Skilled Worker Visas and the going rate

The UK has introduced Skilled Worker visas to allow employers (who are a licensed sponsor) to recruit skilled workers from outside the UK and Ireland.

The role must be at RQF level 3 (A-level equivalent) to be considered ‘skilled’.

To be eligible, a migrant must be paid the minimum salary of £25,600 and meet the ‘going rate’ (expected salary) specified for the role. The Government has created a list containing the ‘going rate’ for each job role, which can be found on Gov.uk.

If a migrant is being paid less than the ‘going rate’ for a specified role, they will not be eligible for sponsorship under the Skilled Worker route, even if they meet the minimum £26,500 salary.

However, there are some circumstances where an applicant can meet the salary requirement even if they are paid less than £25,600 and do not meet the ‘going rate’ for the role, such as:

1. If the role is listed as a shortage occupation by the Government (check on Gov.uk), the pay is at least £20,480 and 80% of the going rate
2. If the migrant has the relevant STEM (Science, Technology, Engineering or Mathematics) PhD and the role is listed as ‘eligible for PhD points’ in the SOC code, paid at least £20,480 and 80% of the going rate
3. If the migrant has a PhD and the role is listed as ‘eligible for PhD points’ in the SOC code, paid at least £23,040 and 90% of the going rate
4. If the role is a listed health or educational job, the pay is at least £20,480 and the going rate.
5. If the migrant is a ‘new entry’, paid at least £20,480 and 70% of the going rate

A ‘new entry’ means as follows:

• The applicant is under the age of 26
• The job is a postdoctoral position relating to the following codes:
  • 2111 Chemical scientists
  • 2112 Biological scientists and biochemists
  • 2113 Physical scientists
  • 2114 Social and humanities scientists
  • 2119 Natural and social science professionals not elsewhere classified
  • 2311 Higher education teaching professionals.
• The job is a UK-regulated profession, and the applicant is working towards qualification for that profession
• The applicant is a recent UK graduate (Bachelor’s degree, Masters degree, PhD, Postgraduate certificate in education or Postgraduate Diploma in education), and their most recent UK immigration permission was as a Student, which expires less than two years before the date of application.

To be eligible for a Skilled Worker visa, the worker must also be able to speak, read, write, speak and understand English to at least level B1 on the Common European Framework of Reference for Languages (CEFR) scale and provide the appropriate evidence. They may also need to provide an overseas criminal record certificate.

Contact our business immigration solicitors today

At Ashtons Legal, we support businesses with a range of immigration issues. For tailored advice for your business, please contact Jessica Piper, Robert Hickford or Claire Sleep through this website or by calling 0330 404 0768.