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Changes to the UK Immigration Law 2024

A Guide to the Health and Care Visa


Changes to the immigration law were announced by the UK Home Secretary on 4 December 2023, and these changes became effective from March 2024. We have compiled details regarding the implications of these changes on Health and Care Visa holders.


The main changes are as follows:


  • Employers in England must be registered with the Care Quality Commission (CQC) and engage in a regulated activity in order to sponsor care workers or senior care workers (this requirement does not impact job eligibility in Scotland, Wales, and Northern Ireland).


  • Workers sponsored as care workers or senior care workers will not be able to be accompanied or joined by their dependants in the UK, except for children born in the UK. The only exception is if you were employed as a care worker or senior care worker in the UK before March 11, 2024, and you are still on a Health and Care Worker visa, or extending your visa, or changing jobs within the same occupation code.


  • Starting on 4 April 2024, Certificates of Sponsorship given for Health and Care Visa applications for NHS-banded occupations must meet the national pay scale for the specific role or the new minimum salary of £23,200, whichever is greater. This marks an increase from the previous threshold of £20,960.


  • For positions not covered by a national salary scale, they must meet a minimum salary requirement of £29,000 or the higher, of the going rate for the specific role. This rule is applicable to both new visa applications and extensions of current visas.


  • On 6 February 2024, the Immigration Health Surcharge (IHS) increased to £1,035 yearly. Individuals holding Health and Care Visas will still be excluded from paying the IHS.


  • Starting on April 4, 2024, the salary threshold for Certificates of Sponsorship issued for overseas workers sponsored by an NHS organisation and needing a general Skilled Worker Visa, including those in professions like data analysis, IT, and finance, will be set at £38,700. Individuals holding a Skilled Worker Visa prior to the change of the immigration rules should not be subject to the new salary thresholds if they switch occupations, change sponsors, or apply for settlement. Nonetheless, they must meet the new, reduced salary threshold for their specific role and their pay should increase in accordance with the salaries of resident workers.


  • The 'rapid review' of the Immigration Salary List (ISL) by the Migration Advisory Committee (MAC) has been released, and it is set to replace the Shortage Occupation List (SOL). For Skilled Worker visa holders, the minimum salary threshold change does not apply to the Health and Care worker visa. Applicants are required to meet the higher of either £23,200 or the occupation-specific threshold.


  • The minimum income needed for family visas will rise to £29,000 starting April 11, 2024. The proposal to raise the salary threshold for family visas to £38,700 is postponed until the completion of a MAC review. The salary threshold will remain at £29,000 until the review is finished.


Care Quality Commission (CQC) registration


Employers in England must be registered with the CQC and engaged in regulated activity from 11 March 2024 to sponsor workers under the Health and Care Worker, Skilled Worker route in care worker and home carers (code 6145, changing to code 6135) or senior care worker (code 6146, changing to code 6135) occupations. This requirement is a new condition for new applicants introduced in the Statement of Changes.


Dependants  

The requirement for dependents to accompany or join sponsored workers in the care worker and home carers or senior care worker occupations has been removed, except for children born in the UK.


Those with dependents sponsored under these occupation codes must have submitted their Skilled Worker applications before 11 March 2024 to ensure a positive outcome for their dependents.


Arrangements while these changes are being implemented Skilled Workers who have applied under the health and care worker route and are sponsored in these occupations before the changes come into force will be subject to transitional arrangements. These individuals will not be affected retrospectively by the changes, which will only impact those applying under this route from 11 March 2024 onwards.


If you applied before 11 March 2024 and are currently in the UK following this route,

your permission can be extended with the same sponsor and establish permanent

residency, as long as your employment and sponsorship in these positions have


been continuous, without the CQC regulation requirement applying to your sponsor.

You will also be allowed to bring your dependents to the UK, even if you switch to a

different sponsor who complies with the CQC regulation requirement.


Anticipating the Future

The UK government is expected to find the above-mentioned changes helpful in their efforts to decrease net migration and combat worker exploitation within these job categories.


Sponsors who lack CQC registration will be affected by the introduction of the registration, as they will no longer be able to sponsor workers through this route after 11th March 2024.


The UK's attractiveness as a place for care workers or senior care workers to find employment may be reduced due to the inability to bring their families with them. Fortunately, individuals who are already residing in the UK will not face any effects from these changes and can carry on living and working in the UK without having to fulfil these criteria for applications made in the future.

The MAC's recommendation to include Health and Care Worker occupation codes is a positive sign, highlighting the significance of the health and social care sector in the UK. The lowered minimum salary threshold benefits sponsors but also signifies ongoing challenges with low pay in the industry.


 

How Broadlegal Can Help You

If you require legal guidance on the above changes or any area of immigration law, our immigration law experts are ready to help.


Telephone +44 (0)208 090 8363


Disclaimer: All articles published on the Broadlegal website are intended for reference purposes only. They should not be relied on as legal advice. You should take legal advice specific to your set of circumstances prior to taking any action.







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