STATEMENT OF CHANGES IN IMMIGRATION RULES - MARCH 14, 2024

[JKTALREJA]

Dear members,

https://assets.publishing.service.gov.u ... sible_.pdf

I hope you are doing well. The above link represents new changes to be implemented from April 4, 2024. I want to know if someone like Zimba and other experienced members to highlight the changes. I need to know, will this be implemented to applicants who are already in the UK on a skilled worker visa, or rules till April 3, 2024, will be applicable on those applicants?

Thank you in advance.

[vinny]

Statement of changes HC 590: salary thresholds increased, shortage occupation list gone

New Immigration Rules radically reform Skilled Worker route

New statement of changes to Immigration Rules raises minimum skilled worker salary to over £38K and spouse visa threshold to £29K

[AmazonianX]

Dear members,

https://assets.publishing.service.gov.u ... sible_.pdf

I hope you are doing well. The above link represents new changes to be implemented from April 4, 2024. I want to know if someone like Zimba and other experienced members to highlight the changes. I need to know, will this be implemented to applicants who are already in the UK on a skilled worker visa, or rules till April 3, 2024, will be applicable on those applicants?

Thank you in advance.

The rules are not made retroactive, it applies to those just starting

[JKTALREJA]

Hello

Thank you for reply. Earlier home office mentioned that minimum threshold for visa will be 38.7 K from April 4, 2024.

Going rates for different occupations are mentioned on the written on the statement, some occupations has way less than 38.7 K.

What it represents here, can some one highlight here please.

My main concerns here I am already on the skilled worker visa and my soc code is 4161. Salary requirement at that time was 25,100 and I am earning right now 26,200 per year.

As per new changes, going rate is 28,100. How much I need to show for ILR application?

I would appreciate my queries.

[smartbuddy82]

Dear members,

https://assets.publishing.service.gov.u ... sible_.pdf

I hope you are doing well. The above link represents new changes to be implemented from April 4, 2024. I want to know if someone like Zimba and other experienced members to highlight the changes. I need to know, will this be implemented to applicants who are already in the UK on a skilled worker visa, or rules till April 3, 2024, will be applicable on those applicants?

Thank you in advance.

The rules are not made retroactive, it applies to those just starting

Are not retroactive but
The Immigration Rules changes published today (14th March) confirm that someone who had a Skilled Worker visa before 4 April 2024, and applies to extend it or for settlement before 4 April 2030, only needs to meet a salary threshold of £29,000 rather than £38,700. The £29,000 is the current level of £26,200 adjusted for inflation.

The above is published here:
https://commonslibrary.parliament.uk/re ... /cbp-9920/

[JKTALREJA]

Thank you for sharing this.

If it is true, very unfair to current skilled workers, what happens if an employer does not increase the pay of a person as they have a contract for 5 years? and can we earn a differential amount in the same field somewhere else and fulfill the requirement of home office?

Will an employee need to show this salary any time during 5-year period or immediately from now on?

Its very challenging situation for current skilled workers.

Regards

[rraajjeevv]

Its very challenging situation for current skilled workers.

As per https://commonslibrary.parliament.uk/re ... /cbp-9920/
What about the higher £38,700 salary threshold for the Skilled Worker visa – will that apply to people already here on that visa?
No. “Those already in the Skilled work route, and applications made before the rules change, will not be subject to the new £38,700 salary threshold when they change employment, extend, or settle”, according to the Minister for Legal Migration.

The Immigration Rules changes published today confirm that someone who had a Skilled Worker visa before 4 April 2024, and applies to extend it or for settlement before 4 April 2030, only needs to meet a salary threshold of £29,000 rather than £38,700. The £29,000 is the current level of £26,200 adjusted for inflation.
--

[rraajjeevv]

Its very challenging situation for current skilled workers.

As per https://commonslibrary.parliament.uk/re ... /cbp-9920/
What about the higher £38,700 salary threshold for the Skilled Worker visa – will that apply to people already here on that visa?
No. “Those already in the Skilled work route, and applications made before the rules change, will not be subject to the new £38,700 salary threshold when they change employment, extend, or settle”, according to the Minister for Legal Migration.

The Immigration Rules changes published today confirm that someone who had a Skilled Worker visa before 4 April 2024, and applies to extend it or for settlement before 4 April 2030, only needs to meet a salary threshold of £29,000 rather than £38,700. The £29,000 is the current level of £26,200 adjusted for inflation.
--

[JKTALREJA]

rraajjeevv Thank you for your reply.

The clause you have mentioned, that I understood, but my question was different, was not that unfair with current skill workers as they had a contract with the current employer with 26,200 salary, what will happen if the current employer will not increase the pay?

[JKTALREJA]

@zimba

Can you please elaborate rules for current skilled holders for extension or settlement application after April 4, 2024. How much minimum salary we need to show.

[zimba]

(a) an applicant can only be awarded points from options A to E, unless they meet the requirements in (b) or (c).

(b) An applicant can only be awarded points from options F to J if:

(i) they are being sponsored for a Health and Care ASHE salary job; or
(ii) the date of application is before 4 April 2030, they were
granted permission as a Skilled Worker under the rules in
place before 4 April 2024, and they have had continuous
permission as a Skilled Worker since then (except that
where paragraph 39E applies, that period of overstaying
will be disregarded).

For people who were granted leave under SW rules in place before 4 April 2024 reduced set of rates apply, so not all the changes apply to them until 4 April 2030. After 4 April 2030, the new rules will fully apply to all. For the rates, check the table on page 65/66 of the most recent statement of changes document. Note that the minimum SOC salary requirement can still increase as normal and has nothing to do with the new rules. The new rules simply increased the 'general min threshold'

Explanation on how to calculate your salary: indefinite-leave-to-remain/ilr-minimum- ... l#p2027869

[JKTALREJA]

Thank you for your reply

F The applicant’s salary equals or exceeds both:
• £29,000 per year; and
• the going rate for the SOC 2020
occupation code

As the my soc code is 4161 - revised salary is 28,100.

As my understanding, do we need to show salary of higher of both 29,000 or 28,100 at the time of ILR or we need to show this salary from now on?

@zimba

[zimba]

The higher value threshold applies, so 29,000

[JKTALREJA]

ok thanks, it means 29,000 minimum

if the ILR settlement application is after few years, then when we need to ask the employer for raise?

Regards

[zimba]

ok thanks, it means 29,000 minimum

if the ILR settlement application is after few years, then when we need to ask the employer for raise?

Regards

Asking for a raise to just secure ILR could become problematic. Employers should not just grant you a raise to enable you to secure ILR as that could make them the subject of investigation by UKVI. I suggest to plan to secure the necessary salary well before applying for ILR

[smartbuddy82]

ok thanks, it means 29,000 minimum

if the ILR settlement application is after few years, then when we need to ask the employer for raise?

Regards

Asking for a raise to just secure ILR could become problematic. Employers should not just grant you a raise to enable you to secure ILR as that could make them the subject of investigation by UKVI. I suggest to plan to secure the necessary salary well before applying for ILR

That's a difficult thing to do, for example my salary is below 29k and I am eligible for ILR in May 2024, so have no choice but to request for salary increase to 29k in April which I am not sure will employer will agree to. HO has put Applicant in difficult situation.

[JKTALREJA]

If the ILR application in after few years

How to proceed from now onwards. Can anyone suggest.

Regards

[JKTALREJA]

Can we do additional 20 hours in same soc code to achieve the required figure for ILR or we need to get 29K from same employer who sponsor us?

[CR001]

Can we do additional 20 hours in same soc code to achieve the required figure for ILR or we need to get 29K from same employer who sponsor us?

For ilr it is only the main visa sponsored job salary that counts and has to meet the requirements. You cannot use a second 20 hour per week job with a different employer to bump up and meet the salary threshold for ilr.

[JKTALREJA]

Then, current skilled workers are in a difficult situation.

In this case, what is the best option for us?

[zimba]

Then, current skilled workers are in a difficult situation.

In this case, what is the best option for us?

Get a better paying job. You are not entitled to be given ILR just because you worked for 5 years here