Immigration After the Election
A general election will be taking place today (Thursday, July 4, 2024), which will decide the UK’s next government. A key issue that will be on voters minds is of course immigration.
Two areas of particular interest to both employers and individuals are any potential changes to the immigration system after the election. In particular, we cover the Skilled Worker visa and the family (or spouse) income thresholds.
So, with Labour or the Conservatives to take power, the question is what does each party plan to do in these areas?
Changes to the Skilled Worker Visa
In February 2024, the Immigration Health Surcharge (IHS), a mandatory fee migrants must pay for access to the National Health Service, increased for most applicants from £624 to £1,035.
Since March 2024, care workers have been unable to bring their dependants to the UK.
In April 2024, the minimum salary required for most eligible jobs on the Skilled Worker visa route rose from £26,200 to £38,700. Care and senior care workers are exempt from this requirement.
Furthermore, the Shortage Occupation List, which offered a reduced salary threshold for the jobs within it, no longer exists. It is now called the Immigration Salary List, and while offering similar discounts, contains far fewer jobs.
What would the Conservatives do?
The Conservatives in efforts to reduce net migration will introduce an annual cap on the number of workers coming into the country and increase the cost of all visa application fees
The Conservative manifesto states the party either plans to keep increasing the IHS fee or start requiring migrants to buy health insurance if ‘they are likely to be a burden on the NHS’. The manifesto is unclear on whether they will do both.
Students will no longer receive an IHS discount and migrants will need a health check before they travel to the UK.
The Conservatives have promised to continue increasing the minimum salary threshold. They say it will increase automatically in line with inflation.
What would Labour do?
Labour also plans to reduce net migration. However, its approach will be to invest in training British workers to reduce reliance on the need for overseas workers.
The Labour manifesto says they will ‘reform the points-based immigration system so that it is fair and properly managed’. While the party has not given specifics on what this will entail, it appears the Migration Advisory Committee (MAC) will play a sizeable role.
Labour’s intention is for the MAC to work alongside other government agencies such as the Industrial Strategy Council and the Department for Work and Pensions to form ‘workforce and training plans’ for sectors that rely on a high number of Skilled Workers such as health, social care, and construction.
Labour will also be strict with employers who do not comply with the rules. The party has said those employers who do not produce these plans may face the prospect of losing their sponsor licence.
Furthermore, Labour’s manifesto states the party will not ‘tolerate employers or recruitment agencies abusing the visa system’. This suggests they will clamp down on sponsor licence holders who are not complying with their duties.
The manifesto also states that the party will not ‘stand for breaches of employment law’. This could suggest Labour has concerns over sponsor licence holders not providing their employees with the minimum rights they are entitled to under the general law. This could be addressed at employers who are not paying their Skilled Workers the minimum salary requirement.
It has also been reported that Labour might reintroduce the ‘resident labour market test’ which requires employers to demonstrate they have attempted to hire workers from the UK domestic labour market before seeking to hire workers from abroad.
In terms of the recent changes made by the Conservatives, they will ask the Migration Advisory Committee to consider the impact of the £38,700 Skilled Worker salary threshold increase, but they will keep the ban on care workers bringing their dependants to the UK.
While the Conservative party have explicitly stated they will increase both IHS and application fees, Labour has been quiet.
What should applicants and businesses expect?
Under a Conservative government, applicants should expect to pay a higher application and IHS fee. You could also be required to obtain health insurance before coming to the UK. In addition, the planned cap might mean you will be put on a waiting list to apply.
Employers should expect to pay higher salaries to their migrant employees as the minimum salary requirement will continue to rise.
Under a Labour government, it is less clear. The party are planning to focus on training the domestic labour market; therefore, because of the increased competition, applicants may find it harder to obtain a job.
What is clear from Labour’s manifesto is that employers, in particular, sponsor licence holders, will be under stricter obligations to comply with their duties and wider employment law.
Changes to the Family Visa minimum income requirement
In April 2024, the Conservatives increased the minimum income needed to bring partners and children from overseas to live with them in the UK. They increased the figure from £18,600 to £29,000, with a plan to further increase it to around £34,500 later in 2024 and then £38,700 by early 2025.
What would the Conservatives do?
The Conservatives will also impose a cap on family migration.
The plan to increase the minimum income requirement has not changed. The spouse minimum income threshold like the skilled worker threshold will also automatically increase in line with inflation if the party win another term.
What would Labour do?
Labour has not said if it would reverse the increase in the minimum requirement nor has it said it would prevent the next two planned increases.
However, Labour do plan to ask the MAC to review the increase, which one Labour spokesperson has stated they have ‘real concerns’ about.
How BAYA Immigration can help
We offer spouse visas and sponsor licence applications on a no-win, no-fee basis to give you the confidence that your application will be granted. If it’s not granted, we refund the whole of our legal fee.
If you are seeking guidance on the appropriate visa to apply for, or the best approach for your business, we encourage you to reach out to one of our specialists for a free consultation. Our team is here to provide tailored advice and support to help you navigate the visa application process effectively.
Other policy areas:
For a further comparison of the two party’s policies in other areas, please see:
Manifestos:
Labour: https://labour.org.uk/wp-content/uploads/2024/06/Labour-Party-manifesto-2024.pdf#page=41
Conservative: https://public.conservatives.com/static/documents/GE2024/Conservative-Manifesto-GE2024.pdf
Joseph 04.07.2024
