORTANT CHANGES TO SKILLED WORKER VISA IN MARCH 2024 AND APRIL 2024

Skilled Worker and Health and Care visa upcoming changes March 2024 and April 2024. Today, 19^th February 2024 the Statement of Changes to Immigration Rules was published which introduces changes to Skilled Worker visa and Health and Care visa. These changes are implementing the measures to curb net migration that were already announced on 4 December 2023 in the plan to cut net migration. We summarised the plan in our blog article on 4^th December 2023.In our previous blog on 27^th December 2023 we provided information on the implementation timeline available at the time and this new blog we provide specific dates confirmed by the UK government in press release by the Home Secretary.

WHEN THE NEW SKILLED WORKER AND HEALTH AND CARE VISA CHANGES TO IMMIGRATION RULES START TO APPLY – IMPLEMENTATION

The changes to Health and Care visa relating to no dependent family members permitted and requirement to for sponsor employers in England to be registered with Care Quality Commission shall take effect on 11 March 2024. In relation to those changes, if an application for entry clearance, leave to enter or leave to remain, has been made before 11 March 2024, such applications will be decided in accordance with the rules in force on 10 March 2024.

A new increase to the minimum salary required for those arriving on the Skilled Worker visa from £26,200 to £38,700, are due to take effect on 4 April 2024.

As the MAC recommended in October 2023, Home Office will remove the 20% going rate discount for occupations on the Shortage Occupation List (SOL), which will be renamed the Immigration Salary List (ISL). The ISL will also be introduced from April 2024.

CHANGES TO APPENDIX SKILLED WORKER – STATEMENT OF CHANGES 19^TH FEBRUARY 2024

As announced by the Home Secretary on 4 December 2023 , changes are being made to tighten the Health and Care Worker route for Skilled Workers sponsored as care workers or senior care workers (occupation codes 6145 and 6146), in response to high levels of non-compliance and worker exploitation and abuse, as well as unsustainable levels of demand.

These changes:

• Remove the provision for dependants to accompany or join workers sponsored in 6145 and 6146 occupation codes (other than providing for children born in the UK to regularise their stay); and
• Narrow the eligibility for workers to be sponsored in these occupation codes in England from all jobs to only jobs where the sponsor is registered with the Care Quality Commission (CQC) and is currently carrying on a regulated activity (this does not affect the eligibility of jobs in Scotland, Wales and Northern Ireland).

TRANSITIONAL ARRANGEMENTS – STATEMENT OF CHANGES 19^TH FEBRUARY 2024

Transitional arrangements are being applied for Skilled Workers who have applied on the route and are sponsored in 6145 and 6146 occupations before these changes come into force on 11th March 2024. These arrangements allow them to apply to extend their permission with the same sponsor, and settle, without the CQC regulation requirement applying to them. They also allow such individuals to be accompanied or joined by dependants, including in cases where they change jobs to another sponsor who meets the CQC regulation requirement.

UPCOMING CHANGES TO MINIMUM PAY FOR SKILLED WORKER VISA ARE TO COMMENCE ON 4^TH APRIL 2024

A new increase to the minimum salary required for those arriving on the Skilled Worker visa, from £26,200 to £38,700, on 4 April 2024. Those coming on the Health and Social Care Visa route will be exempt from the £38,700 salary threshold applied to skilled workers, to continue to bring the healthcare workers that care sector and NHS need. Home Office is also exempting education workers on national pay-scale occupations.

Last but not least, it is important to remember that the UK minimum wage is due to increase from 1^st April 2024 to £11.44 which applies to Health and Care visa as well.

REFORM OF SHORTAGE OCCUPATION LIST APRIL 2024

As the MAC recommended in October 2023, Home Office will remove the 20% going rate discount for occupations on the Shortage Occupation List (SOL), which will be renamed the Immigration Salary List (ISL). The ISL will also be introduced from April 2024.

Regarding the reform of the Shortage Occupation List on 17^th January 2024 Home Secretary has commissioned the Migration Advisory Committee (MAC) to review the composition of the Shortage Occupation List. Migration Advisory Committee (MAC) will carry out a rapid review of the new Immigration Salary List in time for its implementation in the Spring Immigration Rules.

The Home Secretary is asking the MAC to consider which occupations from the current SOL and/or the MAC's October 2023 recommended SOL (converted to their SOC 2020 equivalents) should be temporarily included on an initial ISL from April 2024 ahead of a wider review, which the Government will commission in the near future. The report is requested from the MAC by 23 February 2024. The Government will then consider the MAC's recommendations with a view to implementing an initial ISL from April 2024.

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