Prime Ministers New Rules | UK Spouse & Skilled Worker 2023

Introduction

In December 2023, the UK government proposed drastic new rules to its immigration policies, with a specific focus on spouse and worker visas. These changes represent a significant shift from previous years, primarily aimed at reducing net migration and addressing concerns over the immigration system’s exploitation.

Starting April 2024, individuals who are British citizens or already have settled status in the UK will be required to demonstrate a minimum annual income of £38,700 for their overseas partners to join them in the country. This marks a significant increase from the current threshold of £18,600.

For individuals planning to apply for a UK spouse or Skilled Worker visa, understanding these new rules is crucial. These new rules and policies are part of the government’s broader strategy to manage immigration more effectively and ensure that those who come to the UK can contribute positively to society.

Key Takeaways

The Government’s Five-Point Plan & New Rules

The Home Secretary’s five-point plan is designed to achieve the most considerable reduction in net migration in the UK’s history. Central to this plan is the revision of policies around the number of dependants immigrants can bring, increased minimum salary requirements for overseas workers, and stringent measures to tackle exploitation within the immigration system.

Home Secretary James Cleverly was quoted saying: “It is clear that net migration remains far too high. By leaving the European Union we gained control over who can come to the UK, but far more must be done to bring those numbers down so British workers are not undercut and our public services are put under less strain.

My plan will deliver the biggest ever reduction in net migration and will mean around 300,000 people who came to the UK last year would not have been able to do so. I am taking decisive action to halt the drastic rise in our work visa routes and crack down on those who seek to take advantage of our hospitality.”

These measures are expected to affect approximately 300,000 individuals who would have been eligible under current rules, signifying a major shift in the UK’s approach to managing immigration.

Major New Rules in Spouse and Skilled Worker Visa Rules

The government’s alterations to the spouse and worker visa regulations include several key components:

• Elevated Salary Thresholds: The salary threshold for overseas workers is set to increase by nearly 50%, from the current £18,600 to £38,700. This significant rise is intended to encourage local recruitment and reduce reliance on overseas labour.
• Restrictions on Dependants: The revised rules limit the number of dependants that visa holders can bring into the country. This change primarily impacts those holding Health and Care Worker visas.
• Enhanced Minimum Income Requirement for Sponsors: There’s a dramatic increase in the minimum income required for British citizens and residents who want to sponsor family members. This change will particularly affect individuals sponsoring their spouses, requiring a more robust financial foundation.

Specific Impacts on Spouse Visa Applicants

The 2023 changes to the UK spouse visa regulations have introduced specific challenges for applicants:

• Increased Financial Requirements: The most notable impact is the heightened financial requirements for UK Spouse Visa Applicants. With the minimum income requirement more than doubling, applicants attempting to bring their spouse to the UK, must first demonstrate significantly greater financial stability. This change is expected to affect the demographic profile of eligible sponsors, potentially excluding lower-income UK citizens from sponsoring a spouse.
• Stricter Eligibility Criteria: Alongside financial requirements, the eligibility criteria for spouse applicants have become more strict. Sponsors must now provide evidence of their financial capacity, including stable employment and sufficient income to support their spouse without relying on public welfare.
• Reduced Flexibility with Dependents: The new rules also restrict the ability of spouse visa holders to bring dependants into the UK. This change requires careful consideration by applicants who have children or other dependents, as it may impact their ability to unite their family in the UK.

These impacts necessitate thorough preparation and understanding of the new rules in relation to UK Spouse Visas to ensure a successful application process.

The Role of Sponsors in the New Visa Framework

The 2023 new rules have redefined the role of sponsors in the UK spouse visa process:

• Enhanced Financial Responsibility: Spouse visa applicants are now required to meet more stringent financial thresholds. This heightened responsibility ensures that applicants can adequately support their spouses without additional state assistance. This reflects the government’s aim to ensure that immigration does not place undue strain on public services.
• Proof of Financial Stability: Applicants must also now provide more comprehensive evidence of their financial stability. This includes proof of income, employment status, and the ability to maintain the financial threshold throughout the visa period. The goal is to demonstrate that the sponsor can fully sustain their spouse independently.
• Increased Accountability: The new rules place greater accountability on the applicants to ensure compliance with immigration requirements. They must be prepared to navigate these complexities, ensuring that their application aligns with the new criteria and that they can sustainably support their spouse.

Understanding the newly proposed UK spouse visa application process

Applicants must first thoroughly understand the new regulations. This includes being clear about the increased financial thresholds, documentation required, and eligibility criteria.

• Gathering Comprehensive Documentation: One of the critical aspects of the revised process is the need for comprehensive documentation. Applicants should prepare detailed financial records, employment evidence, and other relevant documents to meet the stringent requirements.
• Seeking Professional Advice: Given the complexities of the new rules, seeking advice from our immigration professionals can be highly beneficial. We can provide guidance on the application process, ensuring compliance with the new criteria.
• Planning for Long-Term Financial Stability: Sponsors need to demonstrate their long-term financial stability. This may involve financial planning to ensure that they can maintain the required income level throughout the visa period.

Specific Impacts on Skilled Worker Visa Applicants

The 2023 new rules significantly affect applicants for the UK Skilled Worker Visa:

• Increased Salary Threshold: The most notable change for Skilled Workers is the substantial increase in the salary threshold. The requirement has risen from £26,200 to £38,700, a nearly 50% increase. This change is intended to encourage employers to hire more frequently from the local talent pool and reduce dependency on overseas labour.
• Removal of Salary Discount for Shortage Occupations: Previously, certain roles on the Shortage Occupation List benefited from a 20% discount on the salary threshold. This discount is being suggested to be removed, aligning the salary requirements of these roles with other skilled occupations. This change would likely impact industries that previously relied on this benefit.
• Restrictions on Bringing Dependents: Similar to spouse visas, there are now tighter restrictions on skilled workers bringing dependants to the UK. This aims to reduce the strain on public services and ensure that those coming to the UK are primarily contributing to the economy.
• Enhanced Scrutiny and Compliance Checks: There will be increased scrutiny of applications and ongoing compliance checks. Skilled Worker Visa applicants will need to provide highly convincing and robust evidence of meeting the new criteria, including higher salary requirements and job specifications.
• Impact on Certain Sectors: These suggested new rules are expected to have a varying impact across different sectors. Industries that relied heavily on skilled migrant labour may face challenges, particularly in sectors where the new salary threshold is significantly higher than the sector average.

These changes highlight the government’s focus on reducing net migration to the UK and encouraging the employment of local talent, affecting the landscape for skilled workers considering the UK as a work destination.

The Role of Sponsors in the New Visa Framework for Skilled Workers

The 2023 proposed new rules to the UK immigration system also redefine the role of sponsors for Skilled Worker Visa applicants:

• Increased Responsibility for Employers: Employers sponsoring skilled workers now face increased responsibility. They must ensure that the offered salary meets the heightened threshold and provide evidence of the genuine need for the role in their organisation.
• Ensuring Compliance with New Salary Requirements: From 2024, Sponsors will be required to comply with the new salary threshold of £38,700 or more, depending on the specific occupation. This change demands careful consideration from employers regarding their ability to meet these financial commitments.
• Adapting to the Removal of Shortage Occupation Discounts: With the removal of the 20% salary discount for shortage occupations, sponsors need to reassess their recruitment strategies, especially in sectors previously reliant on this discount.
• Heightened Scrutiny on Sponsorship Licenses: The Home Office may increase scrutiny on sponsorship licenses, ensuring that employers are adhering to the new rules. This includes regular compliance checks and audits to verify that sponsored skilled workers are employed in the roles for which they were granted visas.

Employers sponsoring skilled workers will need to navigate these changes carefully, ensuring that they remain compliant with the updated immigration policies.

The UK government is making significant changes to immigration policies, making early action essential. These changes will raise financial thresholds and add complexity to the application process.

At Primus Solicitors, our experienced immigration professionals can guide you through these changes, ensuring a strong, compliant, and timely application. Whether you’re reuniting with a spouse or bringing skilled workers to the UK, our expertise can help you succeed. Contact us Today – To apply for your visa before these changes come into effect and achieve your goals before the new rules are approved.