Summary: THE STATEMENT OF CHANGES IN IMMIGRATION RULES (HC 590) 14/03/2024

On 14 March 2024, the government published a Statement of Changes to the United Kingdom’s Immigration Rules. The main changes seen in this statement amend the Immigration Rules, made under the provisions of section 1(4) and section 3(2) in the Immigration Act 1971, that are used to regulate people’s entry to, and stay in, the United Kingdom.

1. The changes being made primarily concern:

Skilled Worker route

Changes to reduce net migration by raising the general salary threshold from £26,200 to £38,700, going rates are also being raised from the 25th percentile to the median, while bringing salary requirements for individual occupations in line with median pay for resident workers in those occupations and replacing the Shortage Occupation List with a new Immigration Salary List. Together these changes aim to encourage businesses to invest in the resident workforce rather than over-relying on migration.

Minimum Income Requirement under the partner routes

The minimum income requirement is being amended as it has not been increased for over a decade and no longer reflects the level of income required by a family to ensure they are self-sufficient and do not need to rely on public funds.

EU Settlement Scheme (EUSS)

The changes expand the scope of the immediate settlement provisions in Appendix Victim of Domestic Abuse to include a spouse, civil partner, or durable partner with pre-settled status under the EUSS (meaning that the relationship was formed before the end of the transition period on 31 December 2020), and their dependent children.

Health and Care visas

Workers sponsored for Health and Care visas, or in occupations where going rates are set using national pay scales, are exempt from the new median salary requirements. Instead, a general threshold based on the 25th percentile continues to apply, and is being updated from £26,200 to £29,000, based on the latest ONS pay data. Going rates are also being updated based on the latest ONS pay data and/or the latest available national pay scales. These updates also apply to Skilled Workers who are already in the route before these Rules take effect, if they are making applications to extend their stay, change employment or settle before 4 April 2030.

2. Changes to other work routes 5.8 The salary requirements for other work being updated in line with the changes to the latest ONS pay data:

Senior or Specialist Workers in the Global Business Mobility routes

The general salary threshold is being updated from £45,800 to £48,500, and going rates are being updated using the latest ONS pay data.

Graduate Trainees in the Global Business Mobility routes

The general salary threshold is being updated from £24,220 to £25,410, and going rates remain based on 70% of the 25th percentile, updated to the latest ONS pay data.

Scale-up route

The general salary threshold is being updated from £34,600 to £36,300, and going rates are being updated using the latest ONS pay data.

Poultry workers in the Seasonal Workers route

must be paid in line with Skilled Workers, the salary requirement is being raised from £26,200 and £10.75 per hour to £38,700 and £15.88 per hour.

Creative Worker route

The exemption from resident labour market considerations for shortage occupations is being removed. Instead, applicants will need to demonstrate that they are making a unique contribution to creative life in the UK.

3. Where does the legislation extend to, and apply?

The territorial application of this Statement of Changes in Immigration Rules (that is, where the statement produces a practical effect) is all the United Kingdom.

4. What is being done and why?

The Shortage Occupation List is being removed and replaced by a new Immigration Salary List, a full review of the list to be presented later in 2024. As with the previous list, included occupations have a 20% discount to the general salary threshold (to £30,960 or £23,200, depending on whether they would otherwise be subject to the £38,700 or £29,000 threshold); however, the previous 20% discount to the going rate requirement is being removed.

5. Update of the Standard Occupational Classification (SOC) code system

Appendix Skilled Occupations is being replaced by a new version based on SOC 2020. Differences in the data mean the list of occupations eligible for Skilled Worker and Global Business Mobility routes do not encompass all workers who may be in the routes before these Rules take effect. Additional tables are being included to enable these workers to make applications to extend their stay or (in the case of Skilled Worker) settle in these occupations.

Changes are being made across the Immigration Rules to replace other references to SOC 2010 occupation codes with SOC 2020 occupation codes.

6. Other Immigration Rules

Five-year partner and child routes

Increase to the Minimum Income Requirement for those in the five-year partner and child routes under Appendix FM. This change imposes a minimum income requirement of £29,000 for new applicants to the routes that is the 25th percentile of earnings for jobs which are eligible for Skilled Worker visas.

There will no longer be a separate child element to the minimum income requirement.

This is to ensure that British nationals are not treated less favourably than migrants who are required to meet the General Skilled Worker threshold as a flat rate, regardless of any children being sponsored.

Article 8 (the right to respect for private and family life) of the European Convention on Human Rights (ECHR) is a qualified right. This means that the rights of the individual can be lawfully outweighed by measures which are necessary in the interests of the economic well-being of the country. Maintaining immigration control constitutes such an interest.

There are transitional arrangements for those who, before 11 April, already have a Family visa within the fiancé(e) or proposed civil partner or five-year partner route, or who applied before 11 April and are being granted. Once a minimum income requirement (MIR) has been met, the same MIR must be met through to settlement on the route, provided the applicant is applying to stay with the same partner. This will also be the case for children seeking to join or accompany a parent. These arrangements provide certainty for those already within the route, or who apply before the increase comes into force.

Exceptional circumstances

The need to safeguard and promote the welfare of children continue to apply. Those unable to meet the minimum income requirement may still be granted leave where: there are insurmountable obstacles to family life with their partner continuing outside the UK. It would not be reasonable for their child to leave the UK. Those granted on this basis are placed on a longer 10-year route to settlement, granted in four tranches of 30-month periods.

8. Changes to the Hong Kong British National (Overseas) (BN(O)) route

Decision makers to add up to 28 days of existing permission under the BN(O) route onto an applicant’s further permission to stay where the applicant has applied for a 30-month visa. This assists them in completing a five-year qualifying period required for settlement, without having to make a further temporary permission application.

Eligible family members of an individual who holds both BN(O) status and British citizenship can apply on the BN(O) route.

Adult Dependent Relatives on the BN(O) route to apply later to join the main applicant in the UK where there has been a change in their circumstances, and they can no longer live independently.

The requirement for partners and adult dependent relatives to have their permission end on the same date as the main applicant where they can apply to join them later in the UK will be removed.

9. Appendix AR (EU)

Individuals will have had more than five months to apply out-of-time for administrative review in respect of an affected decision.

10. Appendix Continuous Residence

Appendix Continuous Residence are being applied to Appendix Long Residence and Appendix HM Armed Forces (only in relation to settlement as a Partner or Child).

• Those applying under Appendix Long Residence cannot count time spent in the Channel Islands or Isle of Man.
• Those applying under Appendix Long Residence will not break their continuous residence period if, on or after 24 November 2016, they had left the UK with permission and returned with permission (even if on a different route), provided they did not exceed the absence period of 180 days in any 12 month period, or 184 days at any one time if these absences were taken before 11 April 2024 as a transitional arrangement.
• Those applying under Appendix Long Residence will break their continuous residence if they are subject to removal directions under section 10 of the Immigration and Asylum Act 1999.
• An applicant will break their continuous residence where they are removed from the UK or deported or leave the UK after their permission had expired and were refused permission.
• To reflect policy relating to the Coronavirus Extension Concession, time spent in the UK between 1 August 2020 and 31 August 2020 counts as lawful residence where the applicant had permission immediately before that date.

11. Introduction of new Appendix Long Residence

Appendix Long Residence replaces existing provisions in Part 7 (rules 276A-276D) of the Immigration Rules. Appendix Long Residence is drafted in line with the recommendations of the Law Commission.

The standard requirements within Appendix Continuous Residence, Appendix English Language and Appendix KOL UK (Knowledge of life in the UK) have been applied to the Long Residence route.

The article includes a policy change whereby applicants must have had their current permission for one year (or have been exempt from immigration control within the 12 months immediately before their application) to qualify for settlement on this route.

12. Changes to Appendix Global Business Mobility

The changes to the Global Business Mobility rules as they relate to service suppliers are intended to ensure that the Rules make provision for specific commitments arising from the UK’s accession to the Comprehensive and Progressive Agreement for TransPacific Partnership (CPTTPU) as and when those commitments become binding because of other parties’ ratification of the agreement.

13. Changes to Appendix English Language

Appendix English Language has been updated to reflect that International GCSEs are accepted as evidence of English language ability and to extend the Appendix to the following routes: Appendix Settlement Family Life, Appendix HM Armed Forces, Appendix Long Residence and Appendix Temporary Work – International Agreement.

There have also been numerous minor administrative policy changes, including deletion and revisions.

This Statement of Changes to the Immigration Rules (HC 590) can be accessed via the link below:
https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-590-14-march-2024