Confirmation of the Skilled Worker Changes 2024

The Home Office have now published the new Immigration Rules in relation to sponsored workers, which are to take effect from 4 April 2024.

We’ve known these were coming as the Home Secretary first announced the planned changes in December 2023. Since the first announcement, some updates were published but this is the first time we now see exactly how the Home Office are implementing their plans. Confirmed Changes:

• If a Certificate of Sponsorship (COS) was assigned to a migrant worker before 4 April 2024, the Home Office will assess any visa application in accordance with the Rules as at 3 April 2024. This is especially important as it means businesses may be able to rely on the old salary requirements after 4 April 2024. However, a COS must be used within 3 months, so this benefit will be short lived.
• The Home Office are replacing the Shortage Occupation List with the Immigration Salary List (ISL). The list is much reduced from the current Shortage Occupation List which was done as a result of the MAC report. Eligible roles on the ISL can benefit from a reduction of the minimum salary rate however the going rate remains the same.
• Minimum salary requirement is increasing from £26,200 to £38,700 for all new workers to the route. The going rate for each eligible role is also increasing to the 50^th percentile of the average salary in the relevant SOC code. For any Skilled Workers currently in the route, they will need to meet a new minimum salary requirement of £29,000 when they apply to extend, switch employers or apply for indefinite leave to remain. They will also need to meet the new going rate for the role. However, the Home Office are keeping the ability to reduce the salary requirements through tradeable points in certain areas, such as for PhD roles and new entrants.  The reduction will be based on the increased salary rates.
• The Home Office are now using the Standard Occupation Classification (SOC) codes 2020 instead of 2010. This is a minor change, but employers must be aware of the new SOC codes to ensure they’re issuing COS with the correct data.
• The requirements of the Health & Care route have now been brought into the Rules. Previously the requirements of this route were withing guidance only.

The upcoming changes to the skilled worker route represent a substantial shift in the UK's approach to skilled migration. The increase in salary thresholds and the tightening of sponsorship criteria are expected to significantly impact the number and demographics of skilled workers entering the UK.

The major benefit of the Health & Care route is the exemption from the immigration health surcharge. Previously eligible workers will now be required to pay this fee. The upcoming changes to the Skilled Worker route represent a substantial shift in the UK's approach to skilled migration. The increase in salary thresholds and the tightening of sponsorship criteria are expected to significantly impact the number and demographics of skilled workers entering the UK.

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