Filipino Update: UK Changes Legal Migration Rules for Families

Immigration policies are always evolving around the world, including in the United Kingdom. In fact, a recent announcement by the Home secretary unveiled a five point plan which was aimed to change immigration regulations, especially those connected to family migration. These changes were made to manage the influx of individuals coming into the country.

Also Read: Department of Foreign Affairs (DFA) – Benefits, Programs, and Services

It seems that there is a need to address instances of system abuse within the UK, from individuals that bring their families over to enjoy the social welfare benefits but stop working and make no contribution to the work force. This, and many other reasons, is why this article looks into the evolving migration rules in the UK, which Filipinos need to know if they ever plan to work in the country.

uk changes migration rules for filipinos

UK’s New Family Migration Rules: Understanding Recent Changes

This article is inspired from a YouTube video posted by Ms Emily, an OFW vlogger based in the UK. In this video, she shares the significant changes to the immigration rules in the United Kingdom, and addresses whether it affects OFWs in the country. More on this topic by clicking on the link below:

https://youtube.com/watch?v=4xXtBiYVpgA%3Fsi%3DlQxre2d-udMaPdU8

UK Home Secretary James Cleverly unveiled several changes to the visa regulations of the country on December 2023. In particular, he shared a five-point plan aimed at reducing immigration levels.

Several of these changes have already been implemented, while the majority of the remaining adjustments are scheduled to take effect by April 11, 2024, as outlined in two sets of revisions to the Immigration Rules released on February 19 and March 14.

Five Changes

  • Social care workers can no longer bring dependants (partners and children) on their visa.
  • The minimum salary for a Skilled Worker visa is increasing from £26,200 to £38,700, except for Health and Care Worker visas and education workers on national pay scales.
  • Changes are made to the Shortage Occupation List to reduce the number of jobs eligible for sponsorship on less than the usual minimum salary.
  • The minimum income required to sponsor someone for a spouse/partner visa is increasing gradually from £18,600 per year to around £29,000 and ultimately to approximately £38,700.
  • A review of the Graduate visa, a two-year unsponsored work permit for overseas graduates of British universities, is underway.

Date of Implementation

  • The ban on newly arriving care workers bringing immediate family has been in place since March 11, 2024.
  • The Skilled Worker minimum salary increases will take effect on April 4, 2024.
  • An interim Immigration Salary List, replacing the Shortage Occupation List, will also be implemented on April 4, 2024; this list will be subject to review later.
  • The spouse/partner visa minimum income will initially increase to £29,000 on April 11, 2024; then to around £34,500 at an unspecified time later in 2024; and finally to around £38,700 by early 2025.
  • The review of the Graduate visa has commenced, with the Home Secretary requesting a report by May 14, 2024.

Reason for Changes

  • Ministers express concern over high levels of immigration, with provisional estimates indicating a net migration of 745,000 in 2022.
  • Recent increases in net migration are attributed to international students, social care workers, their immediate family members, humanitarian visa schemes, and asylum seekers.
  • December’s announced changes follow earlier restrictions on student dependant rules, introduced separately in May 2023 and effective since the beginning of 2024.
  • Clarifications regarding the £29,000 threshold for spouse/partner visa extensions reveal that it only applies to first-time applicants. Transitional arrangements ensure consistency in the minimum income requirement throughout visa application and settlement processes.

On Income Thresholds

  • When you first apply for a visa from outside the UK, only the income of the person sponsoring you (like a family member already living in the UK) counts towards the minimum income needed. But if you’re already in the UK and want to extend your visa or apply for permanent residence, both your income and your sponsor’s income count. Usually, you need to show proof that you’ve been earning this income for the past six months, though the rules can be complicated.
  • If you don’t earn enough money, there are other ways to qualify for the visa, like using your savings if you have more than £16,000, or in special cases. None of this is changing.
  • The rule for using savings instead of income will stay the same: only savings above £16,000, divided by 2.5, count towards the threshold. Since the threshold is increasing to £29,000, you’ll need more savings to meet it. For example, if you’re a couple and want to rely only on savings to meet the threshold, you’ll now need £88,500 instead of £62,500. You usually need to have had this amount of savings in your account(s) for six months before applying.
  • There will also be a minimum income increase for members of the armed forces sponsoring a spouse/partner visa, rising to £23,496, which is the minimum wage in the armed forces.

Reminders

  • Many countries require proof of financial support, but the criteria and amounts vary.
  • Some countries set a minimum income requirement, but research hasn’t found any with a threshold as high as the UK’s £38,700.
  • The UK’s rules on income requirements are stricter than in other countries, according to Oxford University’s Migration Observatory.
  • The higher salary threshold won’t affect those already on the Skilled Worker visa or who applied before the change.
  • People with a Skilled Worker visa before April 4, 2024, only need to earn £29,000 if they extend or settle before April 4, 2030.
  • Job-specific salaries for sponsoring a Skilled Worker visa are increasing, sometimes up to the average UK salary for that job.
  • Some exceptions allow people to earn slightly less than the minimum salary for a Skilled Worker visa, especially for new job market entrants.

While navigating the intricacies of the UK’s new migration rules may seem daunting, it’s important to recognize that these changes are implemented with careful consideration and a commitment to fairness and integrity. The assurance lies in the fact that these adjustments aim to streamline processes, safeguard opportunities, and ensure that the UK remains an inclusive and welcoming destination for those who contribute positively to its society and economy.

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