Unveiling the UK Government's Five-Point Immigration Plan: Unnecessary Strain on Employers and Families
In the wake of recently revised net migration figures for 2022 which placed net migration at 745,000 for that year, the UK Government unveiled a “Five-Point Plan” aimed at curbing immigration. It anticipates that these changes will cut around 300,000 visa applicants from the figures – this will come at a direct cost to UK businesses and to families, especially British citizens with a non-British partner.
Headline Changes
The major changes announced include:
Skilled Worker Visa – one of the biggest changes announced was the plan to increase the general salary threshold for work-related visas by 48%, from the current threshold of £26,200 to £38,700 – we explore this change further below. Health and Care Visas will be exempt.
Family of British citizens/Settled persons in the UK – the minimum income requirement for British/settled persons to sponsor their family for a UK visa will increase drastically from the current level of £18,600 to £38,700 – this change is also discussed further below.
Health and Care Worker – the UK Government plans to remove the right for these visa holders to bring dependant family members to the UK. This will likely have a major cooling effect on the number of people applying for Health and Care Worker visas as applicants are unlikely to want to leave their spouses and children behind, thus negatively impacting the chronically short-staffed healthcare sector in the UK. Some visa applicants may be desperate enough to leave their families behind in pursuit of a higher paying job in the UK – a grim prospect for many young children who may grow up apart from their parent(s) as a direct result of the UK Government’s arbitrary pursuit of lower net migration figures. A further change in this sector is that care providers will only be able to sponsor migrant workers in England if they are undertaking activities regulated by the Care Quality Commission.
Shortage Occupation List – this list will be abolished and replaced with a new Immigration Salary Discount List, ending the 20% going rate salary discount for shortage occupations in a further blow to employers especially those in sectors which are short-staffed.
Graduate Visas – a review of this (very new) visa category has been requested, to prevent ‘abuse’ – though it is quite unclear what type of abuse has occurred to date.
This plan has sparked major concerns, particularly in two key areas: changes to sponsored work visas and modifications to partner visa applications, especially those related to British citizens. These areas are explored further below.
Skilled Worker Visa: increased barriers to hiring talent
The government's plan includes an eye-watering hike in the minimum salary threshold for Skilled Worker visas from the current level of £26,200 to £38,700 per annum. This massive increase will undoubtedly affect employers and potential migrants alike particularly in sectors and regions with lower median earnings. For context, the median wage in the UK is approximately £34,963 so this new threshold will exceed the average salary in the UK, with significantly lower averages in many of the regions outside London. Indeed, this move contradicts the government's promise of 'levelling up' and is likely to exacerbate inequalities across the UK, further compounded by the abolition of the Shortage Occupation List which provided a 20% discount on the salary threshold for shortage occupation roles.
It’s particularly alarming that only 14 Occupation Codes out of over 260 Occupation Codes currently have a salary at this new salary threshold rate or above, a clear indication that the UK is no longer a country open to the ‘brightest and best’ (only the ‘best paid’).
The repercussions of these changes extend across sectors. The care sector, already grappling with staffing shortages, faces an additional blow with the prevention of overseas care workers from bringing family members. Similarly, industries like hospitality, manufacturing, and higher education have voiced concerns over recruitment challenges and the impact on their workforce dynamics. These changes will be additionally compounded when coupled with the impending increase in the Immigration Health Surcharge from £624 to £1,035 per year (expected in January 2024).
Businesses aiming to sponsor workers with salaries under £38,700 should consider fast-tracking their applications before Spring 2024 (including early visa renewals) to make use of the current rules, and it may be advisable to sponsor for a longer period to ensure staff continuity e.g. five years.
Partner Visa Applications: families under attack
The UK Government clearly intends that most of the 300,000 cut from the net migration figures will come from family members who would previously have qualified for a Dependant Visa. Perhaps the most striking and concerning change relates to family members (partner/children) of British citizens and settled persons: the minimum income requirement is more than doubling from £18,600 to £38,700. This is in addition to the requirement to prove that the relationship is genuine – so, the UK Government is not saying that it will exclude partners of British citizens because it is concerned about a ‘sham’ relationship, rather it is saying that even where a genuine relationship exists it will exclude the partner if the family is not sufficiently wealthy. This new threshold of £38,700 is strikingly high – as mentioned above, it is above the median wage in the UK, meaning the majority of British citizens would no longer qualify to sponsor their family member. Furthermore, there seems to be a risk that the changes will be applied retrospectively meaning families who are already in the UK under the current threshold of £18,600 may no longer qualify to extend their visa – this would be unprecedented and legal challenges can certainly be expected.
Conclusion: the human toll
The government's aspirations for a substantial reduction in net migration seem short-sighted. While attempting to curtail immigration figures, these policies risk exacerbating workforce shortages and crippling sectors vital to the nation's prosperity. The impact is also felt keenly in the lives of families torn apart, including families of British citizens.
As we move forward, it's crucial to consider the human toll of these policies and advocate for a more balanced approach to immigration reform, one that doesn't sacrifice families and crucial sectors at the altar of statistical targets. Of course, it remains to be seen how this plan will come into play surrounding the anticipated General Election which is expected in late Spring 2024.
If you are impacted and would like to discuss these changes further, please contact us to arrange a consultation.