Latest statement of changes to the Immigration Rules
On 14 March 2024 the UK government announced the latest statement of changes to the Immigration Rules. A summary of some of the changes that may impact entry clearance applications are as follows:
Changes to Appendix Skilled Worker
As mentioned already, the minimum salary requirements for persons applying on the Skilled Worker route is increasing to £38,700 per annum from 4 April 2024. There are some persons who will qualify to be paid less than this figure.
Appendix Shortage Occupation Code is being replaced by a new Appendix Immigration Salary List, also from 4 April 2024.
Changes to Appendix FM
Also mentioned already, from 11 April 2024, applications submitted under Appendix FM of the Immigration Rules will be subject to a minimum income threshold of £29,000 per annum, with no separate element for children. As confirmed in the latest statement of changes, those wishing to apply using cash savings alone, must therefore have a minimum of £88,500 for at least 6 consecutive months prior to the date of application, unless they are relying on the net sale proceeds of a property owned at least 6 months prior to the date of application.
The statement of changes have also confirmed that families who have already applied for, or have been granted, leave under the Rules in force on or before 10 April 2024 will not be subject to the new changes, and families with at least 4 children also applying for permission to enter or remain in the UK will not be subject to a minimum income threshold greater than £29,000, regardless of how many children are applying.
Appendix Adoption
A brand-new Appendix Adoption is being introduced, which is a very welcome change to the Immigration Rules. As at the date of publication, adopted children are subject to a different set of Rules and can usually only be granted leave for a period of 12 months at a time, despite the fact that their parent or guardian may be granted leave for a longer period of time. With the new changes, children will be granted leave in line with their parent. Children who are applying to come to the UK to be adopted will be granted leave for a period of 24 months.
Appendix HM Armed Forces
Another new change to the Rules is the abolishment of Appendix Armed Forces, which is now being split into two separate appendices. Appendix HM Armed Forces will apply to exclusively to members of His Majesty’s (HM) Armed Forces discharging from service (‘service leavers’) who wish to come to or stay in the UK. This also includes an applicant who was a member of HM Armed Forces but was discharged within the period of 2 years before the date of the application.
A partner or dependent child of a current member of HM Armed forces or of a service leaver can also apply on this route. The minimum income threshold is being increased to £23,496 per annum, up from £18,600 per annum previously. There is no separate element to the minimum income threshold where children are joining a main applicant.
The statement of changes have also confirmed that families who have already applied for, or have been granted, leave under the Rules in force on or before 10 April 2024 will not be subject to the new changes, and families with at least 2 children also applying for permission to enter or remain in the UK will not be subject to a minimum income threshold greater than £23,496, regardless of how many children are applying.
Appendix International Armed Forces and International Civilian Employees
This is the second new appendix that is being introduced to replace Appendix Armed Forces. This route is for members of International Armed Forces and for International Civilian Employees of either a North Atlantic Treaty Organisation (‘NATO’) force or the Australian Department of Defence.
A partner or child of a member of an International Armed Force or International Civilian Employees of either NATO or the Australian Department of Defence can also apply on this route. This route is also for a partner or child of a member of an International Armed Force who is exempt from immigration control:
- under the Immigration Act 1971; or
- under the Visiting Forces Act 1952
where the partner or child is listed as a dependant on the sponsor’s military movement orders or equivalent civilian posting letter.
Applications made under this route do not lead to settlement in the UK.
Those wishing to read the full Statement of Changes will find it on the following link: https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-590-14-march-2024.
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