The UK government has published its latest statement of changes to the Immigration Rules (HC 733) which, amongst changes to other visa routes, introduces relevant amendments and new requirements to be adhered to by Skilled Worker sponsors. This article focusses on the key changes which will affect Skilled Worker sponsors.
Changes to minimum salary
What is the change?
Minimum salary is going up to £25,000 per year (or £12.82 per hour) for any new CoS assigned from 9 April 2025 (including extensions).
Going rates for individual occupations in healthcare and education are also being updated, where they are drawn from national pay scales, so that they continue to reflect the latest pay scales.
When does it come into effect?
9 April 2025. If an application for entry clearance or permission to stay (including extensions) has been made using a certificate of sponsorship issued by a sponsor to an applicant before 9 April 2025, the applications will be decided in accordance with the Immigration Rules in force on 8 April 2025.
For Indefinite Leave to Remain applications, if the application is put in before 9 April, it will be decided in accordance with the Immigration Rules in force on 8 April 2025.
Increase in Certificate of Sponsorship and visa fees
What is the change?
The fee to assign a Certificate of Sponsorship is going up from £239 to £525 from 9 April.
Visa application fees will also increase on 9 April but by smaller amounts (increases ranging from £20 to £99) depending on the length of sponsorship, whether the applicant is inside or outside of the UK and on whether the applicant’s SOC code is listed in the Immigration Salary List.
Changes to the provisions for care workers and senior care workers in England
What is the change?
The new provision coming into effect on 9 April 2025 states:
“SW 6.1B. If the applicant is being sponsored for a job with working locations entirely in England in either of the SOC 2020 occupation codes “6135 Care workers and home carers” or “6136 Senior care workers”; and:
(a) is applying for entry clearance; or
(b) is applying for permission to stay, and was not last granted permission:
(i) as a Skilled Worker, sponsored in either of the SOC 2020 occupation codes in (a), or the SOC 2010 occupation codes “6145 Care workers and home carers” or “6146 Senior care workers”, or
(ii) in any other route, and has been legally working for the sponsor in one of these occupation codes for at least the three months ending on the date of application; the requirements in SW 6.1C must be met.
SW 6.1C. Where SW 6.1B applies:
(a) the sponsor must have tried to recruit for the job the applicant is being sponsored for, from the pool of Skilled Workers who:
(i) are in the UK;
(ii) were last sponsored in an occupation code in SW 6.1B; and
iii) are in need of new sponsorship because their sponsor has lost its licence or has not provided sufficient work , or have been identified by the relevant regional or sub-regional partnership (set up for the purpose of delivering activity which prevents and responds to exploitative employment practices with international recruitment of care staff, in the area in which the sponsor is located or recruiting) as a worker requiring assistance in obtaining new sponsorship; and
(b) the sponsor must provide confirmation from the regional or sub-regional partnership in (a)(iii) that the requirement in (a) has been met; and
(c) the sponsor must confirm that no suitable workers were available from this pool of Skilled Workers.”.
What does this mean?
The changes will require sponsors to try to recruit from a pool of workers who are seeking new employment before seeking to sponsor new recruits from other immigration routes or from overseas.
What are regional or sub-regional partnerships and what will sponsors have to do?
For 2024 to 2025, regional partnerships have been set up to run support offers for international recruits to understand their rights and switch employers more easily when they have been impacted by a licence revocation. Across every region, there is a pool of international workers already in the country who have been affected by these revocations and continue to have the right to work in the UK until their visa is officially curtailed.
Sponsors will need to i) provide confirmation from the relevant regional or sub-regional partnership that they have tried to recruit in this way, and ii) confirm that no suitable workers were available from this pool before going ahead with sponsoring new recruits from other immigration routes or from overseas.
The changes do not apply to:
- workers in England who were already sponsored in these occupations before the changes take effect (including those changing employers)
- those switching from other immigration routes who have been working lawfully for their sponsor for at least three months.
When does it come into effect?
9 April 2025. If an application for entry clearance or permission to stay ( including extensions) has been made using a certificate of sponsorship issued by a sponsor to an applicant before 9 April 2025 (even if the application comes after), the applications will be decided in accordance with the Immigration Rules in force on 8 April 2025.
What can sponsors do before 9 April
- Sponsors can still assign a Defined CoS under existing rules (subject to having Defined CoS available). As long as they are assigned prior to 9 April 2025, the application form can come later.
From 9 April sponsors will need to first try and recruit from the pool of Skilled Workers from the regional or sub-regional partnership or, have confirmation from the regional or sub-regional partnership that no suitable workers were available and confirm this to UKVI too.
- Sponsors can still sponsor new workers who are in the UK under a different route prior to 9 April. After 9 April, sponsors can continue sponsoring workers on other routes but they will need to have worked for the sponsor for at least three months without going through the pool.
- After 9 April sponsor can sponsor new workers or extend visas of workers who were already on the Skilled Worker route prior to 9 April without going through the pool.
New entrant salary reductions based on training towards a recognised professional qualification will now require that professional qualification to be a UK qualification
What is the change?
Currently, to rely on reduced salaries under the New Entrant salary reduction, applicants must meet one of a list of requirements such as being under 26, or being on the Graduate route. One of the requirements on the list is that the job for which the applicant is being sponsored is in a UK Regulated Profession and that the applicant is be working towards a recognised professional qualification for that profession.
This has now been clarified to mean a UK qualification.
When does it come into effect and what can sponsors do before this date?
9 April 2025. If an application for entry clearance or permission to stay has been made using a certificate of sponsorship issued by a sponsor to an applicant before 9 April 2025, the applications will be decided in accordance with the Immigration Rules in force on 8 April 2025.
Changes to what is included when considering minimum salary requirements
What is the change?
Currently, the rules state that salary does not include other pay and benefits, such as overtime or bonus pay, employer pension, any allowances such as accommodation or cost of living allowances, any payments relating to immigration costs, such as the fee or Immigration Health Charge or payments to cover business expenses, including (but not limited to) travel to and from the applicant’s country of residence, equipment, clothing, travel or subsistence.
New changes add that:
SW 14.2A. Any money paid by the applicant to the sponsor (or a related organisation) will be considered as follows:
(a) The following payments will be subtracted from salary, unless (c) applies:
(i) deductions from salary; or
(ii) repayments of loans; or
(iii) investments.
(b) Any such subtractions will be averaged over the length of time the applicant is being sponsored for, for the purpose of salary considerations.
(c) Money will not be deducted where the payment is not related to business costs, immigration costs or investment, but rather an additional benefit offer which the applicant has a genuine choice whether to take up, for example salary sacrifice arrangements.”
When does this come into effect and what can sponsors do before this date?
9 April 2025. If an application for entry clearance or permission to stay has been made using a certificate of sponsorship issued by a sponsor to an applicant before 9 April 2025, the applications will be decided in accordance with the Immigration Rules in force on 8 April 2025.
We hope that the Home Office will provide more clarification on this new provision, prior to or on 9 April 2025.
Changes to Appendix Skilled Occupation
What is the change?
Certain “examples of related job titles” under some SoC Codes have been edited. To see this, please see page 34 of STATEMENT OF CHANGES IN IMMIGRATION RULES
When does it come into effect and what can you do before this date?
9 April 2025. If an application for entry clearance or permission to stay has been made using a certificate of sponsorship issued by a sponsor to an applicant before 9 April 2025, the applications will be decided in accordance with the Immigration Rules in force on 8 April 2025.
Why are these changes important?
Changes to the Immigration Rules can often be confusing and time consuming for sponsors. Moreover, the transitional period between now and 9 April 2025 may mean that sponsors have to look closely at their recruitment timelines to ensure these are in line with the rules in place when sponsorship takes place.
If you would like our assistance on navigating the new rules, 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.