The government has recently announced significant changes to the Skilled Worker visa route, effective from Spring 2024. These changes aim to reduce UK net migration, but they will likely impact the recruitment of overseas workers in the care and health sectors. In this blog post, we will outline the key details of these updates and discuss their implications for employers.
Minimum Salary Increase:
James Cleverly, the Home Secretary, confirmed that the minimum annual salary under the Skilled Worker route will be raised from £26,200 to £38,700. However, it's important to note that this increase will not apply to the 'Health and Care Worker visa.' This exemption will be a relief for NHS Trusts, private health providers, and care homes. However, if the role does not fall under the Health and Care visa category, employers in the healthcare sector will need to pay employees the new minimum salary.
Dependants' Restriction:
Under the revised regulations, care workers will no longer be allowed to bring their dependants (partners and children) with them to the UK. It is currently unclear whether this restriction will apply to all roles under the Health and Care visa or solely to care workers. Nonetheless, this change may hinder the recruitment of overseas workers who may be reluctant to relocate without their families.
Effective Date and Extension Applications:
The specific date of these changes has yet to be determined, but the government has stated that they will be implemented in the spring. While existing hires will not be affected, it remains uncertain whether the new rules will apply to extension applications. The Prime Minister's spokesperson has indicated that similar changes to the 'partner visa,' including the increased minimum income requirement from £18,600 to £38,700, will apply to extensions. Employers should anticipate that these new rules will likely apply to change of role scenarios, requiring new visa applications for existing employees.
Shortage Occupation List Scrapped:
Another notable modification is the removal of the 'shortage occupation list.' This list allowed specified roles to be paid 20% less than the standard rate. With its elimination, employers will need to adjust their salary offerings accordingly.
Implications for Employers:
These changes are likely to cause concern among health and social care employers who rely on overseas recruitment due to shortages of trained employees within the UK. It remains to be seen whether any of these changes will face legal challenges, particularly the restriction on bringing dependants, which could potentially violate the right to family life as outlined in the European Convention of Human Rights. Employers affected by these changes should consider expediting overseas recruitment plans whenever possible. Close attention should be paid to further announcements regarding these updates.
Conclusion:
As more information becomes available, we will provide additional details on these changes. Should you have any questions or concerns about these updates or any other immigration issues, please contact Thames Hill Solicitors.
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