The UK Skilled Worker Visa offers a pathway for international talent to work and settle in the country. However, one of the most intricate and pivotal requirements under this route is meeting the minimum salary threshold. Missteps in salary calculations or applying incorrect thresholds frequently result in visa refusals or enforcement action against sponsors for non-compliance. This article unpacks the complexities of these requirements, helping both employers and applicants navigate the Skilled Worker visa landscape effectively.
No Universal Salary Threshold
Contrary to popular belief, there is no singular, universal minimum salary threshold for the Skilled Worker visa. The applicable threshold varies depending on the specific role, the applicant’s circumstances, and the latest Home Office guidance. Failure to correctly apply these rules can have severe consequences, ranging from visa refusals to potential sponsor licence suspension.
Current Minimum Salary Thresholds
As of 4 April 2024, the standard minimum salary threshold for most Skilled Worker applicants is £38,700 per annum, an increase from the previous threshold of £26,200. However, lower thresholds may apply in specific circumstances, such as for health and care workers or individuals earning ‘tradeable points.’ For Health and Care Worker applicants, the threshold stands at £29,000 per annum, provided they meet the full going rate for their occupation code.
Tradeable Points and Lower Thresholds
The Skilled Worker route allows applicants to reduce the required minimum salary by earning tradeable points. These points apply under certain conditions:
- Relevant PhD Qualification: A PhD in a relevant subject reduces the threshold to £34,830, while a STEM PhD reduces it further to £30,960.
- Immigration Salary List Roles: Jobs on the Immigration Salary List require a minimum salary of £30,960.
- New Entrants: Recent graduates, those under 26, or individuals in professional training benefit from a reduced threshold of £30,960.
For health and care occupations, further discounts are available. For example, a STEM PhD reduces the threshold to £23,200.
Calculating the Salary
Salaries under the Skilled Worker visa are based on a 37.5-hour working week. Where alternative working patterns exist, salaries must be prorated. Importantly, the calculation includes:
- Basic Salary: Excluding bonuses and overtime unless these are guaranteed.
- Allowances: Excluding discretionary or non-contractual perks such as travel or accommodation expenses.
Occupation Codes: A Critical Component
Selecting the correct occupation code (SOC code) is crucial. Employers must use tools like CASCOT to ensure alignment with the job description. From April 2024, the UK switched to the Standard Occupational Classification 2020 coding system, making it vital for sponsors to stay updated. Incorrect occupation codes not only lead to visa refusals but can also trigger investigations into the sponsor’s compliance.
Skilled Worker to ILR: Meeting the Requirements
After five years on a Skilled Worker visa, applicants may qualify for Indefinite Leave to Remain (ILR). Key requirements include:
- Meeting the ILR minimum salary or the occupation’s going rate.
- Providing proof of continuous residence and identity.
- Disclosing any criminal convictions.
Implications for Employers and Applicants
Employers must meticulously follow Home Office guidance to avoid compliance issues. Ensuring accurate salary calculations and occupation code selection can safeguard their sponsor licence and streamline the visa application process. For applicants, understanding tradeable points and lower thresholds can make a significant difference in meeting the visa criteria.
Final Thoughts
Navigating the Skilled Worker visa minimum salary requirements demands a detailed understanding of the rules and a proactive approach to compliance. Whether you’re an employer seeking to sponsor international talent or an applicant aiming to secure your visa, expert guidance can help you avoid costly mistakes. At GigaLegal Solicitors, we specialize in providing tailored immigration advice to ensure your application is successful and compliant with all regulations.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.