The landscape of UK immigration is undergoing significant transformations, and some key changes are coming on 4 April 2024. The introduction of new rules and modifications to existing policies can be a maze of complexity for individuals and employers alike. From altered salary thresholds to revamped occupation lists, these changes are reshaping the way immigration processes function in the UK.
In this article, we explored a few frequently asked questions that shed light on these changes on 4 April 2024. Our aim is to provide clarity and guidance to Skilled Workers, sponsors, and all stakeholders in this new era of UK immigration.
1. What happens if you allocate a Certificate of Sponsorship (CoS) prior to 4 April 2024?
Allocating a CoS to an applicant before 4 April 2024, ensures that their application will be processed based on the regulations effective prior to this date, provided the CoS is still valid at the time of application submission. Hence, employers planning to sponsor Skilled Workers shortly are encouraged to allocate the necessary CoS before this deadline to bypass the impending stricter requirements.
Bear in mind that the application must be submitted no later than three months following the CoS assignment and can be done up to three months before the CoS’s starting date. This means it’s feasible to assign a CoS presently for an application nearly six months down the line. Nonetheless, obtaining a CoS allocation from the UK Visa and Immigration service is currently challenging due to a surge in applications. This has resulted in slow processing for Defined CoS applications and inundation of over 1,000 daily requests for a mere 60 spots in the priority service for Undefined CoS applications.
Further complicating timely CoS assignments before the deadline, the government will be updating the sponsorship management system for the new 2020 SOC codes, rendering it inaccessible from 7 pm on April 2 until 9 am on April 4. The timing, coinciding with the Easter weekend, further limits the window for sponsors, effectively shortening the assignment period by two days.
It’s important for sponsors to be aware that if a Defined CoS is approved before April 4, 2024, but remains unassigned by this date, it will be voided, necessitating a new application under the post-April 4 rules. Any Unused Undefined CoS allocations as of April 4 will stay valid, but when assigning them afterwards, sponsors must adhere to the rules effective from April 4 onwards.
2. How do the new rules affect Skilled Workers seeking to extend their stay or switch employers?Skilled Workers who have consistently held permission under this category, initially granted before April 4, 2024, will enjoy partial protection against the upcoming increased salary requirements, akin to the protection afforded to Health and Care visa holders. For these individuals, the adjusted salary thresholds detailed above will be relevant for both extension requests and applications to change employers. The 25th percentile ‘going rates’ indicated in Table 2 will be applicable in these scenarios.
It’s important to note that some occupations currently eligible for sponsorship will not qualify after April 4, 2024, as they are considered below the RQF Level 3 skill level. These occupations are enumerated in the newly introduced Table 2a of Appendix Skilled Occupations and encompass roles such as nannies, concierges, fashion stylists, and car salesmen.
For individuals who have maintained continuous Skilled Worker permission since before the implementation of the new regulations, and whose role’s SOC code is listed in Table 2a, they will only be eligible to apply for an extension to continue employment with their current employer. In such cases, it will not be possible to apply for a change of employers if the occupation is listed under SOC code in Table 2a.
In December, the Home Secretary announced significant changes to the treatment of roles on the Shortage Occupation List. A key change involves eliminating the 20% discount on the going rate for these roles, coupled with the introduction of a new Immigration Salary List. Following this, the Migration Advisory Committee (MAC) was tasked with a rapid review to determine the composition of the new list.
The committee proposed a substantial reduction in the number of roles, trimming down from 55 to just 21. This decision was largely based on the committee’s assessment that, irrespective of whether these roles faced a shortage, their presence on the list didn’t yield any tangible benefits. This conclusion stemmed from the understanding that the primary advantage of being on the list — a lower general salary threshold — would be negated by the new policy of setting going rates for new visas at the median. In many cases, this would result in the going rate surpassing the new threshold, rendering any reduction inconsequential.
As a consequence, numerous roles previously listed on the Shortage Occupation List didn’t make it to the new Immigration Salary List. For Skilled Workers currently sponsored under a role that was on either list but is no longer featured in the new list, there’s still a possibility to claim points for the lower threshold and the 20% discount on the going rate. However, this is conditional on them extending their visa to continue in the same role with the same sponsor. If they seek to change roles or sponsors, they must meet the higher threshold and the 25th percentile going rate outlined in Table 2 for Option F.
3. How does the removal of the 20% discount and the introduction of a new Immigration Salary List impact individuals currently sponsored in a shortage occupation?
In December, the Home Secretary announced significant changes on 4 April 2024 to the treatment of roles on the Shortage Occupation List. A key change involves eliminating the 20% discount on the going rate for these roles, coupled with the introduction of a new Immigration Salary List. Following this, the Migration Advisory Committee (MAC) was tasked with a rapid review to determine the composition of the new list.
The committee proposed a substantial reduction in the number of roles, trimming down from 55 to just 21. This decision was largely based on the committee’s assessment that, irrespective of whether these roles faced a shortage, their presence on the list didn’t yield any tangible benefits. This conclusion stemmed from the understanding that the primary advantage of being on the list — a lower general salary threshold — would be negated by the new policy of setting going rates for new visas at the median. In many cases, this would result in the going rate surpassing the new threshold, rendering any reduction inconsequential.
As a consequence, numerous roles previously listed on the Shortage Occupation List didn’t make it to the new Immigration Salary List. For skilled workers currently sponsored under a role that was on either list but is no longer featured in the new list, there’s still a possibility of claiming points for the lower threshold and the 20% discount on the going rate. However, this is conditional on them extending their visa to continue in the same role with the same sponsor. If they seek to change roles or sponsors, they must meet the higher threshold and the 25th percentile going rate outlined in Table 2 for Option F.
While the complexity of the new regulations might seem daunting at first, understanding these nuances is key to utilising the system effectively. It is crucial for all involved parties – be it skilled workers, sponsors, or employers – to stay abreast of these developments and adapt their strategies accordingly before the changes hit on 4 April 2024.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.