At a glance

• On 14 March 2024, the UK Home Office published its changes to the immigration rules.
• These include an increase to the general and specific thresholds to the Skilled Worker and Global Business Mobility routes.
• The changes remove the current Shortage Occupation List (SOL) with a shortened Immigration Salary List (ISL). Inclusion on the ISL provides a discounted salary threshold to employers.
• The new entrant discount, for students and those aged under 26, has been retained.
• Other changes include updates to the Temporary worker routes and the Electronic Travel Authorisation (ETA).
• The changes related to work visas will come into effect from 4 April 2024, with other changes coming into effect later.

Background

The government commissioned the Migration Action Committee (MAC) to undertake a rapid review of the Skilled Worker route, and the Immigration Salary List (ISL). This review was published on 23 February 2024.

In its response to the review, the government has accepted the MAC’s recommendations to the ISL in its entirety, except for the exclusion of two fishing occupations (5119 and 9119). These roles will be kept on the ISL temporarily to support the sector.

The government intends on commissioning the MAC to carry out a full review of the ISL, including a public call for evidence over the remainder of 2024.

The changes to the immigration rules have now been published and reflect the MAC’s rapid review from February 2024, and their recommendations of October 2023 to the Creative Worker route.

A summary of the key changes is outlined below.

Skilled Workers

• As announced, the minimum salary threshold to sponsor workers in the Skilled Worker category from 4 April 2024 will be GBP38,700 or higher (if the occupation code specifies a higher salary).
• Transitional provisions confirm employees who were issued with a Skilled Worker visa under the rules in place before 4 April 2024, will not be subject to the new GBP38,700; however, minimum occupation specific salary thresholds for those individuals will reflect a higher amount than the previous rules (see table below). Employers will therefore need to ensure that these sponsored employees are receiving the required salary prior to submitting any extension or indefinite leave to remain applications.
• The new minimum salary rates, including discounted rates that will be available, are as summaries in the table below:

Category	Old rate	Extension rate	New rate
General requirement	GBP26,200; and going rate for the SOC 2010 occupation code.	GBP29,000; and going rate for the SOC 2020 occupation code.	GBP38,700; and going rate for the SOC 2020 occupation code.
Sponsored workers with a PHD in a subjected relevant to their role	GBP23,580; and 90% of the going rate for the SOC 2010 occupation code.	GBP26,100; and 90% of the going rate for the SOC 2020 occupation code	GBP34,830; and 90% of the going rate for the SOC 2020 occupation code
Sponsored workers with a PHD in a STEM subject	GBP20,960; and 80% of the going rate for the SOC 2010 occupation code.	GBP23,200; and 80% of the going rate for the SOC 2020 occupation code	GBP30,960; and 80% of the going rate for the SOC 2020 occupation code.
Workers to be sponsored in an occupation on the new Immigration Salary List (ISL)/ Shortage Occupation List (SOL) will continue to apply for extension applications	GBP20,960; and 80% of the going rate for the SOC 2010 occupation code.	GBP23,200; and 80% of the going rate for the SOC 2020 occupation code.	GBP30,960; and Going rate for the SOC 2020 occupation code.
Sponsored worker is considered to be a new entrant	GBP20,960; and 70% of the going rate for the SOC 2010 occupation code.	GBP23,200; and 70% of the going rate for the SOC 2020 occupation code.	GBP30,960; and 70% of the going rate for the SOC 2020 occupation code.
Workers sponsored to work in a listed health or education occupation	GBP20,960; and going rate for the SOC 2010 occupation code.	GBP23,200; and going rate for the SOC 2020 occupation code. Although a reduction in the salary rate for some occupations is permitted of up to 8 months if applicant is working towards registration with the NMC.

 

• There is also an increase to the specific salary rates for all occupations as they rely on an updated mechanism. As such, we expect the minimum salary required for many roles to be higher than GBP38,700.
• The new entrant rate will continue to apply to those who are 26 years of age or under and those who:
  • are carrying out a postdoctoral position in certain specific occupations;
  • are being sponsored to work in a UK Regulated Profession and are training towards a professional qualification for that profession; and
  • some students who have completed their studies in the UK on certain courses and meets the relevant requirements.
• Jobs considered to fall within the ‘Health and Care ASHE salary job category’ and appropriate sponsoring organisations have been clearly defined. This information has previously been set out in the Health and Care Visa guidance.
• 11 occupations have been removed from the new Skilled Occupations list including Nannies and Au pair, complementary health associate professionals, caretakers and visual merchandisers and related occupations. It will no longer be possible to sponsor new migrants in these occupations but those who are already here, will be able to extend their visa and apply for permanent residency.
• The ISL has been largely adopted as advised by MAC; however, the UK authorities have chosen to retain occupations falling within 5119: Agriculture and fishing trades not elsewhere classified and 9119: Fishing and other elementary agriculture ignoring MAC’s warning on the risk of exploitation.
• These rules apply to any applications that are submitted after 4 April 2024. Importantly, any visa application that is based on a certificate of sponsorship assigned prior to this date, will be considered based on the previous rules (with lower salary thresholds). We expect a significant increase in such applications, and as such any applications/certificates should be submitted as soon as possible.
• The salary thresholds that need to be met by employees when applying for Indefinite Leave to Remain will also remain lower those whose visas were sponsored before 4 April 2024, although these rates have also seen a slight increase across the board on the list.
• The definition of supplemental has been amended to include reference to the ISL.

Global Business Mobility

On 4 April 2024, the following changes are being made to the Global Business Mobility routes:

• The minimum salary threshold to sponsor workers in the Senior or Specialist Worker and UK Expansion Worker subcategories will be increasing from GBP45,800 to GBP48,500 or higher (if the occupation code specifies a higher salary). No transitional measures will apply to employees already sponsored in the UK under this subcategory.
• For the Graduate Trainee subcategory, the minimum salary threshold will be increasing from GBP24,220 to GBP25,410 or higher (if the occupation code specifies a higher salary). No transitional measures will apply to employees already sponsored in the UK under this category.
• The Service Supplier subcategory has been extended to contracts for services that are covered by the Comprehensive and Progressive Agreement for Transpacific Partnership (CPTPP), provided it is in force and ratified as required, and other UK’s international trade agreements. The CPTPP has not yet fully taken affect but the inclusion in the rules reflects the UK’s commitments under the agreement and will allow businesses to apply for a Sponsor Licence under this category. This will in turn allow businesses to sponsor service providers to work in the UK for up to a 12-month period.
• 12 occupations eligible for sponsorship under the Global Business Mobility routes will be removed. It will continue to be possible to extend the visas of individuals already sponsored in the UK under these occupations.

Scale-up

On 4 April 2024, the following changes are being made to the Scale-up category:

• The minimum salary threshold for sponsored and unsponsored visas will be increasing from GBP34,600 to GBP36,300 or higher (if the occupation code specifies a higher salary).
• Transitional arrangements will apply to employees already in the UK under this category with the minimum salary for those who applied for a Scale-up visa under the rules in place between 12 April 2023 and 3 April 2024 remaining at GBP34,600. Prior to 12 April 2023, the minimum salary threshold was GBP33,000.

International Sports Persons

• The Scottish Canoe Association has been listed as the appropriate Sporting Governing Body for international sportspersons being sponsored to participate in Canoeing in Scotland.

Temporary Workers

On 4 April 2024, the following changes are being made to the Temporary Worker categories:

Seasonal Workers

The minimum salary threshold for roles sponsored under occupation code 5431 and 5433 in the poultry production sector will increase to GBP38,700 from GBP26,200.

Youth Mobility Scheme

An increased number of places under the Youth Mobility Scheme are being offered to Australian and New Zealand nationals.

Government Authorised Exchange

• Erasmus, the European Voluntary Service (Youth in Action Programme) and Lord Chancellor’s Training Scheme for Young Chinese Lawyers will be removed from the approved list of schemes.
• The Future technology research and innovation scheme will be added.

The following changes will be coming into effect on 16 May 2024:

Creative Workers

• In line with MACs recommendations, the UK Home Office has removed any reference to the ISL and resident labour market test for workers being employed under this subcategory.
• Employers of Creative Workers will need to provide details of any expenses being paid to these workers and if they will be recouped from the individual.
• If a Creative Workers sponsorship is part of a group and the primary artists or entertainers visa application is refused, all applications relating to the same group will also be rejected.

Private servants in a diplomatic household

Individuals applying for entry clearance will need to meet an English language requirement to at least B1 level in all 4 components.

Electronic Travel Authorisation

The rules incorporate some changes to the ETA which have already been introduced for some Non-Visa Nationals (nationals of countries who do not require a visa prior to travel). We expect a full roll-out later this year.

The ETA requirements currently apply to nationals of Qatar (since 25 October), Bahrain, Kuwait, Oman, Saudia Arabia, United Arab Emirates and Jordan (from 1 February 2024).

Those who are lawfully resident in the Republic of Ireland and travelling within the CTA will be exempt from requiring an ETA. British Overseas Territory Citizens will also be exempt from requiring an ETA.

 

For further information, please contact Hamza Malik, Gulcin Kashano or Eilidh Moncrieff in our Immigration team.

 

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