On December 4, 2023, Home Secretary James Cleverly revealed a 'five-point plan' aimed at reducing immigration, with proposed visa changes. Additional details were released by the Home Office on December 21, modifying some aspects of the initial announcement. As of the current writing, none of these changes have been implemented.
What are the Proposed Five Adjustments to Visa Rules ?
- Exclusion of dependents for social care workers, prohibiting the inclusion of partners and children on their visa.
- A substantial increase in the baseline minimum salary for Skilled Worker visas, from £26,200 to £38,700.
- Modifications to the shortage occupation list aimed at significantly reducing the number of jobs eligible for sponsoring overseas workers below the baseline minimum salary, a primary purpose of the list.
- Gradual elevation of minimum income required to sponsor someone for a spouse/partner visa.
- A review by the Migration Advisory Committee of the Graduate visa, a two-year unsponsored work permit designed for overseas graduates from British universities.
When Will the Changes Take Effect ?
The Home Secretary originally indicated that they would be implemented 'from next spring,' excluding the Graduate visa review. However, different timelines have now been established for various measures:
- The ban on newly arriving care workers bringing their immediate family will be enforced 'as soon as possible in the new year' of 2024.
- The Skilled Worker minimum salary increase is scheduled for April 2024.
- Changes to the shortage occupation list are also set to take effect in April 2024, with the Migration Advisory Committee actively working on recommendations for the new list.
- The minimum income for the spouse/partner visa will see an initial rise to £29,000 in 'spring 2024,' followed by an increase to around £34,500 at an unspecified later time (likely in 2024) and a final increase to around £38,700 'by early 2025.'
- The Graduate visa review is slated to commence in January and may extend until 'late 2024.'
Will There be Advance Notice of the Precise Date for the Changes?
All these measures necessitate implementation through statements of changes to the Immigration Rules. These statements must be presented before Parliament, making them publicly accessible.
Legally, there is no mandated minimum duration for statements to be laid before becoming effective. As a convention, there is typically a period of at least 21 days between the statement being laid and the changes it contains taking effect, often extending further in practice.
Beyond the formal procedure, the Government has expressed its intention to unveil additional policy details in due course. This could potentially include more specific dates for implementation.
Parliamentary Approval and Timing
Changes to Immigration Rules take effect automatically unless actively annulled by either the House of Commons or House of Lords within 40 days. Typically, no vote occurs, and the government isn't obligated to schedule one in the Commons, even if a motion is tabled. Votes, if they occur, cannot amend proposed changes; they are either accepted or rejected in their entirety. No further legislation is required.
Government's Motivation for Changes
Spouse/Partner Visa and Income Threshold
Minimum Income Rules in Comparable Countries
Many countries require proof of sufficient economic resources for spouse visas, but the expression and assessment of this requirement vary. While exact comparisons are challenging, the UK government's intended threshold of £38,700 appears higher than thresholds found in other countries expressing a minimum income requirement.
Skilled Worker Visa Threshold for Existing Holders
The higher £38,700 salary threshold for the Skilled Worker visa will not apply to individuals already in the Skilled work route or those who applied before the rule change. Certain circumstances allow individuals to be paid slightly less than the baseline minimum salary, including "new entrants" to the labor market. However, no indication suggests a change, except for revisions to the shortage occupation list.