In light of the new Immigration Rules, we explore how those who already hold a Skilled Worker visa will be affected by the significant changes to the Skilled Worker route when they make a further application.
On 14 March 2024, the Home Office published a Statement of Changes to the Immigration Rules (HC 590) and the accompanying Explanatory Memorandum. This contains the much-awaited detail on how those who already hold a Skilled Worker visa will be affected by the upcoming changes to the salary requirements.
The new Immigration Rules, coming into effect on 4 April 2024, will increase the minimum general salary threshold for new Skilled Workers from the current rate of £26,200, to £38,700. The going rates for the occupation codes will also increase by the median percentile, based on ASHE data from 2023, meaning a significant increase for many occupation codes.
However, those Skilled Workers who already hold permission under the route, or who have a Certificate of Sponsorship assigned to them before 4 April 2024, will not be subject to the same salary thresholds as this, and different rules will apply.
Existing Skilled Workers will only be affected by the change in Rules when they make a further application under the route, for example, when they are extending their Skilled Worker visa, or are making a change of employment application.
Increases to the going rate
The current annual going rates for each occupation code are set at the 25th percentile of the Office for National Statistics (ONS) Annual Survey Hours and Earnings (ASHE) 2021.
For existing Skilled Workers, the new going rates from 4 April 2024 will continue to be set at the 25th percentile. However, the rates will be based on ASHE data from 2023 instead of 2021. Therefore, although any increase to the going rates will be less onerous for those who already have Skilled Worker permission, they could still be significant.
As an example, the annual going rate for an Accountant will increase to £33,900 and the going rate for a Solicitor will increase to £37,700.
Increase to the minimum general threshold
As well as meeting the new going rate for the occupation code, existing Skilled Workers will need to meet the minimum general threshold, which is also set to increase from 4 April 2024.
The majority of Skilled Workers are currently subject to the minimum general salary threshold of £26,200 per year. When a Skilled Worker makes a further application under the route, for example to extend their visa, they will need to meet the increased minimum general salary threshold of £29,000 per year.
Reduced rates for other points options
For those who benefit from meeting the Skilled Worker salary requirements through one of the other available points options, they will need to meet between 70% to 100% of the going rate for the occupation code when they make a further application, depending on the option being relied upon.
There will still be a reduced minimum general salary threshold for Skilled Workers relying on the other points options, which they will be required to meet in addition to the going rate, however this general salary threshold will also increase.
For Skilled Workers who have a PhD relevant to the job they are being sponsored for, their salary will need to be at least £26,100 per year and 90% of the going rate for the occupation code when they make a further application.
Where the Skilled Worker’s PhD is in a STEM subject and relevant to their job, their salary will need to be at least £23,200 per year and 80% of the going rate for the occupation code.
For those Skilled Workers who are being sponsored for a job on the new Immigration Salary List or the previous Shortage Occupation List, and have continued in the same role, they will need to be paid a salary of at least £23,200 per year and the going rate for the occupation code. Notably, Skilled Workers are currently only required to meet 80% of the going rate for the occupation code if their role is on the Shortage Occupation List, however this discount is being removed from 4 April 2024.
Where a Skilled Worker relied on the new entrant rate in an application before 4 April 2024, they can continue to benefit from the new entrant rate in a further application. Their salary will need to be at least £23,200 per year and 70% of the going rate for the occupation code. It is worth noting that an applicant can only be considered as a new entrant for four years, which includes any time spent under the Graduate route.
Changes to the occupation codes
It is also important to note that many of the codes for the occupations will change, to allow for the updated occupation list.
For example, the occupation code for Purchasing Managers and Directors is currently 1133, however from 4 April 2024, the code will change to 1134. The occupation code for Barristers and Judges is currently 2411, however this will change to 2412.
Skilled Workers who are extending their permission in the same role from 4 April 2024 should therefore ensure to check the occupation code and use the updated code for their further application.
How our Immigration Solicitors can help
Our solicitors are experienced in all aspects of sponsorship and preparing Skilled Worker route applications. If you require advice, our team would be happy to have an initial discussion with you. Pleasecontact usor complete the enquiry form below.
