As we approach the end of 2023, the Government has made more pronouncements regarding immigration which will impact those working in the UK and their family members as well as the family members of British Citizens and others.

The Announcement on 4 December 2023

Following the statement by Home Secretary James Cleverley on 4 December, when he announced proposals to “reduce net migration”, the Government revealed its latest suggested changes to the UK Immigration Rules and routes, which focus on visa applications being made by sponsored Skilled Workers, family members of British Citizens and those with the right to remain in the UK permanently (‘family members’), as well as the immediate family members of student visa holders.

In introducing the changes, Cleverley stated in Parliament that:

• “The first of our five points will be to end the abuse of the health and care visa. We will stop overseas care workers from bringing family dependants and we will require care firms in England to be regulated by the Care Quality Commission in order for them to sponsor visas. Approximately 120,000 dependants accompanied 100,000 care workers and senior care workers in the year ending September 2023. Only 25% of dependants are estimated to be in work, meaning a significant number are drawing on public services rather than helping to grow the economy. We recognise that foreign workers do great work in our NHS and health sector, but it is also important that migrants make a big enough financial contribution. Therefore, we will increase the annual immigration surcharge this year by 66% from £624 to £1,035 to raise on average around £1.3bn for the health services of this country every year.

• “We will stop immigration undercutting the salary of British workers. We will increase the skilled worker earnings threshold by a third, to £38,700 from next spring in line with the median full-term wage for those kinds of jobs. Those coming on health and social care visa routes will be exempt so we can continue to bring in the healthcare workers on which our care sector and NHS rely.

• “Thirdly, we will scrap cut-price shortage labour from overseas by ending the 20% going-rate salary discount for shortage occupations and reforming the shortage occupation list. I have asked the Migration Advisory Committee (MAC) to review the occupations on this list because of our new higher-skilled worker salary thresholds, and we will create a new immigration salary list with a reduced number of occupations in co-ordination with the MAC.

• “Fourthly, we will ensure that people only bring dependants who they can support financially by raising the minimum income for family visas to the same threshold as the minimum salary threshold for skilled workers, which £38,700. The minimum income requirement of £18,600 has not been increased since 2012. This package of measures will take place from next spring.

• “Finally, having already banned overseas masters students from bringing family members to the UK, I have asked the Migration Advisory Committee to review the graduate route to prevent abuse, to protect the integrity and quality of the UK’s outstanding higher education sector. It needs to work in the best interests of the UK, supporting the pathway into high quality jobs for the global talent pool but reducing opportunities for abuse.

  - From January 2024, the right for international students to bring dependants will be removed unless they are on postgraduate courses designated as a research programme. We always want to attract the global brightest and best.

  - We have also stopped international students from switching out of the student route into work routes before their studies have been completed. These changes will have a tangible impact on net migration.

  - Around 153,000 visas were granted to dependants of sponsored students in the year ending September 2023, today I can announce that we will go even further than those provisions already in place, with a five-point plan to further curb immigration abuses that will deliver the biggest ever reduction in net migration.

  - In total, this package, plus our reduction in students dependants will mean around 300,000 fewer people will come in future years than have come to the UK last year.”

Show me the money

In summary, the proposed changes are:

• Increasing the salary threshold for Skilled Workers to £38,700pa (from £26,500pa) – sponsored Skilled Workers must be paid the higher of this threshold or the relevant SOC Code rate

• The Skills Shortage Occupation List is to be reviewed and the salary discount to be removed

• Family members of British Citizens making applications to enter the UK to meet an increased Minimum Income Requirement (MIR) of £38,700pa (up from £18,600pa)

• Family members of students cannot accompany the student to the UK unless the course of study is a research programme

• Sponsored Skilled Workers on health and care worker visas will not be able to bring their family members as dependents to the UK

• The Immigration Health Surcharge is being increased to £1035pa per adult on 16th January 2024 – this is not a new change and was announced in mid-October 2023

At the present time the devil remains in the detail and there are no firm dates for introduction; there is also hope/potential that the government bow to the outcry and do not introduce such sweeping hikes.

Bindmans continues to engage with the Home Office to highlight the impact this will have on businesses, the British economy, families and the UK generally and we will provide further updates as things unfold.