The most significant changes to the Skilled Worker route since its inception will come into force on 4 April 2024. There will be changes to the minimum salary thresholds, introduction of the Immigration Salary List to replace the Shortage Occupation List, changes to the occupation codes used to sponsor workers, and updates to the supplementary employment conditions.
It’s important to highlight from the beginning that while these changes won’t take effect until 4 April 2024, the Sponsor Management System will be unavailable for almost two days prior, from 7pm on 2 April to 9am on 4 April. This means that Certificates of Sponsorship must be assigned before 7pm on 2 April for the current rules to apply.
Changes to minimum salary thresholds
Skilled Workers must be paid at least the general minimum salary threshold and the going rate for the role they are being sponsored for. There are going to be significant increases to both figures.
The new rules split salary thresholds into two groups:
- new Skilled Worker applicants who will be applying for Skilled Worker permission for the first time; and
- existing Skilled Worker visa holders who will be making new applications to extend their permission, whether remaining with their current employer or applying to join a new employer.
General threshold for new Skilled Worker applicants
From 4 April 2024, the general threshold for most new Skilled Worker applicants will increase from £26,200 to £38,700.
The threshold is discounted to £30,960 if the applicant is applying for a role listed on the new Immigration Salary List or if they are a new entrant to the labour market.
General threshold for existing Skilled Workers extending a visa or changing sponsor
Existing Skilled Worker visa holders making new applications will be subject to a new general threshold of £29,000.
General threshold for Health and Care Workers
For Health and Care Worker visa applicants with roles based on national pay scales, whether applying for the first time or extending their existing permission, the general threshold will increase from £20,960 to £23,200.
Going rates
The going rate salaries tagged to each role are also being increased to align with the most recent UK salary data. New Skilled Worker applicants will be subject to higher going rates than existing Skilled Worker visa holders making new applications.
The Standard Occupational Classification (SOC) codes assigned to each sponsorable role will also be updated from the 2010 codes to the 2020 codes. This means that all roles will now have a different code number.
There will be two separate tables of going rates published on the UK government website from 4 April 2024:
- Table 1 will list the going rates applicable to new Skilled Worker applicants; and
- Table 2 will list the lower (but higher than current) going rates applicable to existing Skilled Worker visa holders making new applications.
The separate minimum hourly rate requirement, which is currently set at £10.75 per hour for most applicants, is being removed and is instead incorporated within the going rates. This means that minimum hourly rate will be £15.88 for roles sponsored in Table 1 and £11.90 for roles sponsored in Table 2.
Settlement
The same salary thresholds will also apply at the settlement stage.
New Skilled Worker applicants will be subject to the higher thresholds of at least £38,700 and the going rate for their role in Table 1, and those already on the route will need to be paid at least £29,000 and the going rate for their role in Table 2.
Please find some examples below of how the changes will apply to certain roles.
Example 1:
Role: Business Development Manager (the SOC code will change from 3545 to 3556)
Current minimum salary: £35,100 (the occupation’s going rate), which is higher than the £26,200 general threshold
New minimum for new Skilled Workers: £52,500 (the occupation’s going rate in Table 1), which is higher than the £38,700 general threshold
New minimum for existing Skilled Workers: £39,100 (the occupation’s new going rate in Table 2), which is higher than the £29,000 general threshold
Example 2:
Role: Chef (the SOC code will remain as 5434)
Current minimum salary: £26,200 (the general threshold), which is higher than the occupation’s going rate of £17,100
New minimum for new Skilled Workers: £38,700 (the general threshold) which is higher than the occupation’s going rate of £30,960 in Table 1
New minimum for existing Skilled Workers: £29,000 (the general threshold), which is higher than the occupation’s going rate of £23,200 in Table 2
Example 3:
Role: Care Worker (the SOC code will change from 6145 to 6135)
Current minimum salary: £20,960 (no going rate)
New minimum for new Skilled Workers: £23,200
New minimum for existing Skilled Workers: £23,200
New Immigration Salary List
The Shortage Occupation List currently allows workers with a role on the list to be paid 20% less than the general salary threshold and the going rate. From 4 April 2024, the Shortage Occupation List will be deleted and replaced by the new Immigration Salary List.
The 20% discount to the general threshold will still apply, but there will be no discount to the going rate.
The Immigration Salary List doesn’t include numerous roles that currently appear on the Shortage Occupation List, most notably programmers and graphic designers. The list will be updated in late 2024 once the Migration Advisory Committee carry out a full review of the occupations.
Supplementary employment
One unexpected change is the expansion of the supplementary employment provisions.
All Skilled Worker visa holders are permitted to work up to 20 hours per week in supplementary employment, outside of their main sponsored occupation. Currently, supplementary employment is strictly limited to jobs in the same role that they have been sponsored for and roles on the Shortage Occupation List.
From 4 April 2024, Skilled Workers will be permitted to undertake up to 20 hours per week of supplementary employment in all occupations that are eligible for Skilled Worker sponsorship, not just in the same occupation that they were sponsored for.
For the avoidance of doubt, occupations such as delivery driver, receptionist and cleaner are not eligible for Skilled Worker sponsorship and supplementary employment in these roles is not permitted.
If you need advice on Skilled Worker visa route changes for yourself or your business, please don’t hesitate to contact our immigration law experts John Vassiliou and Jack Freeland.