There's still time to lodge visa applications under the old rules
Changes to the immigration regime take effect from 22 July, says Ashley Fleming
The key changes include an increase to the minimum skill level: New applicants must be sponsored in roles assessed by the Home Office at Regulated Qualification Framework (RQF) level 6 (degree level), up from the current RQF level 3 (A-level). Whilst roles must be degree level, applicants themselves do not need a degree level qualification.
These changes apply only to new applicants. Skilled workers already in the UK and sponsored in roles below RQF level 6 can renew their visas, change employment and take supplementary employment at the same level. The Government has warned that these transitional arrangements will be reviewed in due course.
Further exceptions to the increased skilled level are provided through updates to the existing Immigration Salary List (ISL) and the introduction of a new Temporary Shortage List (TSL). The ISL includes roles identified by the Migration Advisory Committee (‘MAC’) as experiencing labour shortages and eligible for salary discounts. Although the ISL will be phased out by the end of 2026, interim measures will allow RQF level 3-5 roles to remain eligible for the Skilled Worker route if they appear on:
- The expanded ISL, which includes existing roles plus those at RQF levels 3-5 which the MAC identified as being in shortage in its 2023 and 2024 reviews; or
- the interim TSL, which includes RQF levels 3-5 roles deemed important for the UK’s Modern Industrial Strategy by the Department for Business and Trade and His Majesty’s Treasury.
A total of 52 occupation codes are on the new TSL. These roles will not benefit from salary discounts, unlike those on the former Shortage Occupation List. Furthermore, main applicants will no longer be eligible to bring their dependants to the UK, which may deter them from coming.
Another change is that salary thresholds are rising. From 22 July, the general threshold will increase from £38,700 to £41,700, and the new entrants threshold increases from £30,960 to £33,400.
Transitional provisions apply to those sponsored before 4 April 2024, with their salary threshold increasing from £29,000 to £31,300 when extending or changing employer.
The changes are significant for the care sector. From 22 July, sponsors won’t be able to bring in care (SOC 6135) or senior care workers (SOC 6136) from overseas. In-country applications will be permitted until 22 July 2028, but the skilled worker must have been legally employed by the sponsor for at least three months at the time the CoS is assigned, or already hold a skilled worker visa as a care worker and be moving sponsor.
Sponsors should review their recruitment plans, particularly where sponsorship is being considered. For ineligible roles, consider assigning the CoS before 22 July, as visa applications made before then will follow current rules. Ashley Fleming is a partner, Harper Macleod
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