Jane Biddlecombe, Head of Immigration at Paris Smith Solicitors, explains how a variety of changes to the Skilled Worker visa system have recently been announced by the government, including an increase to the minimum salary that must be paid to skilled workers; a prohibition on health and social care workers bringing their dependants with them to the UK; and an end to the 20% salary discount for shortage occupations.
Increase in the minimum salary threshold for skilled workers
From 4 April 2024, sponsors will need to pay the overseas workers they wish to sponsor on a Skilled Worker visa a minimum of £38,700 per year. This is a huge increase of nearly 50% from the current minimum salary of £26,200 per year. In addition, the ‘going rate’ for each eligible occupation will increase in line with the average full-time wage for equivalent jobs.
This salary increase will have a particular impact on those companies which are seeking to sponsor workers in less skilled jobs where the ‘going rate’ of salary for the role is lower than the minimum salary threshold. For example, the current ‘going rate’ for a chef is £17,100 per year but, from 4 April 2024, a chef being employed on a Skilled Worker visa will need to be paid a minimum of £38,700 per year.
In the light of this upcoming change, sponsors should consider their need to recruit overseas candidates in the near future, particularly those whose proposed salary would be considerably less than £38,700 per year. Sponsors should consider issuing a Certificate of Sponsorship to these candidates as soon as possible so they can make their own individual Skilled Worker visa application before the changes take effect on 4 April 2024. However, the government has confirmed that those already employed in the Skilled Worker route will be exempt from the new salary levels when they change sponsors, extend their visa or apply for settlement.
Health and social care visas
Although the health and social care visa (a subset of the Skilled Worker visa) will be excluded from the above increase in the minimum salary threshold, the immigration rules will be changed so that people applying for this visa after 11 March 2024 will not be able to bring their dependent family members to the UK with them. This has already led to concerns about care homes being unable to recruit into this sector after the rules change in March. The government has confirmed that those already employed on this route before the rules change will still be able to apply to extend their current dependent family visas or apply for dependent family members to join them in the UK. In addition, from 11 March 2024, care providers in England will only be able to sponsor skilled workers if they are regulated by the Care Quality Commission (CQC).
Shortage occupations
The government has also announced that the 20% salary discount for those skilled workers employed in shortage occupations will come to an end on 14 March 2024. A new list, to be known as the Immigration Salary List, will replace the Shortage Occupation List in early April 2024.
The above changes, taken together with the increase in the Immigration Healthcare Surcharge payable by skilled workers to £1,035 per year of the visa (increased from £624 per year), will have a huge impact on the ability of some sponsors to employ skilled workers in the UK going forward.
If you have any queries about the above changes to the Skilled Worker visa system, please contact Jane Biddlecombe (jane.biddlecombe@parissmsith.co.uk) or any member of the Immigration team at Paris Smith LLP.