Is it Harder to Get a UK Visa?

By Gemma Tracey, Partner in Immigration Law at JMW Solicitors

September 30 2024 - In December 2023, the previous Conservative government announced a series of changes to the UK's visa system. From the 11th March 2024, social care workers could no longer bring dependants, while the salary threshold for Skilled Worker visas rose from £26,200 to £38,700 from 4th April 2024. The Immigration Salary List, replacing the Shortage Occupation List, now includes fewer jobs eligible for reduced salary requirements. For spouse visas, the minimum income threshold increased from £18,600 to £29,000, and whilst further rises were planned, the Home Secretary has paused these pending a review by the Migration Advisory Committee. These changes affect both skilled professionals and family reunification cases, raising the bar for many applicants.

The above measures were implemented by the previous government in an attempt to reduce overall net migration, which reached 685,000 in the year to December 2023.

The Changes to Worker Visas

In addition to increasing the general salary threshold, the 'going rate' specific to each profession was also increased. Previously, going rates were calculated based on 25th percentile Annual Survey of Hours and Earnings (ASHE) data; for new sponsorships, they're now calculated based on median ASHE data. The rationale was to reduce the intake of lower-paid workers and ensure that only highly-skilled, well-paid professionals could access the UK labour market. While these changes were designed to bring down the overall migration rate, they pose challenges for sectors that rely on skilled migrant workers but offer salaries below the new threshold (even with any reductions to which they may be eligible). Regional differences in pay within the UK is a further hurdle when considering the going rates and general salary threshold.

On 4th April 2024, the Immigration Salary List replaced the Shortage Occupation List, which reduced the number of jobs that qualify for reduced salary thresholds. This affects businesses that previously depended on hiring workers for roles where skills were in short supply. The new list now focuses on fewer roles, aiming to reduce the number of employers sponsoring migrant workers at a lower salary.

Labour is hoping to reduce reliance on overseas workers by encouraging businesses to train and recruit domestically. However, the full implications of the Immigration Salary List will depend on future policy reviews by the current Labour government, which has pledged to reassess labour shortages and training gaps in the UK workforce.

Other Changes

For those seeking family visas, the minimum income requirement for spouse and partner visas was raised from £18,600 to £29,000, effective 11th April 2024. Further increases to £38,700 were planned, but the Home Secretary has since paused the increases pending a reviewWhile transitional arrangements allow those already on the visa route before 11th April to continue under the old rules, first-time applicants will face more stringent income criteria.

The Graduate visa scheme also underwent a review in May 2024. This visa - which allows graduates of UK universities to work in the UK for two years without sponsorship - was scrutinised for potential abuse. However, the Migration Advisory Committee found no evidence of significant misuse and recommended that the visa remain in place.

These regulatory changes reflect the previous government's broader intention to reduce migration and address public concerns over the impact of high immigration. By targeting specific groups, such as social care workers and low-income families hoping to be reunited, and raising salary thresholds for skilled workers, more stringent conditions have been created for prospective visa applicants. While these measures were aimed at addressing net migration figures, they also introduced challenges for individuals and businesses involved in the UK's increasingly complex immigration system.

What Are the Labour Government's Immigration Pledges?

Labour's approach involves continuing to use the points-based immigration system, but seeking to control and manage immigration, in the hope that the Conservative's plan to bring down migration levels continues. They are hoping to still respond to the demands of the UK's labour market, and will be working with the Migration Advisory Committee (MAC) and other governmental bodies to assess the needs of key sectors.

One of Labour's key goals is to boost Britain's skills base by addressing the root causes of long-term reliance on migrant workers. Instead of allowing sectors to remain on shortage lists indefinitely, Labour plans to "fire up" domestic skills training in industries such as healthcare, construction and social care, which traditionally rely on overseas workers.

By spotting skills gaps earlier and implementing sector-specific workforce plans, the new government intends to build a sustainable labour force from within the UK, reducing the need for overseas recruitment. These plans may result in fewer visas being granted in sectors where the government believes local workers can be trained and employed, although Labour is still waiting to receive the outcome of the MAC's research into these plans.

Labour has also committed to ending workplace exploitation, where some employers use migrant workers to undercut wages and working conditions. The new immigration policy will include measures to ban overseas recruitment for employers and recruitment agencies that break employment laws. This shift will place greater responsibility on businesses to uphold fair practices, with stricter penalties for those who fail to comply with UK labour laws. Employers will face increased scrutiny and may be barred from hiring migrant workers if they are found to be violating workplace regulations, a step aimed at protecting both domestic and migrant workers from exploitation.

Impact on Business Immigration

The current government's immigration reforms are expected to have significant implications for businesses that rely on hiring overseas talent. Although they have not introduced formal caps on visa numbers, they plan to introduce "appropriate restrictions" on visas to reduce reliance on international recruitment over time. This could make it more challenging for businesses to hire migrant workers, especially in sectors that have traditionally depended on overseas employees to fill skill gaps.

Increased compliance measures are another key aspect of Labour's business immigration plan. Employers will be required to adhere strictly to UK immigration law, with harsher penalties for those who fail to meet fair employment standards. For businesses, this means greater scrutiny when applying for and maintaining sponsor licences. The government is also expected to extend the ineligibility periods for obtaining a sponsor licence for businesses found to be in violation of employment laws. Failure to meet these compliance standards could result in a loss of the ability to hire migrant workers, making it essential for businesses to ensure that they are fully compliant with both immigration and labour laws.

Stricter immigration policies, combined with increased compliance requirements, mean that companies must adapt by investing more in the training and development of local talent. Sectors that rely heavily on migrant workers will need to carefully navigate these new rules to ensure they can continue to meet their staffing needs, while adhering to Labour's immigration policies.

How Hard Is it to Get a UK Visa?

For lower-wage workers, particularly social care workers, the new restrictions on dependants and higher salary thresholds for Skilled Worker visas have increased the difficulty to obtain a visa. The increased income requirement for spouse or partner visas also places added pressure on families seeking reunion, particularly for those on lower incomes.

For skilled workers, the raised baseline salary for visas means that even in high-demand sectors, fewer roles meet the criteria. However, certain exceptions remain for roles in healthcare and education, allowing workers to qualify despite the increased salary threshold.

Labour's plans to reduce reliance on international recruitment further complicate visa applications for businesses. With an emphasis on prioritising domestic workers, Labour's policies could reduce the number of roles available to migrants. Employers will face greater scrutiny regarding compliance with both immigration and employment laws. Sectors reliant on overseas workers may find it harder to recruit international talent, especially if Labour imposes requirements that businesses must demonstrate investment in local skills and training.

For families, the higher income thresholds for spouse or partner visas make it more difficult for low-earning UK citizens or residents to bring their partners into the country.

It has indeed become harder for many to obtain a UK visa, especially in lower-wage sectors and in cases of family reunification. Skilled workers in high-demand fields still have options, but the increased salary thresholds and plans to focus on domestic recruitment suggest that visa applications will continue to face greater hurdles. Businesses, in particular, must be prepared to make progress through complex compliance requirements and shifting Immigration Rules.

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