Stacey Lambert, Associate in our Business Immigration team, explains how transitional arrangements should be applied when extending Skilled Worker visas and sets out some useful examples.
How do the Immigration Rules provide for the extension of Skilled Worker visas, and how should sponsors manage this in the light of new thresholds and SOC Codes?
Most sponsors are aware that the general salary threshold for Skilled Workers is now £38,700 (as of 04 April 2024). What you may not have considered are the provisions in the Immigration Rules for Skilled Workers already employed by you before the change came into effect and now need to extend their leave.
In this scenario, it’s important to remember the lower transitionary general threshold of £29,000, plus the going rates for each Occupation Code calculated based on 25th percentile Annual Survey of Hours and Earnings (ASHE) data.
This article provides some examples, to help illustrate how the rules work for an existing employee extending and continuing their leave as a Skilled Worker. Please note that this is only relevant where the Skilled Worker will continue with the same job type and responsibilities. Therefore, the focus of this article is Option F of Appendix Skilled Worker.
Example 1
A CoS was assigned before 04 April 2024 confirming the sponsorship of a Skilled Worker for 3 years. The annual salary was £27,000. The relevant Occupation Code when the CoS was assigned was 3543 – Marketing Associate Professionals.
Under the SOC 2020, the equivalent code for this particular role is now 3554 – Advertising and Marketing Associate professionals. The going rate based on the 25th percentile Annual Survey of Hours and Earnings (ASHE) data is £25,900.
This means the general salary threshold of £29,000 (calculated pro-rata where needed) is the threshold to be met.
If this employees’ salary has risen since the initial CoS was issued, perhaps in line with inflation, you may find that the position continues to meet the salary threshold and is eligible for sponsorship under the Skilled Worker route. On the other hand, if this was a new hire to the business (or similar) the salary threshold of £38,700, if option A is relevant, would apply.
Example 2
A CoS was assigned before 04 April 2024 confirming a Skilled Worker’s sponsorship for 2 years. The annual salary was £33,000 and the Occupation Code to describe the position was 2122 – Mechanical Engineers.
The salary has since increased to £34,250 and we are looking to assign a new CoS to support the extension application, provided the position remains eligible for sponsorship.
The general salary threshold is £29,000. Whilst the new salary exceeds the general salary threshold, the going rate must also be considered.
Under the SOC 2020, it is decided that the equivalent code is 2126 – Mechanical Engineers which has a going rate of £35,600. This is based on the 25th percentile Annual Survey of Hours and Earnings (ASHE) data. Assuming there is no requirement to pro-rata the threshold, the current salary falls below the threshold. This is likely to mean you can no longer offer sponsorship under the Skilled Worker route for this position.
If you find that sponsorship can’t continue because the role is no longer eligible for sponsorship, you will need to consider the impact from both an immigration and employment perspective. I spoke with Gemma Clark, Associate and Sarah Price, Solicitor in the Wright Hassall Employment Law team about their initial perspective on this – check out the podcast.
Get in touch if you need further advice because your company is faced with this situation or is looking for support with any other business immigration and/or employment matters.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published here. Definitive advice can only be given with full knowledge of all relevant facts. If you need such advice please contact a member of our professional staff.
The information published across our Knowledge Base is correct at the time of going to press.
