On December 4, 2023, the Home Secretary, James Cleverly, announced future changes to visa rules for the UK in what he described as a “five-point plan” to reduce immigration.
The Home Office has published a press release and a factsheet document regarding the proposed revisions. The Home Office has released a factsheet and a press release, but not a comprehensive policy statement. Many details are still pending or have not even been decided. This implies that it is not always possible to predict with precision how changes will affect individuals under various conditions. Although the modifications are not expected to go into effect until the spring of 2024, further details will probably be made public in the interim, possibly in response to inquiries from Members of Parliament.
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What are the five changes announced?
- Workers in social care will not be permitted to travel with dependents on their visa, such as spouses and kids.
- A skilled worker visa will now require a sponsor to provide a base salary of £38,700 instead of £26,200. (but not for the Health and Care Worker visa, which includes social care, or for education workers on national pay scales).
- Changes to the shortage occupation list will drastically decrease the number of positions where hiring foreign workers with salaries less than the minimum wage is feasible.
- The minimum income normally required to sponsor someone for a spouse/partner visa will increase from £18,600 to £38,700.
- The Migration Advisory Committee will review the Graduate visa, for foreign graduates of British universities, which is a two-year unsponsored work permit.
Can I extend my student-dependent visa after January 2024?
Yes, you can continue to extend your dependent visa for as long as the primary student visa holder—your partner or parent—has a valid visa—as long as they begin their studies before January 1, 2024. The new regulations regarding dependents on student visas are only applicable to courses beginning after January 1, 2024.
Can my family apply for a dependent visa after I switch to a PSW visa?
Your partner and children can still apply for a dependent visa to stay in the UK with you if you intend to go from a student visa to a post-study work visa (PSW), also called a UK graduate visa. Recall that this is only permitted under the terms of the graduate visa if your partner and kids have been living with you in the UK as your dependents for the duration of your studies.
Can I switch from a dependent visa to a work visa in the UK?
Yes, you can change to a work visa (such as a skilled worker visa) if you are currently residing in the UK on a student-dependent visa, but you will need to fulfill the requirements of the new visa. You can become independent of your partner’s or parent’s immigration status and be allowed to stay in the UK by converting your student-dependent visa to a UK worker visa. Parents of children on student visas are the lone exception, as they are unable to convert to a skilled worker visa.
To switch from a Student Dependant visa to a Skilled Worker visa, you must:
- Obtain an offer of an eligible job from an employer with a UK sponsor license
- Meet the minimum wage standards (which, as of this writing in December 2023, are £10.75 per hour, or the “going rate” for your occupation), as well as
- Meet the standards for proficiency in the English language, such as having a level B1 proficiency in the Common European Framework of Reference for Languages (CEFR) assessment of reading, writing, speaking, and comprehension.
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