2024 UK Immigration Rule Changes
Frequent amendments to the immigration rules are keeping Immigration Solicitors studying Home Office announcements but the rule changes can lead to confusion if you are a UK visa applicant or sponsor licence holder trying to navigate the immigration rules without expert immigration law advice.
In this blog, our Immigration Solicitors take a quick look at the 2024 UK immigration rule changes and explain what you need to look out for.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
The scope of the 2024 UK immigration rule changes
A lot is changing in 2024 when it comes to immigration law and rules. The key changes are to:
- The immigration health surcharge
- The financial requirement and the Family Visa
- The minimum income requirement and the Work Visa
- Dependant Visas for family members of international students or those applying to come to the UK on the Health and Care Worker Visa
- Permitted work definitions and the UK business Visitor Visa
- Asylum claims and the Rwanda scheme - in this blog our Immigration Solicitors will not attempt to predict the 2024 immigration rule changes and where the Rwanda scheme will get to by the end of 2024
The immigration health surcharge
The immigration health surcharge is due to go up on 31 January 2024 or possibly later.
The increase is from £624 to £1,035 a year for most adult visa applicants.
If you can apply for a visa before 31 January 2024 our Immigration Solicitors recommend you do so because of the impact of the increase in the immigration health surcharge. The charge is payable at the time of your visa application and the length of your visa will affect the amount payable. The current immigration health surcharge for a 3-year Skilled Worker Visa is £1,872. The surcharge will increase to £3,105 when the rise comes into force.
The immigration health surcharge is a fee payable by the visa applicant – it is not the responsibility of an employer sponsoring a Skilled Worker Visa applicant unless they voluntarily agree to fund the surcharge.
The financial requirement and the Family Visa
The financial requirement for the Family Visa is changing but there is a lot of confusion about the new immigration rules – partially because the government initially indicated that the financial requirement would increase in Spring 2024 to £38,700. That is no longer the case.
The Family Visa financial requirement applies to visas such as:
- Spouse Visas
- Unmarried Partner Visas
- Partner Visas
- Civil Partner Visas
The financial requirement currently says that a sponsoring partner or visa applicant needs a minimum income requirement of £18,600. Most Spouse Visa applicants cannot rely on their own income as they will not have a job in the UK if they are applying for their Spouse Visa from overseas.
The current Spouse Visa financial requirement increases if a visa applicant is accompanied by non-British dependent children. For the first child, the financial requirement increases by £3,800 and for each additional child by £2,400.
In April 2024 the financial requirement will increase from £18,600 to £29,000 but there will no longer be a separate add-on minimum income requirement for dependent children so however large your family the financial requirement is set at £29,000.
The government has said in a further announcement that the financial requirement will then move to the 40th percentile of earnings for jobs at the skill level of RQF3 (currently £34,500) and finally to the 50th percentile (currently £38,700). At one point the government said the rise to £38,700 would take place by late 2024 or January 2025 but there is no certainty about these dates.
Spouse Visa Solicitors are already receiving calls from Family Visa holders worried about Spouse Visa extension applications or indefinite leave to remain applications. The government has said:
- If you are in the UK already on a Family Visa (having entered the UK on the £18,600 financial requirement) then when you come to apply for a Family Visa or Spouse Visa extension or apply for indefinite leave to remain then the application will be assessed using the current financial requirement rules (£18,600 – unless you have dependent non-British children when the figure is higher)
- If you get a Fiancé Visa before the minimum income threshold is increased then when you apply for a Family Visa the Home Office will assess the visa application using the current income requirement
- If you are in the UK on a non-Family Visa route and switch to a Family Visa after the minimum income requirement has increased then the increased financial requirement will apply to your Family Visa application or extension application
Spouse Visa Solicitors understand that the 2024 UK immigration rule changes are both worrying and confusing. If you need help with the timing of your Family Visa application, the financial requirement that will apply to you or advice on the many ways in which the financial requirement can be met then call our Immigration Solicitors on 0203 959 9123 or contact us online.
The minimum income requirement and the Work Visa
The minimum salary threshold for new applicants for the Skilled Worker Visa will increase from £26,200 per year to £38,700 in Spring 2024. Those applying for the Health and Care Worker Visa (under the Skilled Worker Visa route) will not face changes to their minimum salary threshold.
If you are planning to apply for a Skilled Worker Visa or your business intends to sponsor a Skilled Worker Visa applicant then it is best to make the Skilled Worker Visa application before Spring 2024.
If you are already in the UK on a Skilled Worker Visa the government has said that if you apply to extend your Skilled Worker Visa, switch to a new sponsoring employer, or apply for indefinite leave to remain then the current minimum salary threshold will apply to your Work Visa application or indefinite leave to remain application.
Dependant Visas for family members of international students or Health and Care Worker Visa applicants
New immigration rules for UK Student Visa say that from 1 January 2024 international students on Student Visas can only bring their partner and children to the UK if they are studying:
- For a Ph.D. or other doctorate at RQF level 8 or
- A research-based higher degree
The government plans to bring in new immigration rules about Dependant Visas for the family members of some workers who enter the UK on the Health and Care Worker Visa. The plan is to restrict Health and Care Worker Visa applicants working in the UK with a job description of care worker (standard occupational classification code 6145) or senior care workers (standard occupational classification code 6146) from being able to sponsor dependant family members on Dependant Visas. If someone is already sponsored to do this job in the UK then the rules will not retrospectively apply to them.
Permitted work definitions and the UK business Visitor Visa
The business Visitor Visa restricts the work-related activities that can be carried out to ‘permitted activities’. The most important rule change is ending the rule that says visitors cannot work directly with clients in the UK. In its place client-facing activity on a business Visitor Visa will be allowed if the activity is incidental to the visitor’s overseas job and will not lead to the offshoring of a project or service by their overseas employer. In addition, Visitor Visa holders will be able to work remotely whilst in the UK provided remote working is not the primary purpose of their visit.
How can OTS Solicitors help
Our individual Immigration Solicitors and Business Immigration Lawyers can answer all your queries on the 2024 immigration rule changes and guide and support you through the visa application process.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
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