UK Legal Migration Rules: changes for family and work visas

In December 2023, the then UK Home Secretary James Cleverly introduced a set of visa changes aimed at reducing immigration. These updates, which came into effect through revisions to the Immigration Rules in early 2024, are part of the government’s strategy to control net migration. The Labour government, which took office in July 2024, supports most of these changes but is reviewing the new spouse/partner visa income threshold.

Here are the five key changes announced:

  1. Care Worker Dependents: Social care workers are now prohibited from bringing dependents (partners and children) on their visa.
  2. Skilled Worker Visa Salary: The minimum salary for a Skilled Worker visa increased from £26,200 to £38,700, with higher salary thresholds for specific jobs.
  3. Immigration Salary List: The list of jobs eligible for a lower salary threshold has been shortened and renamed the Immigration Salary List.
  4. Spouse/Partner Visa Income: The minimum income requirement to sponsor a spouse/partner visa rose from £18,600 to £29,000.
  5. Graduate Visa Review: The Graduate visa, which allows international students to work for two years in the UK, is being reviewed to prevent potential misuse.

When Did These Changes Take Effect?

  • Care Worker Family Ban: March 11, 2024.
  • Skilled Worker Visa Salary Increase: April 4, 2024.
  • Immigration Salary List: Also April 4, 2024.
  • Spouse/Partner Visa Income: The £29,000 threshold applies from April 11, 2024, with no plans to increase it further under the Labour government.
  • Graduate Visa Review: Findings released on May 14, 2024, with no major issues found.

Visa Rules Process
The changes didn’t require a vote in Parliament. They were implemented through statements laid before Parliament in February and March 2024. Parliament has 40 days to annul these changes, but such annulments are rare.

Why Were These Changes Made?
The government’s main goal was to curb the high levels of net migration, which reached an estimated 866,000 in 2023. A significant portion of this came from international students, care workers, and their families. With these new changes, the government estimates that 300,000 people who moved to the UK in 2023 would not have been able to enter under the new rules.

Spouse/Partner Visa Income Rule Clarifications
The new £29,000 income threshold applies only to first-time applicants for spouse/partner visas. For extensions, the original £18,600 threshold will apply for those who had already applied before April 11, 2024. Savings can still count toward meeting the income requirement, but the savings must exceed £16,000.

Comparing the UK to Other Countries
Several countries require proof of sufficient income to sponsor a spouse or partner, but the UK’s minimum income threshold is one of the highest. Critics argue that it complicates family reunification, citing rankings such as the Migrant Integration Policy Index (MIPEX), where the UK placed near the bottom in ease of family reunion.

What’s Next?
Labour’s Home Secretary, Yvette Cooper, has stated that the spouse/partner visa income threshold will remain at £29,000 until the Migration Advisory Committee completes its review in June 2025. The government has also confirmed that the new salary thresholds for the Skilled Worker visa will not affect those already in the system. However, first-time applicants after April 2024 must meet the higher salary requirements.

*Please note that the acuracy of the information in this article may change at any time. First published Dec 2024

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