There are many changes coming into play for several immigration routes in 2024 and below are some key points to consider when looking to apply, extend or switch immigration status once the new rules come into force.

Changes from January 2024

Immigration health surcharge fees

On 19 October 2023, the UK government announced that an increase in the Immigration Health Surcharge (IHS) will be implemented from 16 January 2024. This date has now been delayed due to the parliamentary debate which took place on 10 January 2024 and now the increase in fees can only be enforced 21 days after it becomes law. The decision date has not been confirmed yet, therefore the earliest date the increase will come into effect is 31 January 2024 which gives applicants an extra two weeks to submit their applications and make use of the current IHS fee.

Student visa – dependant restrictions

On 1 January 2024, restrictions to the student visa route came into effect prohibiting individuals who apply under this route from bringing their dependant family members to the UK.

However, individuals holding immigration permission as a student may bring their dependant family members if they are either:

  • enrolled on a post-graduate research course; or
  • are on a course with government-funded scholarship(s).

Care workers and senior care workers

Overseas care workers no longer have the option to bring their dependant family members to the UK, which is a change that will be implemented in the beginning of 2024.

Individuals who are already in the UK as a care worker (under occupation code 6145) and senior care worker (under occupation code 6146) may remain in the UK with their dependant family members even if they choose to extend their permission, change their employment or make an application for indefinite leave to remain.

However, it is important to note that if an individual is in the UK under a different immigration route with dependants and chooses to switch into a care visa as a care worker or senior care worker, their dependants can no longer apply to remain in the UK with them.

Changes from Spring 2024

Skilled Worker minimum income requirement: update on the roll-out plan

From Spring 2024, the minimum income requirement for individuals applying under the Skilled Worker route will be increased from £26,200 to £29,000 on an initial basis. This figure will later be increased to £34,500 and lastly to £38,700. Time frames for the subsequent increases have not been confirmed and this will undoubtedly add to the concern many applicants shall have.

The Health and Social Care visa route will be exempt from the new minimum salary threshold. Individuals applying under this route will therefore only be required to meet the current salary threshold of £26,200 and the going rate for their corresponding occupation code, which is the system currently in place. Education workers on national pay-scale occupations will also be exempt accordingly.

There are no updates yet on the shortened list of occupations that will be included within the shortage occupation list (referred to as 'immigration salary list' going forward).

Impact on future Skilled Worker and settlement applications

Individuals who currently hold a Skilled Worker visa or who apply for a Skilled Worker visa prior to the increase taking place are permitted to apply, extend or settle in the UK without the obligation of meeting the new minimum salary threshold at the time of application. Therefore, individuals already holding a Skilled Worker visa may apply to work for a different sponsor or extend their current permission under the £26,200 minimum salary requirement even if the application is submitted following Spring 2024. An application for indefinite leave to remain in the UK may also be made as the salary requirement shall not need to meet the threshold in place from Spring 2024 onwards.

Family visa minimum income requirement: update on the roll-out plan

Similar to the Skilled Worker salary threshold, British citizens or those who are settled in the UK and want to sponsor their partner will be required to meet a minimum income threshold of £38,700. Those relying on cash savings alone, will now be required to show savings of £112,750 from Spring 2024 in comparison to the current £62,500 threshold.

The intention is to raise the minimum income requirement for family-based applications incrementally from Spring 2024. Therefore, those wanting to bring their partner to the UK should submit their application as soon as possible prior to Spring 2024 to avoid the gradual 108% rise on the current income threshold of £18,600. The precise date for the introduction of these changes has yet to be announced.

Impact of threshold increase on future family-based and settlement applications

Individuals who already hold a family visa under the five-year partner route or who apply under this route prior to the threshold increase will continue to have their subsequent applications assessed under the current income requirement of £18,600. Those who are granted a fianc(é)e visa prior to the threshold increase will also be assessed under the current income requirement when applying for a family visa within the five-year partner route.

Key take away points:

  • There is significant uncertainty as to the precise date for the implementation of most of these proposed changes.
  • the new Skilled Worker and family visa minimum salary and income thresholds shall be introduced incrementally from Spring 2024.
  • those who are already on a Skilled Worker or family visa may apply, extend or settle in the UK without the obligation of meeting the new minimum income threshold at the time of application.
  • the Health and Social Care visa route and education workers on national pay-scale occupations shall be exempt from the minimum salary threshold increase.
  • on 1 January 2024, restrictions to the student visa route came into effect prohibiting individuals who apply under this route from bringing their dependant family members to the UK.
  • overseas care workers no longer have the option to bring their dependant family members to the UK, which is a change that will be implemented in the beginning of 2024.
  • individuals who are already in the UK as a care worker and senior care worker may remain in the UK with their dependant family members.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.