Most people will be aware of the five-point plan aimed at reducing immigration that was announced by the new Home Secretary, James Cleverly, last Monday. The proposed changes will take effect in the spring of 2024.

It is unknown at this stage as to whether it will be made law and if so, the precise date the various changes will take effect. So, what do we know about this new UK immigration policy? We lay out what we know and what we suspect of the future. Read on to find out the details.

What we know so far

My colleague Jamie Kerr, in his latest blog, discusses the salary threshold changes to the skilled worker route and the wider impact on the availability of international skills and labour in the UK market when it comes to this new UK immigration policy. He also discusses how these Visa changes will create additional pressures for already hard-pressed sectors.

The family route of this UK immigration policy sees the salary required to bring a partner/spouse and dependents to the UK set at the same level as the minimum for skilled workers. Since Appendix FM was first introduced in 2012, the minimum income threshold has remained £18,600. Increases to that threshold to account for inflation were expected, however, to see it more than double to £38,700 will have come as a shock to many.

The median annual earnings for full-time UK employees in 2023 was £34,963, indicating that the new threshold will have a very real impact on qualification by the vast majority. The British or settled sponsor would need to show that they have a gross annual salary of at least £38,700 from the six or 12 months before making the application according to this UK immigration policy. Other income streams such as rental income and self employment profits/remuneration can also be used, as long as it reaches the same threshold.

If the sponsor is employed and couple have no other forms of income, they can presently demonstrate savings of £62,500 in order to quality. If the proposed plans proceed, this figure will increase to £112,750.

The changes in this UK immigration policy announced so far do not bar those on receipt of certain benefits from sponsoring their partner. The qualifying benefits are disability living allowance, severe disablement allowance, industrial injury disablement benefit, attendance allowance, carer’s allowance, personal independent payment, armed forces independence payment, and constant attendance allowance under the war pension scheme or policy injury pension. If the sponsor is in receipt of one or more of these, they will need to show that they can maintain and accommodate their partner without recourse to further public funds. This means the income threshold would not apply.

The fees

As many will recall, the 66% increase to the Immigration Health Surcharge which will apply to all application from 16 January 2024 onwards had already been announced prior to Monday.

To recap, this is £624 per year presently and will rise to £1,035. To put this in the context of an extension application by couples or families:

Where possible, an early application before the IHS increases take effect would make economical sense. If qualification by 16 January is an issue, for example if someone only started working less than six months ago and has no other income or savings, it would be advisable to work out the earliest date they qualify and apply promptly. Those who were prepared to apply next year under the present threshold would need a strategy in place to see if income can be increased. It also remains to be seen if transitional provisions will apply, allowing those already in the UK under the route to continue to rely on the present threshold.

If you are concerned about your eligibility and would like assistance in ensuring you meet the present or proposed rules, please contact us for a fixed fee consultation.

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