UK Immigration Rules

We outline the key components of the UK immigration framework to help you understand how it works.

The UK immigration framework is designed to manage and control the flow of people into the United Kingdom. It encompasses various rules, regulations, conditions and guidelines that govern the entry, stay, and exit of individuals in the country. Below, we outline the key components of the UK immigration framework to help you understand how it works.

Immigration Rules for the UK

UK Immigration Rules for 2024: Comprehensive Guide

The UK introduced significant changes to its immigration rules in 2024, aiming to manage migration levels and prioritize highly skilled workers. Here’s a detailed breakdown of the key changes and how they might affect various visa categories and applicants.

Skilled Worker Visa Changes

Increased Salary Thresholds
From April 4, 2024, the minimum salary requirement for a Skilled Worker visa has been raised to £38,700 or the going rate for the job role, whichever is higher. This increase aims to attract top talent and boost economic productivity. For those already holding a Skilled Worker visa before this date, a transitional minimum salary threshold of £29,000 will apply for extensions or changes of employer until 2030.

Replacement of the Shortage Occupation List
The Shortage Occupation List (SOL) has been replaced by the Immigration Salary List (ISL), which identifies occupations with skill shortages in the UK labor market. The ISL assigns specific salary thresholds to these roles, helping employers continue recruiting in sectors with critical shortages despite higher general thresholds.

New Entrant Discounts
The Home Office retains the ‘new entrant’ salary discounts for those applying under certain conditions, such as recent graduates or those under 26 years old. The discounted threshold is set at £30,960 or 70% of the going rate for the role.

Family and Spouse Visas

Increased Income Requirements
Starting April 11, 2024, the minimum income requirement for a first-time spouse visa will be £29,000, with planned increases to £34,500 and eventually £38,700 by early 2025. This measure aims to ensure that dependents are financially supported. Extensions for existing visas will not be subject to these increased thresholds.

Savings Requirement for Spouse Visas
For applicants relying solely on savings to meet the financial requirement, the necessary amount has increased from £62,500 to £88,500 from April 11, 2024.

Changes for Care Workers

Restrictions on Bringing Dependants
Care workers will no longer be allowed to bring dependants under the Skilled Worker visa route due to concerns about exploitation and visa abuse. Employers in the care sector must now register with the Care Quality Commission (CQC) to sponsor migrant workers.

Student Visas

Restrictions on Bringing Family
From January 1, 2024, only international students pursuing a PhD or other research-based higher degrees can bring their partners and children to the UK. This change is part of broader efforts to reduce net migration and prevent system abuse.

Graduate Visa Under Review
The UK Graduate Visa program, which allows international students to stay in the UK post-graduation, is under review. The government aims to ensure the program aligns with broader immigration strategies and prevents abuse.

Other Notable Changes

Visitor Visa Updates
New rules expand the range of activities permitted under visitor visas. These include client-facing activities, remote work incidental to the visitor’s primary overseas job, and legal professionals providing specific services.

Occupation Code Updates
The Standard Occupational Classification (SOC) codes used to classify eligible occupations have been updated from SOC 2010 to SOC 2020. Some roles previously eligible for visas may no longer qualify if they fall below the new skill level requirement.

Impact on Employers and Applicants

The increased salary thresholds and stricter requirements aim to balance reducing migration numbers with attracting top talent. Employers will face higher costs for hiring foreign workers and may need to invest more in training domestic workers. Applicants must meet higher financial criteria, making it crucial to stay informed about these changes when planning to apply for UK visas.

This guide provides an overview of the most significant changes to the UK’s immigration rules in 2024. For personalised advice, please reach out to one of our immigration experts.

Visa Categories

The UK offers various visa categories depending on the purpose of the visit:

Work Visas

Skilled Worker Visa: For individuals with a job offer in a skilled occupation from a UK employer.
Global Talent Visa: For leaders or potential leaders in academia, research, arts and culture, and digital technology.
Health and Care Worker Visa: For medical professionals who have a job offer from the NHS or an NHS supplier.

Student Visas

Student Visa: For individuals who have been accepted on a course of study at a UK educational institution.
Child Student Visa: For children aged 4 to 17 who wish to study at an independent school in the UK.

Family Visas

Spouse or Partner Visa: For individuals wishing to join their spouse or partner in the UK.
Parent Visa: For individuals whose child lives in the UK.

Visitor Visas

Standard Visitor Visa: For tourism, business, or visiting family and friends.
Marriage Visitor Visa: For individuals who want to get married or register a civil partnership in the UK.

Points-Based System

The UK operates a points-based immigration system, primarily for work and study visas. Points are awarded based on specific criteria such as:

• Having a job offer from an approved sponsor.
• Meeting the required skill level.
• Proficiency in the English language.
• Earning above a certain salary threshold.
• Applicants must accumulate a set number of points to be eligible for a visa.

Immigration Rules and Regulations

The UK immigration rules are detailed and cover various aspects, including:

Eligibility Criteria: Specific requirements must be met for each visa category.
Application Process: Steps to apply for a visa, including required documentation and fees.
Conditions of Stay: Restrictions on work, study, and access to public funds.
Duration and Extensions: Length of stay permitted and how to extend the visa if applicable.

Sponsorship Requirements

For many work and study visas, the UK requires sponsorship by a licensed employer or educational institution. Sponsors must ensure:

• They are registered and meet specific compliance requirements.
• They monitor the individuals they sponsor and report any issues to the UK Home Office.

Settlement and Citizenship

The UK provides pathways to settlement (Indefinite Leave to Remain) and citizenship. Typically, individuals need to:

• Live in the UK for a specified period (usually 5 years).
• Demonstrate knowledge of the English language and life in the UK.
• Meet good character requirements.

Compliance and Enforcement

• Regular checks and audits of sponsors.
• Border control measures.
• Penalties for non-compliance, including fines and removal from the UK.

Appeals and Judicial Reviews

Individuals have the right to appeal against certain immigration decisions or request a judicial review. This ensures fairness and transparency in the immigration process.

Conclusion

The UK Immigration Framework is comprehensive, aiming to balance the country’s economic needs, social cohesion, and security. Whether you are planning to visit, work, study, or settle in the UK, understanding this framework is crucial to ensure compliance and a smooth immigration process.