The Government's New Rules to control Migration

The Home Secretary, James Cleverly’s announcement regarding the changes to the criteria for foreign nationals’ visa applications was met with considerable consternation. Particularly in respect of the higher salary threshold for family visas where the British citizen or resident seeking to bring a spouse or other family member to the UK was required to have an income of at least £38,700 - rise of £20,100.

In a presumed response to the backlash of the enormous escalation of the earning threshold a further announcement has been made in this respect by Lord Sharpe of Epsom, a Home Office minister, announced some change to the initial statement made by the Home Secretary, James Cleverly, "In spring 2024, we will raise the threshold to £29,000, that is the 25th percentile of earnings for jobs which are eligible for skilled worker visas, moving to the 40th percentile (currently £34,500) and finally the 50th percentile (currently £38,700 and the level at which the general skilled worker threshold is set) in the final stage of implementation." However, this figure is set to increase incrementally thereafter without any specified time frames. This means that despite the current increase being reduced to £29,000, this could rise at any given time following the change until the initial figure of £38,700 has been achieved.

Lord Sharpe further said that the initial proposed earning threshold of £38,700 was expected to reduce the level of immigrants joining their relatives in the UK, currently 75% of the working population in the UK, to 30% of the working population being able to bring their family to the UK. 

However, the government has confirmed that despite these new rules being announced, those who are already within the five-year partner route, or who have applied before the minimum income threshold is raised in the UK will not be required to meet the increased threshold. This also applies to children seeking to join or accompany their parents. Furthermore, anyone who is granted a fianc(é)e visa before the minimum threshold is raised will also be assessed against the current income requirement when they apply for a family visa within the five-year partner route.

However, those already in the UK on a different route who apply to switch into the five-year partner route, after the minimum income threshold is raised will be subject to the new income requirement of £29,000.

Kavina Munja, a lawyer in the immigration department, commented “The Government’s about-turn on the salary level which is reduced by almost £10,000 and rising incrementally to £34,500 and eventually reaching the initial stated earning threshold of £38,700, will go some way to enabling families, particularly married couples of different nationalities to decide, in advance, where their domicile will be.” Kavina further stated “despite the reduction of salary level, this will still leave many people, particularly students, unable to remain as their earning capacity on leaving university will not reach that level, meaning Britain will, having permitted students to be educated in the UK, not retain their expertise within the work force once they leave university and attempt to gain work, negating the initial objective in granting a student visa in the first place.”

Giambrone & Partners’ immigration lawyers note that the timeline for the proposed changes has not been clearly defined so, other than knowing that there will be increments, it is still a challenge to families to make plans to accommodate the changes.

Immigration researchers at The Migration Observatory at Oxford University, when the initial announcement was made by the Government, pointed out that in certain circumstances British “…the package taken together means that in some circumstances British workers would face more restrictive rules on family than migrant workers in the same job…” Also, the organisation queries whether in fact the measures will actually impact on net migration in the way the Government hopes it will due to the changing pattern of migration and the unpredictable nature of migration. World events, for example the situation in Ukraine, can have an immediate effect on the need to relocate to another country.

It remains to be seen whether the new proposals will have the desired effect.

Kavina Munja has considerable experience related to immigration applications and has a comprehensive range of knowledge and expertise. She has successfully dealt with complex immigration appeals in the jurisdiction of England and Wales.

Kavina can assist clients with the preparation of applications, working closely with the authorities and ensuring that there are no errors or omissions that may impact on the success of the application.

If you would like more information about the new rules contact us at clientservices@giambronelaw.com or please click here.