On 28 August 2024, the Home Office issued a notification on its Sponsor Management System for Skilled Worker sponsors, confirming that the going rates for some occupations were stated to be higher than intended when the Immigration Rules were updated in April 2024. These incorrect going rates will be amended in the Autumn update to the Immigration Rules. In the meantime, sponsors may rely on the figures stated in the guidance documents updated on 10 July 2024, as these are the ones Home Office caseworkers will use.
Updated guidance for sponsors
The Home Office posted an update on 5 September 2024, confirming that the Immigration Rules changes in April 2024 contained errors where the ‘going rates’ stated for some occupation codes were too high. The changes introduced significant reforms to the Skilled Worker route, including increasing the general salary threshold to £38,700 from the previous £26,200. The going rates for individual occupations were also adjusted based on the latest Office for National Statistics (ONS) pay data. However, it has now come to light that some of these previously published going rates were incorrect. Sponsors are advised to check the corrected going rates in the Skilled Worker guidance when issuing Certificates of Sponsorship (CoS) until the Immigration Rules are officially amended in the autumn.
Practical steps for employers
Immediate actions
Employers should refer to the updated guidance documents on GOV.UK for the correct, lower rates when issuing CoS for Skilled Workers. These documents include:
Carefully check details such as Standard Occupational Classification (SOC) codes and salary requirements before issuing a CoS. Ensure regular login to the Sponsor Management System (SMS) to avoid missing important updates.
Long-term considerations
Prepare for the official amendment of the Immigration Rules in the autumn. This will involve updating internal systems and processes to align with the new going rates once they are formally published.
Adjust budgets to accommodate the corrected going rates and ensure compliance with the new salary thresholds. This is particularly important for roles that were previously thought to be ineligible due to the higher, incorrect rates.
Additional considerations
Transitional provisions
For individuals granted permission as a Skilled Worker before 4 April 2024, under the previous lower salary thresholds, and who have held continuous permission as a Skilled Worker since, the general salary threshold is £29,000, as well as a lower going rate for their occupation code. This transitional provision will remain in place until 3 April 2030.
Impact on recruitment practices
The changes to the going rates and the introduction of the new Immigration Salary List (ISL) replacing the Shortage Occupation List (SOL) mean that employers must be vigilant in maintaining a clear and consistent policy on recruitment and sponsorship concerns. This includes ensuring that offers to meet sponsorship needs do not inadvertently lead to discrimination issues caused by a sponsored worker being paid more than a local worker.
Supplementary employment
An unexpected change in the new Immigration Rules is the expansion of the definition of “supplementary work” to include all occupations eligible under “Appendix Skilled Workers.” This allows Skilled Worker visa holders to undertake supplementary work in a wider variety of roles, provided it does not exceed 20 hours per week and is outside of their contracted hours.
Compliance and monitoring
Employers must ensure robust HR systems and processes are in place to meet compliance duties. This includes regular audits of the existing Skilled Worker population to ensure the necessary budget is available to pay the higher general threshold and going rates applicable when these individuals need to extend their visas or apply for settlement in the UK.
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