By Paul Richmond – Managing Companion
As we step into the second month of 2024, the UK’s immigration panorama has already undergone important transformations this 12 months, fuelled by the federal government’s overarching purpose of lowering web migration. These immigration adjustments not solely mirror the priorities of the current authorities, but additionally maintain profound implications for people, companies, and households.
On this publish, we current a timeline of the important thing amendments which were made to the UK’s Immigration Guidelines to this point this 12 months. Moreover, we purpose to help readers in understanding the scheduled implementation dates for upcoming adjustments to the UK Immigration system within the early months of 2024.
For individuals who desire a fast abstract, the important thing dates and related adjustments to the Immigration Guidelines to pay attention to are follows:
- 1 January 2024: UK Pupil Visa guidelines amended to forestall most worldwide college students from being accompanied or joined by a dependent while learning within the UK;
- 31 January 2024: Permitted actions for Guests expanded, proper to work situations for Guests amended to permit distant working, Permitted Paid Engagement Customer route merged into the Customary Customer route and new Appendix Bereaved Companion, Appendix Sufferer of Home Abuse and Appendix Statelessness launched;
- 1 February 2024: Digital journey authorisation (ETA) software course of opened for nationals of Bahrain, Kuwait, Oman, the United Arab Emirates, Saudi Arabia and Jordan;
- 6 February 2024: Immigration Well being Surcharge (IHS) will improve by 66%;
- 13 February 2024: Fines for unlawful working will triple underneath a brand new Civil Penalty regime;
- 11 March 2024: Care employees (SOC code 6145) and senior care employees (SOC code 6146) won’t be permitted to convey dependents to the UK and care houses in England might be required to be regulated by the Care High quality Fee (CQC) with a purpose to sponsor migrants underneath the Well being and Care Employee visa route;
- 14 March 2024: A brand new Assertion of Modifications to the Immigration Guidelines might be laid earlier than Parliament which is able to change the prevailing Scarcity Occupation Listing (SOL) with a brand new Immigration Wage Listing;
- 4 April 2024: The minimal wage threshold for a Expert Employee visa will rise from £26,200 to £38,700 each year;
- 6 April 2024: The requirement to resume Sponsor Licences might be eliminated;
- 11 April 2024: The minimal earnings requirement for companions making use of underneath Appendix FM might be elevated from £18,600 to £29,000.
1 January 2024: Modifications to the UK Pupil Visa Guidelines For Dependants
On 1 January 2024, the UK Student Visa guidelines had been amended to forestall most worldwide college students from being accompanied or joined by a dependent while learning within the UK.
The brand new scholar dependent guidelines apply to college students who utilized after 3pm on 17 July 2023 for a course of research commencing on or after 1 January 2024. Beneath the brand new guidelines, a scholar who commences their research on or after 1 January 2024 could solely convey dependents to the UK if they’re both a full-time scholar on a PhD or doctorate diploma or a research-based greater diploma course that lasts 9 months or longer, or they’re a government-sponsored scholar learning a course that lasts for greater than 6 months.
In apply, which means that college students learning a non-research based mostly Grasp’s diploma can now not sponsor their dependents underneath the Pupil Visa route. As for undergraduate college students, solely Bachelor college students who’re on a government-sponsored programme, of at the least 6 months, at the moment are capable of convey their dependents to the UK.
Associated publish: Changes to the UK Student Visa Rules For Dependants From 1st January 2024
31 January 2024: Modifications to the UK Go to Visa Guidelines
Three key adjustments had been made to the UK’s Go to Visa guidelines on the finish of January 2024.
On 31 January 2024, the vary of permitted actions for Guests was expanded, with the purpose of constructing it simpler for Guests to do enterprise within the UK. Notably, the prohibition on Business Visitors working immediately with shoppers for intra-corporate actions was eliminated (though client-facing exercise have to be incidental to the customer’s employment overseas and shouldn’t quantity to the offshoring of a undertaking or service to their abroad employer) and scientists, researchers, and lecturers can now interact in analysis actions past impartial analysis for particular person functions.
Traditionally, Guests to the UK haven’t been permitted to work within the UK or, with few exceptions, obtain fee from a UK supply for any actions undertaken within the UK. While this primary precept stays, on 31 January 2024 the correct to work situations for Guests had been amended to permit Guests to the UK to work remotely whereas within the UK. There is a crucial caveat nonetheless – the primary function of the go to to the UK have to be to undertake a permitted exercise, fairly than particularly to work remotely from the UK. In different phrases, distant working should not be the first function of the go to.
Lastly, on 31 January 2024 the Permitted Paid Engagement Visitor route was merged into the Customary Customer route. Which means that all guests can now undertake permitted paid engagements with out the necessity for a particular visa. It’s essential to notice, nonetheless, that people aspiring to take part in a PPE will need to have organized their exercise earlier than travelling to the UK. Moreover, the exercise have to be accomplished inside 30 days of entry to the UK, regardless that the Customer’s visa might be legitimate for six months.
Associated publish: Even More Changes to the UK’s Immigration Rules!
31 January 2024: Introduction of latest Appendix Bereaved Companion, Appendix Sufferer of Home Abuse and Appendix Statelessness
On 31 January 2024, the newly launched Appendix Bereaved Companion took the place of current provisions for bereaved companions and their dependent kids present in Half 8, Appendix FM, and Appendix Armed Forces of the Immigration Guidelines. Of observe, Appendix Bereaved Companion consists of provisions for dependent kids of Bereaved Companions, recognising the interconnected nature of household models affected by bereavement.
On the identical day, Appendix Sufferer of Home Abuse changed current provisions for Victims of Home Abuse and their dependent kids in Half 8, Appendix FM and Appendix Armed Forces of the Immigration Guidelines. Appendix Sufferer of Home Abuse permits victims of home abuse and their dependents to use for entry clearance from outdoors the UK. That is significantly essential for people who’ve been deserted abroad as a part of the home abuse they’ve endured.
Additionally on 31 January 2024, Appendix Statelessness changed current provisions for Stateless Individuals in Half 14 of the Immigration Guidelines.
Associated publish: Even More Changes to the UK’s Immigration Rules!
1 February 2024: Modifications to the Digital Journey Authorisation (ETA) scheme
Digital Journey Authorisation (ETA) is a brand new requirement for passengers visiting or transiting via the UK who don’t at the moment want a visa for brief stays or who don’t have already got some other UK immigration standing.
Qatari nationals have wanted to use for a UK Digital Journey Authorisation since 25 October 2023.
On 1 February 2024, the digital journey authorisation (ETA) software course of opened for the remaining nationals of the Gulf states (Bahrain, Kuwait, Oman, the United Arab Emirates and Saudi Arabia) and Jordan. Nationals of those nations might be required to carry a UK ETA with a purpose to go to or transit the UK from 22 February 2024.
Digital Journey Authorisation will turn out to be obligatory for all different non-visa nationals earlier than the top of 2024.
Associated publish: How to Apply for a UK Electronic Travel Authorisation (UK ETA)
6 February 2024: Improve within the Immigration Well being Surcharge (IHS)
The Immigration Well being Surcharge is an upfront price paid alongside the submission of (most) visa purposes in order that the person is entitled to have full entry to the Nationwide Well being Service (NHS) while within the UK. There isn’t any restrict to how usually one can entry the NHS. Moreover, there isn’t any choice to decide out of the Immigration Well being Surcharge even when an applicant believes that they won’t use the NHS or would favor to pay for personal well being care.
On 13 October 2023, the UK Authorities introduced a considerable 66% improve within the Immigration Well being Surcharge (IHS). A delegated laws committee of the Home of Commons authorised the Immigration (Well being Cost) (Modification) Order 2023 on 16 January 2024. It has now been confirmed that the rise within the Immigration Well being Surcharge (IHS) will take impact from sixth February 2024.
On 6 February 2024, the Immigration Well being Surcharge is growing for college kids, scholar dependants, these making use of for entry clearance or go away to stay underneath the Youth Mobility Scheme, and purposes made by kids underneath the age of 18 from £470 per 12 months to £776 per 12 months.
For all different related immigration classes for entry clearance or go away to stay in respect of individuals aged 18 years or over on the date of software the Immigration Well being Surcharge is growing from £624 per 12 months to £1,035 per 12 months.
For particulars of individuals who are usually not affected by the Immigration Well being Surcharge (IHS) improve on 6 February 2024, please seek advice from our associated publish under.
Associated publish: IHS Fee Set to Increase 66% on 6 February 2024
13 February 2024: Improve in Fines for Unlawful Working
A brand new civil penalty regime will come into pressure on 13 February 2024.
Presently, the civil penalty for using an unlawful employee is a most of £15,000 per unlawful employee, the place that is the employer’s first offence. If the employer is a repeat offender, the utmost high-quality will increase to £20,000 per unlawful employee.
The brand new civil penalty regime will improve the high-quality for using an unlawful employee to a most of £45,000 per unlawful employee, for a primary time offender. Repeat offenders might be topic to a most high-quality of £60,000 per unlawful employee.
Associated publish: Fines for Illegal Working to Triple From 13 February 2024
11 March 2024: Modifications to Well being and Care Employee Visa Guidelines For Dependants
The Health and Care Worker Visa is open to certified medical doctors, nurses and different well being and grownup social care professionals who want to undertake an eligible job with the NHS, an NHS provider or in grownup social care.
Presently, all Well being and Care Employees could also be joined or accompanied by a dependent companion over the age of 18 and/or a dependent youngster underneath the age of 18.
Nevertheless, from 11 March 2024, care employees (SOC code 6145) and senior care employees (SOC code 6146) won’t be permitted to convey dependents to the UK.
Care employees and senior care employees already within the Well being and Care Employee route will have the ability to stay with their dependants, together with extending, altering employer (inside the above SOC codes) and settlement.
The place a care employee or senior care employee is within the route earlier than the Immigration Guidelines change, however has not but introduced dependents, they are going to nonetheless be allowed to convey dependents throughout their sponsorship on the route.
Moreover, from 11 March 2024, care houses in England might be required to be regulated by the Care High quality Fee (CQC) with a purpose to sponsor migrants underneath the Well being and Care Employee visa route.
Care suppliers who had been sponsoring employees in solely non-regulated actions (and due to this fact weren’t required to be registered with the CQC) earlier than the principles change will have the ability to proceed to sponsor these employees, together with for extensions to their visa on these phrases, however not rent new ones.
These adjustments to the Well being and Care Employee route might be introduced in on 11 March 2024 by way of a Assertion of Modifications to the Immigration Guidelines that might be laid earlier than Parliament on 19 February 2024.
14 March 2024: Introduction of a New Immigration Wage Listing
On 14 March 2024, a brand new Assertion of Modifications to the Immigration Guidelines might be laid earlier than Parliament which is able to change the prevailing Shortage Occupation List (SOL) with a brand new Immigration Wage Listing.
The brand new Immigration Wage Listing will take away the 20% going price low cost to the minimal wage for scarcity occupation roles.
This follows a advice from the Migration Advisory Committee (MAC), which is able to now advise the federal government on which occupations needs to be briefly added to the brand new record.
Employers ought to anticipate a discount within the variety of occupations on the record, probably impacting recruitment methods in particular industries.
Associated publish: How the New Immigration Policies Affect Britons and Businesses
4 April 2024: Improve in Expert Employee Minimal Wage Threshold
On 4 April 2024, the minimal wage threshold for a Skilled Worker visa will rise from £26,200 to £38,700 each year and particular person occupation ‘going rate’ thresholds will rise in keeping with the median full-time wage for equal jobs in 2023.
These already on the Expert Employee visa route earlier than the Immigration Guidelines change won’t be topic to the brand new threshold once they change employment, prolong their keep or settle within the UK. The Residence Workplace will, nonetheless, anticipate their pay to progress on the similar price as resident employees once they subsequent make an software to vary employment, prolong their keep, or settle.
These approaching the Well being and Care Visa route might be exempt from the £38,700 wage threshold relevant to Expert Employees, as will schooling employees in nationwide pay-scale occupations.
These adjustments to the Expert Employee route might be introduced in on 4 April 2024 by way of a Assertion of Modifications to the Immigration Guidelines that might be laid earlier than Parliament on 14 March 2024.
Associated publish: Spring 2024 Immigration Changes: What Businesses and Individuals Need to Know
6 April 2024: Sponsor Licence Renewals Abolished
The Residence Workplace has not too long ago introduced that from 6 April 2024, the requirement to resume Sponsor Licences might be eliminated.
At current, Sponsor Licences are legitimate for 4 years. If licence holders want to hold their licence past the 4 years, they need to make a paid renewal application.
From 6 April 2024, Sponsor Licence holders will now not must make a renewal software or pay a renewal price. As a substitute, the expiry date of all sponsor licences will routinely be prolonged to run out in 10 years’ time.
This elimination of the renewal requirement is being utilized to all sponsor licences which might be as a consequence of expire on or after 6 April 2024, and never solely to new licences obtained after this date. The extension of the expiry date might be computerized and Sponsors won’t be required to take any motion.
Associated publish: Sponsor Licence Renewals Abolished from April 2024
11 April 2024: Improve in Minimal Earnings Requirement for Household Visas
On 11 April 2024, the minimal earnings requirement for companions making use of underneath Appendix FM will improve from £18,600 to £29,000.
This variation to the minimal earnings requirement for companions making use of underneath Appendix FM might be introduced in by way of a Assertion of Modifications to the Immigration Guidelines that might be laid earlier than Parliament on 14 March 2024.
People who’re already on the five-year companion route earlier than the minimal earnings requirement is elevated on 11 April 2024 and who want to apply to increase their keep or settle within the UK will proceed to be assessed towards the £18,600 earnings requirement and won’t be required to satisfy the elevated threshold of £29,000.
Equally, people who apply for a companion visa on the five-year companion route earlier than the minimal earnings threshold is raised from £18,600 on 11 April 2024, could have their purposes assessed towards the present £18,600 earnings requirement and won’t be required to satisfy the elevated threshold of £29,000
Associated publish: Home Office Revises Minimum Income Requirement for Spouse, Partner and Family Visas to £29,000
Contact our Immigration Barristers
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