The UK government has published a statement of changes to the Immigration Rules (HC 997) introducing the first of the immigration reforms mentioned in the recent Immigration White Paper. These include significant changes to the minimum skill and salary level for Skilled Workers. This article focuses on the key changes affecting Skilled Worker sponsors.
Increase to minimum salary thresholds under each option
From 22 July 2022, minimum salary thresholds will increase to:
- £41.700 for Option A
- £37,500 for Option B
- £33,400 for Option C, D and E
- £31,300 for Option F
- £28,200 for Option G
Please note that the minimum salary for those on SOC codes 6135 and 6136 is still £25,000.
Changes to minimum skill level: RQF (Regulated Qualifications Framework) level roles
SOC codes which range from RQF level 3-5 will be removed from tables 1 -3. This means that, from 22 July 2025, tables 1, 2 and 3 of Appendix Skilled Occupations will now only show SOC codes relating to occupations with RQF level 6 and above.
Does this mean that sponsors will not be able to sponsor workers with occupations that fall under RQF level 6 after 22 July 2025? Not necessarily. There are transitional arrangements and other options for sponsors who are looking to sponsor workers in roles below RQF level 6.
- Those already on the skilled worker route
The statement of changes Explanatory Memorandum states that:
"…transitional arrangements in this Statement of Changes exempt workers who are already in the Skilled Worker route (or have been sponsored for an application which is later successful) when the changes come into effect from the increase to the skill threshold. As set out in the Immigration White Paper, this enables existing Skilled Worker visa holders to continue to renew their visas, change employment and take supplementary employment, in occupations below RQF level 6."
There are therefore options for workers on the Skilled Worker route prior to 22 July 2025 (having been assigned a Certificate of Sponsorship). To work out where to look to see the available SOC codes and minimum salaries, new tables have been created:
- Those granted permission as a Skilled Worker under the rules in place before 22 July 2025 who have had continuous permission as a Skilled Worker since then will be able to extend and switch according to the SOC codes and rates listed in Table 1a, 2aa and 3a (under option K).
- Those already on the Skilled Worker route under the rules in place before 4 April 2024 will be able to extend with their same sponsor according to the SOC codes and rates listed in Table 2a.
- Those new to the Skilled Worker route after 22 July 2025
Sponsors who are looking to sponsor workers in roles below RQF level 6 can still sponsor workers from inside the UK who are switching from other visa routes if the occupation code that they want to sponsor them for is listed in:
- The Immigration Salary List
- A new Temporary Shortage List
These two lists contain SOC codes which have an RQF level of 3-5. However, there are some limitations:
- Both lists have a limited number of SOC codes. Sponsors may want to review their recruitment needs and ensure that they assign a CoS to a worker before 22 July 2025 so that they can benefit from the transitional provisions listed above.
- Workers sponsored in occupations listed in the Immigration Salary List and the Temporary Shortage List will not be able to bring dependants. Similarly, workers sponsored after 22 July 2025 on an occupation code with an RQF level below 6 will not be able to bring dependants, with some very limited exceptions.
Increase in going rates
The above changes also come with a general increase in SOC code 'going rates'. Sponsors may want to review their recruitment needs and ensure that they assign a CoS to a worker before 22 July 2025 so that they can benefit from lower going rates.
Attention care providers: Scrapping of the pool of applicants and end of entry clearance applications for care workers
From 22 July 2025, no more entry clearance applications (to come to the UK from overseas) will be permitted for those sponsored under SOC codes 6135 or 6136. Applications for permission to remain (from applicants from inside the UK) will be permitted as long as:
- The applicant already has permission as a skilled worker under these codes, or
- The applicant must have legally worked for the sponsor as a care worker or senior care worker for at least three months before the CoS is assigned. This is permitted until 2028.
This does also mean that the requirement for care providers to have first tried to recruit from the regional or subregional pool of workers is no longer a requirement.
The Explanatory Memorandum mentions that “…a result of the above changes, all applications to which the requirement applied are being closed.”
Recommendations and our assistance
Changes to the Immigration Rules can often be confusing and time consuming for sponsors. Moreover, the transitional period between now and 22 July 2025 may mean that sponsors have to look closely at their recruitment timelines. Sponsors may want to review their recruitment needs and where possible assign CoS before 22 July 2025 to benefit from the various transitional provisions and lower rates mentioned in this article.
If you would like assistance navigating the new rules and helping you with your recruitment timeline in a cost-effective way, do not hesitate to reach out for a conversation with our Business and Skilled Immigration Team either by clicking the link or emailing ebarrera@turpinmiller.co.uk.