One of London's most respected law firms responds to new tougher Skilled Worker and Spouse Visa rules
Osbourne Pinner, has responded to the recently announced new visa rules, which are intended to reduce migration to the UK
The London law firm has helped over 1000 businesses recruit employees from overseas with its highly effective Skilled Worker Visa and Sponsor Licence service, which boasts a 100% success rate in Sponsor Licence applications. This success has led to the firm being recognised as a leading solicitor in this field across the London area.
Home Secretary James Cleverly has announced a raft of measures designed to curb immigration, including increasing the minimum salary for foreign skilled workers to £38,700 from £26,200, with the exception of the healthcare sector.
Senior Immigration Solicitor at Osbourne Pinner, Richard Young said: “These new regulations are going to have a significant impact on UK businesses seeking to recruit skilled workers from overseas.
“The raised minimum salary is a large jump and will mean that some UK companies can no longer afford to recruit workers from overseas.
“We strongly advise companies who are looking to recruit foreign skilled workers to enlist the support of a legal expert to establish what effect the new regulations will have on the process.”
The new regulations are estimated to reduce migration by 300,000 per year by making it harder for companies to recruit overseas workers and for the workers themselves to have more difficulty in obtaining a skilled worker visa.
Successful sponsor licence applications allow firms to employ skilled candidates from outside the UK, including the European Economic Area (EEA) under the Skilled Worker rule for Tier 2 and Tier 5 visas. The licence is valid for four years and will then be up for renewal. The sponsorship is only granted to the company if they meet all the visa conditions.
Richard added: “Anyone seeking to employ overseas workers should be mindful of the record-keeping, reporting and monitoring that is required by the Home Office to ensure that your company complies with the regulations. We can assist with this, but an in-house HR team is highly beneficial.
“Since the legislation changed in April 2023 to the points-based immigration system, the legalities around recruiting overseas workers now has added complexity. The updated regulations will add further complications to the process, so having legal aid to guide you through the process is strongly recommended.
“Time will tell as to what the impact the new rules will have, but our team has a 100% success rate in this field so we will be able to assist companies as they navigate the regulations and understand what is now required of them to ensure compliance.”
Another key element of the new ruling is that the minimum income requirement for a spouse or family visa will be raised from £18,600 to £38,700. This makes it harder for UK-born people to bring their foreign-born spouse to the UK to live, and means that British people will need to earn at least £38,700 if they want to bring their partner to the UK.
If you are married to a UK citizen who is settled in the country, you can apply for a UK spouse visa which permits you to be with your partner for 30 months initially, and you get a spouse visa extension for another 30 months when the eligibility criteria have been met. After continuously residing in the UK for five years on a spouse visa, you can apply for a settlement and, ultimately, British citizenship.
Osbourne Pinner’s expert team has a 100% success rate for spouse visa applications, making them one of London’s leading solicitor firms for this area of law.
Yee Han, Senior Associate at Osbourne Pinner said: “The raised salary requirement for a spouse visa will mean that some UK citizens will be unable to bring their spouse to live with them, unless they are able to get a higher-paid job that meets the £38,700 threshold. We are working with clients on the changes to check their eligibility.
“Even prior to these new regulations being introduced, obtaining a partner visa can be a complicated and long process. It is essential to consider your circumstances carefully and seek professional advice before applying for a spouse visa in the UK.
“Applying for a visa may be time-consuming. If you make mistakes in your application, you risk delays, rejection, or even being denied entry to the UK. Our team can assist you in avoiding these mistakes and improving your chances of having your application accepted.”