Insights

New Immigration Health Surcharge fee

Published on 3rd February 2024

The new Immigration Health Surcharge fee will come into effect on 6th February 2024. The fee for children, students, their dependants, and youth mobility workers will be £776 per year. For all other affected applications, the fee will be £1,035 per year.

Where possible, applicants and employers should try to submit applications ahead of the rise to benefit from the lower Immigration Heath Surcharge.

Statement of Changes HC 246

Published on 11th December 2023

On 7 December 2023 the government published a Statement of Changes in the Immigration Rules. Amongst the changes are:

• Changes to UK Visitor rules
• Changes to the EU Settlement Scheme
• Changes to the Youth Mobility Scheme
• Introduction of a new route, ‘Appendix Victim of Domestic Abuse’
• Introduction of a new route, ‘Appendix Statelessness’
• Introduction of a new route, ‘Appendix Bereaved Partner’

Changes to UK Visitor rules – applicable from 31 January 2024

The UK's list of approved business activities for individuals on a visit visa has been updated as follows:

• The prohibition of visitors working directly with clients in an intra-company context is being removed and visitors will be able to participate provided it is incidental to their overseas employment.
• Remote work is now allowed as a permitted activity, as long as it is not the primary purpose of the visit.
• The range of unpaid work activities that legal professionals can engage in within the UK has been expanded.
• Scientists, researchers, and academics are now permitted to conduct research during their visit. However, the changes will not apply to academics applying for a 12 month visit visa or to extend their leave within the UK.
• The Permitted Paid Engagement Visitor route is being incorporated into the Standard Visitor route, which allows all visitors to undertake Permitted Paid Engagements without requiring a separate visa. However, it is important to highlight that individuals planning to engage in a Permitted Paid Engagement must arrange their activities prior to their travel to the UK and complete them within 30 days of their arrival.

Changes to the EU Settlement Scheme – applicable from 16 January 2024

Key changes in the in the EU Settlement Scheme include:

• Preventing applications as joining family members under the EU Settlement Scheme from irregular arrivals in the UK (including small boat arrivals) or entered illegally.
• Those who enter the UK as visitors and wish to apply as joining family members under the EU Settlement Scheme will be required to submit their application within three months of their arrival, unless they can provide reasonable grounds for a delay in applying.
• Curtailment of leave is being extended to include those who had been granted leave but never met the requirements under the EU Settlement Scheme. This measure is subject to a right of appeal.

Changes to the Youth Mobility Scheme – applicable from 31 January 2024

Key changes in the in the Youth Mobility Scheme include:

• Uruguay is being included in the list of participating countries.
• The number of allocated spots for Japan and South Korea is being increased.
• The requirement for an invitation letter is being removed.
• The age limit for South Korean citizens is being raised to 35.

Introduction of Appendix Victim of Domestic Abuse – applicable from 31 January 2024

The Home Office will be introducing a new Entry Clearance route specifically designed for individuals who have been victims of domestic violence and were left stranded abroad. The new Appendix will replace the existing rules for bereaved partners and their dependent children found in Part 8, Appendix FM, and Appendix Armed Forces of the Immigration Rules. This new route will also be available for dependent children to apply either concurrently with or following their parent's application.

Introduction of Appendix Statelessness – applicable from 31 January 2024

Appendix Statelessness will replace the existing rules found in part 14 of the immigration rules. Under the new Appendix partners and children will no longer be eligible to apply for permission as dependants. Instead, they will need to meet the requirements outlined in the family rules of Appendix FM to come to the UK. If you currently hold leave under the stateless route, you will still be able to extend your permission under these provisions.

Introduction of Appendix Bereaved Partner – applicable from 31 January 2024

Appendix Bereaved Partner will replace the existing rules found in part 8, Appendix FM and Appendix Armed Forces. Key changes are:

• Under the new Appendix, children are also able to apply as dependants.
• General grounds for refusal found in part 9 of the rules will apply.

Should you have any questions relating to these changes, do not hesitate to contact Migration Advisory Service.

Significant Changes to UK Immigration – Spring 2024

Published on 4th December 2023

On 4 December 2023 the government announced a ‘5 point plan’ to lower net migration from Spring 2024. These changes are:

Point 1: Reforms to Health and Care visa

• Care workers under the Health and Care Worker visa will no longer be able to bring dependants to the UK.
• Care Homes will have to be regulated by the Care Quality Commission.

Point 2: Increased general salary threshold for Skilled Worker visas

• The general salary threshold for sponsoring a Skilled Worker will increase from £26,200 per year to £38,700 per year. Applications under the Health and Care visa route will be exempt from the new general threshold.

Point 3: Shortage occupation discount abolished

• The 20% salary discount associated with sponsorship of jobs on the current Shortage Occupation List will no longer be applicable.
• The government has requested the Migration Advisory Committee (MAC) to create a new Immigration Salary List, which will replace the current Shortage Occupation List. The new list will have fewer occupations compared to the Shortage Occupation List and will include a general salary discount.

Point 4: Increase in the minimum income for family applications

• The minimum income threshold for partner visas will be raised from the current amount of £18,600 to £38,700. The additional income requirement to sponsor children is yet to be confirmed.

Point 5: Review of the Graduate route

• The MAC have been asked by the government to review the Graduate route to ensure it works in the best interests of the UK and to ensure steps are being taken to support pathways into high-quality jobs for the global talent pool and also to prevent abuse.

The government anticipate that the changes will bring a reduction in net migration by 300,000 people per year.

Should you have any questions relating to these changes, do not hesitate to contact Migration Advisory Service.

New Immigration Health Surcharge Set to Come into Effect on 16th January 2024 or later

Published on 24th October 2023

The planned increase to the Immigration Health Surcharge will come into effect no earlier than 16 January 2024 according to draft regulations. There is an increase for children, students, their dependants, and youth mobility workers from £470 per year to £776 per year. For all other effected applications, the fee will rise from £634 per year to £1,035 per year.

Where possible, applicants and employers should try to submit applications ahead of the rise to benefit from the lower Immigration Health Surcharge.