Updated guidance for sponsors on Skilled Worker ‘going rates’
The Home Office has posted an update for sponsors on the Sponsorship Management System (SMS) this week, confirming that the Immigration Rules changes in April 2024 contained a number of errors where the ‘going rates’ stated for some occupation codes were too high.
Changes to the Immigration Rules came into effect on 4 April 2024, as part of the government’s plan to reduce net migration. The changes introduced significant reforms to the Skilled Worker route, increasing the general salary threshold to £38,700 from the previous £26,200. The ‘going rates’ for individual occupations were also adjusted based on the latest Office for National Statistics (ONS) pay data. However, it has now come to light that some of these previously published going rates were incorrect.
The SMS notification advises sponsors that the guidance on GOV.UK has now been updated with the correct, lower rates and the Immigration Rules will be corrected in the autumn. In the meantime, sponsors may refer to the going rates in the GOV.UK guidance when issuing CoS for Skilled Workers, as these are the rates caseworkers will assess applications against.
The following guidance documents for the Skilled Worker Visa have been updated and can be accessed via the Skilled Worker guide:
- Going rates for eligible occupations
- Immigration Salary List
- Jobs that qualify for a PhD Salary Discount
- Minimum Salary if you’re under 26, studying, training or in a postdoctoral role.
What are the Skilled Worker salary rules?
Under the Skilled Worker route, applicants must be paid a minimum salary to qualify for a visa. How much you need to be paid depends on the type of work you do.
The minimum salary for the type of work you’ll be doing is whichever is the highest of:
- £38,700 per year.
- The ‘going rate’ for your occupation.
All occupations eligible for a Skilled Worker visa have a corresponding 4-digit occupation code called a Standard Occupational Classification (SOC) code. The list of eligible occupations is updated periodically with the relevant going rate salary for each job.
There are different salary rules if you work in some healthcare or education jobs, where the going rate is based on national pay scales.
In some cases, Skilled Workers can be paid less than the general salary threshold or the ‘going rate’ for their occupation, if they meet certain criteria such as having a PhD level qualification or being a ‘new entrant’ to the labour market.
There are also transitional provisions in place for individuals granted permission as a Skilled Worker before 4 April 2024, under the previous lower salary thresholds, and who have held continuous permission as a Skilled Worker since. These individuals are subject to a lower general salary threshold of £29,000, as well as a lower going rate for their occupation code.
Advice for sponsors
The previous errors in going rates may have led to some sponsors believing that an individual was not eligible for the Skilled Worker route on the basis of salary, when in fact they could have been eligible.
Now this has been corrected, sponsors are advised to check the corrected going rates in the Skilled Worker guidance when issuing Certificates of Sponsorship (CoS) until the Immigration Rules are officially amended in the autumn.
This incident also emphasises to sponsors the importance of carefully checking details such as SOC codes and salary requirements before issuing a CoS, and ensuring you are regularly logging into your SMS account so you do not miss important updates such as this.
If you have questions about SOC codes, salary requirements, or any other area of sponsoring Skilled Workers, Smith Stone Walters is here to help. To find out more about our UK immigration services for employers, please contact us today.
