What are the new changes to the immigration rules in 2024?
2024 New UK Immigration Rules
There have been some recent changes to the immigration rules announced, and our Business Immigration Solicitors in London have summarised these below. We have also provided some key information on right to work checks, which are required to be conducted under law, which we know a lot of our clients are failing to do.
Right to Work Checks
It is a legal requirement to check all employees’ passports and right to work documents in the UK. Passports and right to work checks must be kept up to date and kept on file for the duration of employment and two years after an employee’s employment terminates.
Failure to comply with right to work checks can cause both commercial and reputational damage for your business and potentially incur an immigration fine of up to £45,000 per breach. Conducting right to work checks correctly will allow your business to obtain a statutory excuse should any issues arise.
Checks should be completed before the employees first day and repeat checks should be carried out near the expiry of the relevant document. It is advised that you implement calendar reminders to notify you every 6, 3, and 1 month before expiry of a passport, visa and right to work document. History of all right to work checks should be kept on file as the Home Office may carry out an audit and request to see that your business has historically met the requirements.
As an Employer, you are required to:
conduct in person ‘manual’ checks of original documents;
use the Home Office online check service; or
use an Identification Document Validation Technology (IDVT) check.
Home Office Online Checking Service
The online checking service is simple to use:
the migrant employee can log into their UK Visa Immigration account and provide the employer with a share code;
the employer will go to the right to work check page on the government website and enter the code and employees date of birth;
the employee will confirm that they have shared the code with the employer and then the employer will have access to their proof of right to work;
employers should check that the photo of the employee online matches the individual in question; and
the employer should download a copy of the employees’ profile and retain on the employee’s personnel file.
Even where the employee has provided you with their Biometric Residence Permit (“BRP”), you are still required to use the Home Office Online Checking Service and keep a copy of the BRP (front and back) on file. Please note that the Home Office intends to phase out the issuing of BRPs from 1st January 2025 to centralise the online system.
The Online checking service is free to use, and the statutory excuse is satisfied under this method as all information is provided instantly directly from the Home Office database, i.e. the Home Office is informed what date you made the check.
We understand that right to work checks can be tricky and damaging both financially and reputationally if done incorrectly.
We are happy to have a video call with you to run through the steps for £175 plus VAT. Please book a time with our Immigration Solicitor today.
Immigration Rules Changes
Immigration Health Surcharge (“IHS”)
As of 6 February 2024, the new cost for the Immigration Health Surcharge (“IHS”) increased from £625 per year to £1,035 per year. This increase will significantly impact the cost of any future visa applications as the IHS must be paid for the duration of the visa at the time of submission of the application (i.e. 3-year visa equates to £3,105 for IHS alone).
Skilled Worker Visa
On 14th March 2024, the Home Office confirmed its increase to the minimum salary for Skilled Workers from £26,200 to £38,000 – an increase of 48%. Employees who are currently on the Skilled Worker route prior to the immigration rules changes, should be exempt from the new minimum salary requirements when they change sponsors, extend, or settle in the UK. However, the Home Office still expects their pay to progress at the same rate as settled workers.
This increase is scheduled to take effect from 4 April 2024.
Shortage Occupation List
The Shortage Occupation List is comprised of occupations which are considered understaffed in the UK Labour Market. These roles are granted a more lenient eligibility criteria for Skilled Worker applicants. The UK government intends to remove the 20% ‘going rate’ salary discount for shortage occupations to eliminate the practice of ‘cut-price labour’ from overseas.
The Shortage Occupation List has been replaced by the Immigration Salary List to align with the new salary increases and will be in effect from 4 April 2024.
Automatic Renewal of Sponsor Licence
As of April 2024, the Home Office will no longer require sponsors to renew their Sponsor Licence every 4 years. Licences which are due to expire on or after 6 April 2024 will benefit from an automatic extension of 10 years. Those who have licences expiring before 6 April 2024 will have to renew their sponsor licence manually on the Sponsor Management System.
By automatically extending licences for a decade, the Home Office intends to reduce administrative burdens on both sponsors and government authorities. This move is expected to foster a more efficient and simplified system, allowing employers to focus on their core activities without the recurring need for licence renewals.
Should you have any questions on the above or would like to talk to our Employment/Immigration team on business immigration queries, please book a discovery call today
Book a call with our Business Immigration Solicitor today ↓
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