Changes to the Immigration Rules, effective from today (12 April 2023), affect the salaries and rates of pay that migrants need to receive, for their applications to be successful.

What’s changed?

The following increases have been made:

• The Skilled Worker general threshold is now £26,200 pa
• The minimum hourly rate is £10.75
• ‘New entrants’ and those sponsored for jobs on the shortage occupation list will need to be paid at least £20,960 pa
• The Global Business Mobility Senior or Specialist Worker threshold is now £45,800 pa

Additionally, changes have been introduced in respect of calculating salary:

• Annual salaries are now considered to be based on the more usual 37.5-hour contractual amount prevalent in many UK employment contracts, as opposed to the somewhat unconventional 39 hour week that used to apply.
• There are express provisions relating to the calculation of salary where a migrant is employed to work a shift pattern which results in uneven pay. In brief, pay received for work done in excess of the 48-hour limit in a particular week can still be considered, provided the migrant is not working more than 48 hours on average of a regular period of up to 17 weeks (the usual working time assessment period).

What do sponsors need to consider?

1. While the changes do not impact migrants already sponsored, those with salaries close to the previous threshold may need an increase at the time of any extension in order for their application to be successful.
2. Ensure that CoS assigned from today state the appropriate salary.
3. Re-calculate salary to take account of the new 37.5-hour standard, where contractual hours are higher than this, to ensure that the threshold is still met.
4. Ensure that salaries for those with irregular working patterns meet the threshold under the newly applicable rules in this area.