Government Issues Changes to Legal Migration Rules for Family and Work Visas
The government has issued a confirmation of visa ban for care worker dependants.
On 4 December 2023 the Home Secretary, James Cleverly, announced future changes to visa rules in what he described as a “five-point plan” to reduce immigration. The Home Office released further information on 21 December, including some amendments to what had originally been announced.
However, the Government has (19 February 2024) published the statement of changes to the immigration rules which confirm the details of the changes which are due to come into force on 11 March 2024.
The Changes are:
- Social care workers will not be allowed to bring dependants (that is, partners and children) on their visa.
- The minimum salary to be sponsored for a Skilled Worker visa will increase, with the baseline minimum rising from £26,200 to £38,700 (but not for the Health and Care Worker visa, which includes social care, or for education workers on national pay scales).
- Changes to the shortage occupation list to reduce the number of jobs where it will be possible to sponsor someone for a Skilled Worker visa on less than the usual minimum salary (which is the main purpose of the list).
- The minimum income normally required to sponsor someone for a spouse/partner visa will rise in stages from £18,600 per year to £29,000 and ultimately around £38,700.
- A review of the Graduate visa, a two-year unsponsored work permit for overseas graduates of British universities.
From 11 March 2024, newly sponsored skilled workers are workers and home carers, and care workers, will no longer be able to be joined in the UK by their dependants.
However, there are transitional provisions that will protect those individuals already in the UK as skilled workers, or those individuals who have made their skilled worker applications before the changes come into effect on 11 March 2024.
Furthermore, for sponsors in England, there will also be a requirement to be registered with the Care Quality Commission and carry out a regulated activity.
Tom Pursglove, the minister for legal migration, said in a written statement to the House of Commons “On 4 December 2023, the Prime Minister and Home Secretary announced a plan to curb immigration abuse and cut net migration. This plan, alongside the package we have already introduced to restrict student dependants, is expected to mean around 300,000 people who would have been eligible to come to the UK under last year’s rules, would not be able to.”
“These changes include some of the measures announced in that package, namely preventing overseas care workers and senior care workers from bringing their dependants to the UK and requiring care providers in England who wish to sponsor migrant workers to be registered by the Care Quality Commission (CQC).”
“These measures will ensure we continue to protect our NHS and social care systems, while addressing significant concerns that have emerged since the introduction of the visa about high levels of non-compliance and worker exploitation and abuse within the adult social care sector, particularly for overseas workers employed within care occupations.”
“Care workers and senior care workers who are already in the route will be able to extend their permission with the same sponsor, and settle, without the CQC regulation requirement applying to them. They will also be able to bring dependants, including in cases where they change jobs to another sponsor who meets the CQC regulation requirement.”
