What Do We Mean by Minimum Salary Requirement?
The minimum salary requirement is a mandatory requirement for migrant workers applying for and obtaining skilled worker visas in the UK. All prospective and current migrant workers, sponsored under the skilled worker route by a UK sponsor, must meet this requirement. The minimum salary for a specific job will vary depending on whether the individual is a new or continuing skilled worker.
What is the Minimum Salary for Prospective Skilled Workers?
As of 4 April 2024, a new minimum salary for skilled workers has come into effect. The minimum salary is now set at the higher of £38,700 or the going rate for the individual’s specific job. Every job that can be sponsored will fit into an eligible UK Government Standard Occupational Classification (SOC) Code and each SOC Code has its own going rate and minimum salary. Most of these minimum salaries are based on a 37.5-hour working week. The going rates for most eligible SOC Codes can be found here. For example, if an individual has been offered a skilled worker role in the UK as a Software Engineer, his or her job is likely to be covered under SOC Code 2134 Programmers and software development professionals and have a minimum salary of £49,400 based on a 37.5-hour week.
It is important to note that many jobs in healthcare and education sectors have different rules and are listed separately. For example, in these sectors, the salary must be the higher of £23,200 or the going rate for the relevant SOC Code.
Continuing Skilled Workers Applying for an Extension in the Same Job or a New Job
If an individual is already in the UK on a skilled worker visa, their salary does not need to increase provided it met the minimum salary requirement before 4 April 2024. This also applies for migrants who have completed 5 years of continuous residence in the UK as skilled workers (including those who previously held Tier 2 General visas) and are applying for Indefinite Leave to Remain.
If an individual is making a change of employment application to work for a different employer or for the same employer but within a different SOC Code, he or she may not need to meet the new salary requirement. This would be the case if both of the following apply:
- He or she obtained their certificate of sponsorship for their Tier 2 or Skilled Worker visa before 4 April 2024, and;
- he or she has continually held their Skilled Worker visa since then.
When Can Employers Pay Skilled Workers Less?
Employers can pay new entrants to the labour market less than the minimum salary. New entrants are those under 26 years old, students on a student visa, graduates on a graduate visa, individuals in professional training, those with a specific PhD relevant to their job, or postdoctoral researchers in science or higher education. For instance, a trainee accountant studying for an ACCA qualification could be classified as a new entrant.
A new entrant can be paid between 70% and 90% of the going rate for their SOC Code, provided the amount is not less than £30,960. For example, a Software Engineer under SOC Code 2134 could be paid a minimum new entrant salary of £34,580 per annum for a 37.5-hour working week. If the individual works more than 37.5 hours per week, their salary needs to be higher.
Family Visas and the Minimum Income Requirement
If you are applying for certain family visas, such as those for joining a British or settled spouse, civil partner, or unmarried partner in the UK, there is a strict minimum income requirement. On 11 April 2024 this minimum income requirement was increased to £29,000 by the UK Government as part of a 5-point plan to reduce net migration. This change was implemented to gradually bring the minimum income requirement for family visas in line with the minimum salary requirement for skilled worker visas. This requirement means that if an individual is applying to join his/her partner in the UK he/she must demonstrate that the partner i.e. the sponsor has a gross income of £29,000 per annum from salaried employment. This requirement also applies when switching to a partner visa from a different visa type within the UK, although in this case, both the applicant’s and sponsor’s incomes can be combined to meet the requirement.
The situation changes slightly when using employment from other sources such as savings, self-employment and income from property. The amount of savings a couple must have is directly linked to the minimum income requirement therefore this has also increased significantly – if a couple is relying on savings alone, they must have combined savings of £88,500. It is possible to amalgamate both salaried income and savings to meet the minimum income requirement. Those already on partner visas or applying for Indefinite Leave to Remain after 5 years of continuous residence in the UK as a partner will be unaffected by this change. Some family visas such as those used for parents applying to stay in the UK on basis of their British or settled child have a different financial requirement which is called the adequate maintenance requirement. This is generally less onerous. It is important to seek legal advice at the time of applying to benefit from an expert opinion and maximise the chances of success in an application.
Changes Expected in the Near Future
Before the general election in July 2024, the UK Government announced plans to increase the minimum income requirement to £34,500 and then to £38,700 in late 2024 and early 2025, respectively. However, with the recent change to a Labour government, it remains uncertain whether these changes will be implemented. Applicants should monitor the situation and consider submitting their applications early if they might be affected by potential future changes and if they are ready to apply now.
How Can We Help?
Skilled Worker Visa Solicitors: Contact Us
At Ronald Fletcher Baker, our dedicated team of immigration solicitors is ready to answer your questions and guide you through the application process for skilled worker visas and family visas. We routinely advise large corporate clients, high-net-worth individuals, and vulnerable clients with limited incomes on a range of technical immigration issues and applications, helping them achieve their goals. For assistance, please contact our immigration team at immigration@rfblegal.co.uk.