check” on all employees before the start of their employment. If an employer is found to have employed an illegal worker and has not conducted valid right to work checks, they risk a civil penalty. Employers will need to make sure that they have systems in place to conduct and record right to work checks in a legally compliant way, and that they avoid any discriminatory treatment of individuals in how these checks are carried out. Do you envisage a change in UK business immigration rules for 2024? Immigration policy is inextricably linked to the UK political landscape and with a General Election in 2024, all of those impacted by UK Immigration changes will need to keep an eye on what the next chapter will bring. The developments reflect the UK’s evolving approach to managing immigration, balancing the needs of its labour market and educational institutions with broader policy objectives. We expect 2024 to be a busy year for Immigration changes: **Increase in Immigration Health Surcharge**: The UK government has proposed a considerable increase in the immigration health surcharge, effective from January 16, 2024. The primary rate will rise from £624 per year to £1,035 per annum. This change will impact all applicants, including students and those under 18 years of age (although they will be subject to a lower fee). **Anticipated Skilled Worker Visa Changes** The Home Secretary has announced a package of measures in December 2023 which aim to significantly reduce legal migration into the UK. The “five-point plan”, which will come into force in Spring 2024, consists of the following changes: • Skilled worker minimum salary change: the threshold for applications under the Skilled Worker route will increase to £38,700 (from the current £26,200), with WWW.LAWYER-MONTHLY.COM 17 a lower salary threshold applicable to health and care workers. • Shortage Occupation List: The 20% discount applied to minimum salaries for applicants under the Shortage Occupation list (SOL) will be axed. In addition, the Home Secretary has asked the Migration Advisory Committee (MAC) to review the entirety of the SOL given the new minimum salary threshold for Skilled Workers, with a view to reducing the number of eligible occupations on the SOL. • Family Visas: The minimum salary threshold to sponsor a family member will increase to £38,700 (from the current £18,600 which was set in 2012) in line with the changes to the Skilled Worker threshold. • Student and Graduate visas: The government will ask the MAC to review the Graduate Route to “prevent abuse and protect the integrity and quality of UK Higher Education”. • Health and Care visas: Overseas care workers will not be able to bring family dependents to the UK. Care firms that want to sponsor people to come to the UK will need to be regulated by the Care Quality Commission. **Increase in Civil Penalty charges for illegal working**. The maximum illegal working penalty is due to increase from £20,000 to £60,000 in January 2024. **Further digitalisation of borders**. The continuing role out of the Electronic Travel Authorisation “ETA” is expected with Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and United Arab Emirates being able to apply from 1 February 2024. Further countries will be rolled out during 2024. The ETA is a digital permission to travel to the UK and is a visa waiver system introduced to help strengthen the security of the borders. It’s also noted that British nationals will be required to comply with the European Travel Information and Authorisation System “ETIAS” from 2024. Contact Joanne Taylor Partner – UK Immigration Magrath Sheldrick LLP | 22 Chancery Lane, London, WC2A 1LS | DX 149 (Chancery Lane) DDI: 020 7317 6765 | Fax: 020 7317 6766 E-mail: joanne.taylor@magrath.co.uk Web: www.magrath.co.uk
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