Skilled Worker Visa Changes

Employers can sponsor an individual from outside the UK via the Skilled Worker route. However, the government has released its Statement of Changes to the Immigration Rules to tighten the rules around sponsorship, which took effect from the 4^th April 2024.

Key changes include increasing the general salary threshold for new Skilled Workers from £26,200 to £38,700 or the going rate for the role (whichever is higher).  ‘Going rates’ are determined by the Occupation Code for the role which means that some roles will have a ‘going rate’ significantly higher than the new £38,700 threshold. For individuals currently on a skilled worker visa wishing to extend or change sponsor, they will be protected under the transitional arrangements if they have been sponsored before 4th April 2024 and have maintained continuity of permission as a Skilled Worker. There will be a lower general salary threshold for these individuals but it will still increase from £26,200 to £29,000. These transitional arrangements will be in place until 03 April 2030.

In positive news for the health and education sector, the Statement of Changes to the Immigration Rules confirms that the new general salary threshold of £38,700 will not apply to health and education occupations based on national pay scales. If you sponsor an individual in an Occupation Code listed in Table 3 of Appendix Skilled Occupations, the general salary threshold will be £23,200 or the going rate for the role (whichever is higher). From 4 April 2024, headteachers, teaching assistants and educational support assistants will be considered as education sector occupations. These recent changes means more roles qualify and therefore benefit from the lower salary rates.

Other key changes:

• Replacement of the Shortage Occupation List (SOL) with a new Immigration Salary List (ISL). Jobs on the ISL will benefit from a 20% discount on the general salary threshold (for example £30,960 instead of £38,700).
  
  
• Significant expansion of supplementary employment permission to permit supplementary work in all roles eligible for Skilled Worker sponsorship. With the removal of the shortage occupation list, supplementary work within the skilled worker route will be broadened to encompass all occupations that are eligible for a skilled worker visa. So, if the role is located within Appendix Skilled Occupations, Skilled Workers will be able to do supplementary work in that role.