Latest Immigration Rule Changes: What You Need to Know

On 14^th March 2024, the Home Office issued its latest Statement of Changes, together with a separate explanatory document. This will implement amendments to the Immigration Rules, most significantly incorporating a number of the ‘five-point plan’ measures outlined in our previous blog, which primarily relate to work and family applications.

The Statement also introduces two new appendices to the Rules. The first, Appendix Long Residence, will take effect from 11^th April 2024 and incorporates the rules relating to applications for settlement based on 10 years’ long residence together with the standard requirements outlined in separate appendices on English language, knowledge of life in the UK, and continuous residence. It also introduces a requirement that applicants must have held their current visa for one year, or been otherwise exempt from immigration control, in order to qualify for settlement. Moreover, it is interesting to note that the new appendix includes the requirement that an applicant applying for an extension of their permission to stay under the long residence rules must not fall foul of the Part 9 general grounds of refusal. The second new appendix, Appendix Adoption, will take effect from 6^th June 2024 and replaces existing provisions for children entering the UK for the purpose of adoption.

The Statement also introduces numerous minor amendments, including those that have the effect of limiting the scope of applications for administrative review of EU Settlement Scheme (‘EUSS’) decisions, simplifying Appendix Administrative Review, and expanding the scope of pre-settled status holders under the EUSS to apply for immediate settlement under Appendix Victim of Domestic Abuse.

Skilled Workers

For the sections of the Immigration Rules that relate to Skilled Worker applications, a number of the changes reflect the recommendations from the rapid review by the Migration Advisory Committee, which were outlined in our latest blog.

The Statement introduces the increase to the general salary threshold from £26,200 to £38,700 for Skilled Worker applications relating to Certificates of Sponsorship assigned on or after 4^th April 2024. In addition, the going rates for occupations eligible for sponsorship will be increased in line with the median wage (50^th percentile) for that occupation, as opposed to the 25^th percentile, in line with Office for National Statistics (‘ONS’) pay data. 

For workers sponsored for Health and Care visas and occupations where going rates are set according to national pay scales, the new median salary requirements will not apply. However, the general salary threshold for these occupations is set to increase from £26,200 to £29,000, and going rates for these occupations will increase based on latest pay data from the ONS and/or latest available national pay scales.

It is also confirmed that the Shortage Occupation List (‘SOL’) will be replaced with the Immigration Salary List (‘ISL’) from 4^th April 2024. Occupations falling within this list will retain the 20% salary discount to the general threshold; however, the salary discount of 20% to going rates will be removed together with a reduction in the occupations falling within the list.

Partner and child applications under Appendix FM

The Statement of Changes confirms that the minimum income threshold for new partner or child applications made on or after 11^th April 2024 will be £29,000. It also confirms that the additional element to the threshold for certain dependant children will be removed.

The changes incorporate transitional provisions for those already on the partner or child route, or those who have submitted an application prior to 11^th April 2024. In addition to this, those who have applied for a fiancé(e) or proposed civil partner visa prior to this date will be able to rely on the transitional provisions when they come to apply for leave to remain as a partner following their marriage or civil partnership to the same partner in the UK. 

The initial increase to the minimum income threshold is the first increment to be implemented, with a further rise to £34,500 anticipated by the end of 2024, and a final rise to £38,700 in early 2025. It is currently unclear whether transitional provisions will be introduced for those that apply based on the £29,000 or £34,500 thresholds.

How we can help

If you are affected by the upcoming changes to the Immigration Rules, our experienced team of solicitors are well placed to advise you. Please do not hesitate to contact our immigration team if you wish to arrange a consultation.