Demystifying the latest update to the Immigration Rules

Following the government's Immigration White Paper earlier this year, the first update to the Immigration Rules has come into action as of the 22nd of July.

What has changed?

As part of the move to reduce net migration and the number of overseas workers arriving to perform below graduate-level roles (RQF 5 and below), several changes have been announced to the Skilled Worker visa route which will come into effect from today (22nd July). This includes:

• The general salary threshold for Skilled Worker applicants will increase from £38,700 to £41,700.
• The general salary threshold for Skilled Worker applicants who were on a Skilled Worker route before 4th April 2024 will increase from £29,000 to £31,300.
• The minimum skills threshold for eligible occupations under the Skilled Worker route will increase back from RQF 3 to RQF 6 (degree-level). This has led to the removal of around 180 eligible occupations from the Immigration Salary List (ISL).

What do changes mean for workers who are already on a Skilled Worker visa and do not meet new skills and/or salary requirements?

Existing Skilled Worker visa holders will only be affected by changes when they seek a new Skilled Worker visa, such as when their existing visa is up for renewal, or they are changing role or employer. This means that sponsored workers do not need to immediately obtain a new visa, change roles, or have their salary increased because of new changes that have taken effect today, unless they otherwise had to. The exact criteria that individuals will need to meet when they renew their visa can be found in the Statement of Changes document published by government earlier this month.

What do changes mean for workers who are already on a Skilled Worker visa and work in a below degree-level role? 

Skilled Worker visa holders who were already sponsored before the 22nd July (or who had an initial application made before 22nd July which is later successful) will be able to renew their visa and continue working in below degree-level roles where they meet other criteria, such as any increase to the relevant occupational salary threshold. However, these changes are provisional and will be reviewed in due course.  

What do changes mean for businesses who want to sponsor new workers at roles below degree-level?

Between now and the Temporary Shortage List (TSL) becoming operational (which is expected to be after the Migration Advisory Committee’s review into salary thresholds concludes next Summer), government have announced ‘interim measures’ which enable firms to continue sponsoring workers for certain roles below degree-level. This is on the condition that the role is part of the expanded ISL, containing existing entries plus occupations at RQF 3-5 which were identified as in shortage in the MAC’s 2023 and 2024 reviews, or the interim TSL. The latter contains roles that the Department for Business and Trade have recognised as key to the delivery of the Industrial Strategy. Information on eligible roles and their respective salary thresholds can be found in the Statement of Changes document.

When the transitionary period concludes at the end of next year (no later than 31st December 2026), a new TSL will be introduced. This will provide time-limited access to work visas for roles below RQF 6 where set criteria are met, such as there being evidence of an approved sector workforce strategy. Moreover, the ISL will continue to support individuals already in the UK on other visa types to switch onto care and senior care worker roles until July 2028.

Are there any other immigration changes expected this year?

The other changes that are expected to come into effect this year are: the 32% increase the Immigration Skills Charge; the increase to language requirements across the immigration system; and the publication of a new family policy framework to Parliament. Exact implementation dates have not yet been published.

How can we use this for business advantage?

If your clients rely on overseas recruitment, they’ll now need more than shortages to make their case - they’ll need a plan. Now’s the time to help them think long-term about their training, progression, and engagement with domestic talent. Recruiters who can guide that strategy will be indispensable.

Our partners Brabners and JMW offer legal services to REC members at a discounted rate.

What is the REC doing?

We continue to engage the government to ensure plans are practical and informed by lessons from past reforms. Our campaigns work in this area is focused on ensuring that members can share labour market insight with the Labour Market Evidence Group and the Migration Advisory Committee and that the Temporary Shortages List is updated frequently enough to adapt to rapid changes in labour demand.