Fact sheet on new migration measures
On 21 December, the Home Office published a fact sheet on the immigration policy changes announced earlier this month.
Some of the policy changes, due to come into effect in Spring 2024, would include stopping care workers (SOC 6145) and senior care workers (SOC 6146) from bringing dependants to the UK. It would also increase the minimum salary threshold for those applying for a Skilled Worker visa to £38,700.
While those on the Health and Care Visa would be exempt from the salary threshold increase, many questions remained on the details of these changes.
Until the immigration rules are amended, the current thresholds and policies remain in place. Full details of transitional provisions will be set out next year when further policy details will be announced; however, to provide further clarity for those currently in the UK the Home Office has confirmed the following.
The changes to care workers and senior care workers will be introduced as soon as possible in the new year.
Care workers and senior care workers already in the route will be able to remain with their dependants, including extending, changing employer (within these SOC codes) and settlement.
Where a care worker or senior care worker is in the route before the Immigration Rules change, but has not yet brought dependants, they will be allowed to bring dependants during their sponsorship (on this visa).
Individuals who are in the UK on any other route, including where that route permits dependants, who switch into the care visa as a care worker or senior care worker after this date, will not be able to stay with (or bring over) dependants.
Care providers who were sponsoring workers in exclusively non-regulated activities (and therefore not required to be registered with the CQC) before the rules change should be able to continue to sponsor these workers, including for extensions to their visa on those terms, but not hire new ones.
Minimum Income Requirement for family visas will rise from £18,000 to £29,000 in Spring 2024.
For British citizens and those with Indefinite Leave to Remain, the Minimum Income Requirement will rise to £29,000. This is the first stage of incremental rises which will see the Minimum Income Requirement increase to £34,500 and eventually £38,700, as initially announced. No timeframe has been set for the further increases.
The changes to salary thresholds for Skilled Workers will be introduced via Immigration Rules with implementation in April.
Those on the Health and Care Visa are exempt from the proposal salary threshold increase, providing they continue to be paid in line with national payscales.
Those already in the Skilled Worker route before the Immigration Rules changes should be exempt from the new median salary levels when they change sponsor, extend, or settle. The Home Office would, however, expect their pay to progress at the same rate as resident workers.
The Home Office also confirmed that the Shortage Occupation List (SOL) will be renamed the Immigration Salary List and the MAC will advise on which of the current SOL occupations should remain on the list in line with the new salary thresholds. The current SOL will remain in place until the new salary thresholds are put in place in late Spring.
Clarifications were also given to the family migration minimum income and the graduate visa route.
View the fact sheet on the Gov.UK website.
We have updated our resources based on this information. NHS Employers will continue to update employers as more details become available.
