The Home Office has confirmed via a notification on the sponsorship management system that some salary going rates (i.e. the salary requirements specific to those occupations eligible for sponsorship under the Skilled Worker route) included in March 2024 statement of changes to the immigration rules HC 590 were incorrectly stated and that sponsors should instead refer to guidance updated on 10 July 2024 when issuing certificates of sponsorship under the skilled worker route.

Background

The changes to the immigration rules, which came into effect on 4 April 2024, significantly reformed the skilled worker route by increasing the general salary threshold from £26,200 to £38,700 and by updating occupation code going rates from the 25^th percentile to the median, based on updated pay data from the Office for National Statistics.

These changes aimed to reduce net migration to the UK as fewer roles would qualify under the skilled worker route. However, there are transitional provisions for individuals granted permission as a skilled worker under the rules in place before 4 April 2024 and who have held continuous permission as a skilled worker since. For these individuals a lower general salary threshold of £29,000 applies, as well as a lower going rate based on the 25^th percentile for their occupation code.

Occupation codes which are eligible for the skilled worker route and their respective going rates are listed in Appendix Skilled Occupations of the immigration rules:

• Table 1 contains the occupation codes and going rates for individuals subject to the standard general salary threshold and median going rates (i.e. those applying under points options A – E);
• Tables 2 and 2a contain the occupation codes and going rates for individuals subject to the lower general salary threshold and 25^th percentile going rates (i.e. those applying under points options F – J), with Table 2a allowing individuals sponsored under occupation codes that are no longer eligible under the route to apply to extend their visas under this code only were they continue in employment with the same sponsor; and
• Tables 3, 4 and 5 relate to individuals applying under points option K in a listed health or education occupation.

Sponsors are therefore required to ensure that a role meets the higher of the relevant general salary threshold or going rate (based on a 37.5-hour week) prior to assigning a certificate of sponsorship to an individual, which has historically meant having regard to the going rate as stated in Appendix Skilled Occupations. 

Owing to the erroneously stated going rates in the current version of the rules, sponsors should instead use the rates in the guidance, with the Home Office confirming that caseworkers will assess applications against these rates as opposed to those contained in the Appendix.

Impacted occupation codes

By comparing the going rates stated in the Appendix and the guidance we have identified the following occupation codes as having discrepancies.

In relation to the standard going rate:

• 1163 Senior officers in fire, ambulance, prison and related services;
• 1253 Hairdressing and beauty salon managers and proprietors;
• 1257 Hire services managers and proprietors;
• 2112 Biological scientists;
• 2462 Probation officers;
• 2464 Youth work professionals;
• 3411 Artists;
• 3413 Actors, entertainers and presenters;
• 3429 Design occupations not elsewhere classified;
• 3512 Ship and hovercraft officers;
• 5232 Vehicle body builders and repairers;
• 5243 Tv, video and audio servicers and repairers;
• 5314 Roofers, roof tilers and slaters; and
• 8232 Marine and waterways transport operatives.

In relation to the lower going rate:

• 1134 Purchasing managers and directors;
• 1135 Charitable organisation managers and directors;
• 1162 Senior police officers;
• 1163 Senior officers in fire, ambulance, prison and related services;
• 1212 Managers and proprietors in forestry, fishing and related services;
• 1253 Hairdressing and beauty salon managers and proprietors;
• 1257 Hire services managers and proprietors;
• 2112 Biological scientists;
• 2141 Web design professionals;
• 2142 Graphic and multimedia designers;
• 2317 Teachers of English as a foreign language;
• 2435 Professional/chartered company secretaries;
• 2471 Librarians;
• 3224 Counsellors;
• 3314 Prison service officers (below principal officer);
• 3411 Artists;
• 3413 Actors, entertainers and presenters;
• 3422 Clothing, fashion and accessories designers;
• 3429 Design occupations not elsewhere classified;
• 3531 Brokers;
• 3572 Careers advisers and vocational guidance specialists;
• 4113 Officers of non-governmental organisations;
• 5212 Metal plate workers, smiths, moulders and related occupations;
• 5221 Metal machining setters and setter-operators;
• 5232 Vehicle body builders and repairers;
• 5235 Boat and ship builders and repairers;
• 5243 Tv, video and audio servicers and repairers;
• 5245 Security system installers and repairers;
• 5314 Roofers, roof tilers and slaters;
• 5423 Print finishing and binding workers; and
• 8232 Marine and waterways transport operatives.

Conclusion

The incorrectly stated going rates in the Appendix will have given sponsors the impression that certain individuals did not meet the requirements of the skilled worker route when they in fact did. Sponsors should have regard to the corrected going rates contained in the guidance until the immigration rules are corrected in autumn.

This article was co-authored with Jennifer Connolly, an associate at Morgan, Lewis & Bockius and Shannon Donnelly, a partner at Morgan, Lewis & Bockius.