Further to Government’s statement of changes to the Immigration Rules of 14 March 2024 which is due to come into effect after the 4 April 2024 we have listed the main changes that may affect our clients:
Skilled Workers sponsored after 4 April 2024
The Skilled Worker minimum salary thresholds are increasing:
Those changes will also be reflected in the individual SOC codes. The appropriate rates detailed in the SOC codes will be increasing and will be set out in the new Table 1 of Appendix Skilled Occupations from 4 April 2024
The 20% discount to the going rate for shortage occupations (Option D) will be removed, although the 10% discount for relevant PhDs (Option B), the 20% discount for STEM PhDs (Option C) and the 30% discount for new entrants (Option E) will be retained.
The current Shortage Occupation List under Option D will be replaced with an Immigration Salary List, which contains fewer eligible SOC codes.
Please note that if an individual is applying to work in a role that is subject to a national pay scale, the minimum salary threshold will be £23,200 (Option K) but they must also be paid at least the appropriate rate set by the national pay scale for that role or salary band.
If a Certificate of Sponsorship (CoS) was assigned before 4 April 2024
Where the applicant has been assigned a valid CoS before 4 April 2024 the application will be decided in line with the rules in force before 4 April 2024.
Current Skilled Workers applying to extend or change employers
Someone who has held continuous permission as a Skilled Worker that was originally granted before 4 April 2024 and where the role is not subject to the national pay scale, there will be smaller increases in the thresholds and going rates but these will still be based on the 25th percentile.
Some SOC codes which are eligible for sponsorship under the current rules will no longer be eligible after 4 April 2024 because they are now deemed to be skilled below RQF Level 3 – these are listed in the new Table 2a of Appendix Skilled Occupations and include examples such as nannies, concierges, fashion stylists and car salesmen.
The New Immigration Salary List
In December 2023, the Home Secretary announced that the government would be removing the 20% discount to the going rate for roles on the Shortage Occupation List and would replace the Shortage Occupation List with a new Immigration Salary List.
The list will be ‘shorter’ and almost half of jobs currently on the list will be removed.
If a Skilled Worker is currently sponsored in a role which was included on the Shortage Occupation List but is no longer on the list when they make their next application, they will still be able score points for the lower threshold and for the 20% discount to the going rate, but only if they will be extending their visa to continue working in the same role for the same sponsor.
Global Business Mobility routes
For the Global Business Mobility routes; most thresholds are being raised from 45,800 GBP to 48,500 GBP while the Graduate Trainee route threshold is being raised from 24,220 GBP to 25,410 GBP.
Going rates for the Global Business Mobility routes will continue to be based on the 25th percentile of roles within the relevant SOC code. This can be found in the new Table 2 of Appendix Skilled Occupations, with Graduate Trainee continuing to benefit from the 30% discount to the going rate.
Changes to the scale-up route
The government has also increased the threshold salary for the scale-up route, raising this from 34,600 GBP to 36,300 GBP
The Chagos Islands… The Chagos archipelago is a place close to our heart as the founder of Bonheur Legal originates from the Islands. It is a place that has seen its’ inhabitants expelled from their own land by the UK and made homeless between 1967 and 1973 in order for the US to set-up a military base.
In 2002, the UK agreed to grant British citizenship to British Overseas Territories citizens which meant that the Chagossians and their children could gain British citizenship. This however did not extend to grandchildren and great-grand-children.
After years of campaigning, the Government has agreed to amend the Nationality and Border Act, such that the British nationality has now been extended to People of Chagossian descent. The chagossian descent have a five-year period to register as British citizens.
Applying for the British Citizenship
The application process is now opened and since the 23 November 2022, the applicants can apply for British overseas territory citizenship or British citizenship at the same time and if successful, will obtain both statuses.
Applications can be made online at https://visas-immigration.service.gov.uk/product/nationality-biot
Note that if you live overseas, you will be required to attend a biometric appointment at a visa centre as part of the application process.
Documents required
As part of the requirements, the applicants will have to provide evidence that they are a descent of a Chagossian born in the Chagos Islands. This can include marriage certificates, court records etc. It is our understanding that the Home Office will approach each case on its own merits and where evidence might be lacking, they will attempt to check their records to locate this.
Costs
The application is free of charge.
How can we assist
We can help you with the whole application and some of our staff can speak and write in creole.
