Immigration update – April 2024

You can view May’s immigration update here.

Changes to the Skilled Worker salary threshold 

On 4 April 2024, the Home Office increased the level of salary that a prospective employee under the Skilled Worker route would need to be paid. The salary for experienced hires now needs to be the highest of the following: 

• £38,700 per annum 
• £15.88 per hour  
• The going rate for the particular job (i.e. the SOC code rate – this is pro-rated dependent on the contracted working hours) 

Some salary concessions for new entrant’s and those with a PhD remain. 

However, individuals who have made a valid Skilled Worker application or held Skilled Worker status on or before 3 April 2024, will benefit from the transitional provisions which state that they can meet a reduced salary on their future extension or ILR applications. These individuals will need to meet the highest of the following:  

• £29,000 per annum 
• £11.90 per hour  
• The going rate for the particular job (i.e. the SOC code rate – this is pro-rated dependent on the contracted working hours) 

This is important for employers to note, as if they have any workers in the company who need to switch to a Skilled Worker visa route, for example, if they are on the Graduate route, they will need to ensure that these individuals meet the new higher salaries before they will be in a position to offer sponsorship.  

Changes to minimum income requirement for partner visas  

On 11 April 2024, the Home Office increased the minimum income that will be required for British or settled individuals (i.e. those with permanent residence) who wish to sponsor their spouse/partner to enter the UK, under the five-year route to settlement. The change saw the minimum income increase significantly from £18,600 to £29,000 per year. This salary will need to be paid for a minimum of at least six months before an application can be made.  

This increase means that individuals relying on savings, rather than salary, will need to demonstrate that they have held at least £88,500 for a minimum of six months before making an application. 

However, there was a positive change in the rules as there is no longer an additional income requirement for children who will be entering the UK as dependants of a Partner visa.  

Transitional provisions have been applied meaning that individuals who made an application or already held a Partner visa on or before 10 April 2024, will still come under the old minimum requirement of £18,600 and cash savings amount of £62,500. They will however also be subject to the additional income requirement for any children who are making an application at the same time.  

It is to be noted that this is the first stage of the increase for Partner visas, as the Home Office has already announced a further interim increase in income requirement is expected later in 2024 up to £34,500 per annum. Further, by early 2025, this will be increased again to £38,700 (in-line with Skilled Work visa salary requirements), and the cash savings amount will increase to £112,250. Therefore, anyone that is considering entering the UK or switching to a Partner visa from inside the UK and may not be able to meet the new salary level in 2025, should consider submitting their application as early as possible this year.  

Changes to absence requirement for 10-year long residency applications  

This month, the absence requirement for the 10-year long residence route has also been updated. This is a positive change for individuals who will be seeking to apply under this route, as the new absence requirement states ‘from 11 April 2024 the applicant must not have been outside the UK for more than 180 days in any 12-month period’. 

The previous rules had stated that ‘any single absences which started before 11 April 2024 must be no longer than 184 days and must not have spent more than 548 days in total outside of the UK’.  

Transitional provisions also apply for individuals whose 10-year period extends beyond 11 April 2024, as they will no longer be subject to the 548-day limit. 

This change will be beneficial for individuals who will be relying on the 10-year-long residence route post 11 April 2024, as they may have upcoming absences overseas due to their family still being based overseas/long term students may wish to spend holidays overseas. This change brings the absence requirement more closely in line with the five-year settlement routes and allows a much more generous total permitted absences in the 10-year period. 

Transition to eVisa  

The Home Office is currently in the process of replacing physical immigration documents with an eVisa, which is a digital online record of an individual’s immigration status. This change will affect any individuals who are currently in the UK or those who are seeking to enter the UK. The physical documents that are being replaced include Biometric Residence Permits and Biometric Residence Cards.  

Individuals with a passport containing an ink stamp or vignette sticker which proves they have indefinite leave to enter or remain in the UK, will also be affected by this change. These stamps and stickers will no longer be valid, and these individuals will need to make a ‘No Time Limit’ application to update their status.  

Anyone with any of the above status documents must ensure that they obtain an eVisa before 31 December 2024.  

Those employees who have become British citizens and individuals who have already got a UKVI account as they hold an eVisa and not a physical visa document, do not need to take any action.   

Individuals are being contacted to apply for the e-status in phases, with all impacted individuals expected to have made an online profile/registration by the end of the year. The Home Office has provided information on the roll-out here. 

Individuals who have any of the physical documents mentioned above, and do not obtain an eVisa before 31 December 2024, will be unable to provide evidence of their immigration status to employers, landlords, banks etc. There is also a possibility that they may be refused entry into the UK without the correct updated status document.