One of the eligibility requirements a Skilled Worker applicant must meet is that of salary criteria. The applicant must be paid at least the minimum salary for the type of job they have been selected to do. The minimum salary depends on various factors including whether the individual is a new entrant, occupdaiton code and qualification.
Generally, the minimum salary requirement an applicant must meet is whichever is highest out of the following options:
(a) £25,600 or £10.10 per hour i.e. “the general threshold”
(b) The “going rate” for the relevant job.
Minimum salary
£25,600 or £10.10 per hour is the minimum salary or what is known as the general threshold. This applies regardless of the type of job the applicant may be doing. This can vary depending on the tradeable points claimed and can be either £25,600, £23,040, £20,800 or £20,80.
Going rate
The going rate is the minimum salary that applies for a particular occupation/occupation code. The going rates are set out in Appendix Skilled Occupations. Once again, an applicant may be paid the full going rate for the relevant occupation or the lesser going rate of 70%, 80% or 90% depending on the tradeable points claimed.
Whether an applicant can trade the general threshold of £25,600 or the full going rate applicable to the chosen occupation for a lesser of the two depends on what additional skills, qualifications, or characteristics an applicant has to offer. Those recognised by the Home Office are specified and limited.
Mandatory points requirements
An applicant for a skilled worker visa must score 50 mandatory points against the following requirements:
| Options | Description | Points |
| A | Sponsorship | 20 |
| B | Job at appropriate skill level | 20 |
| C | English language | 10 |
Tradeable points
An applicant can only select one tradeable point to claim. If an applicant is unable to demonstrate skills, qualifications, or characteristics which would allow the applicant to be sponsored on a lesser salary, then the only tradeable point an applicant can claim is Point A for Salary. In doing so, the applicant must demonstrate that he is offered a salary that meets both the full general threshold and the full applicable going rate.
In addition to 50 mandatory points, an applicant must score 20 points from below six options.
| Options | Description | Points |
| A | Salary | 20 |
| B | Salary and relevant PhD qualification | 20 |
| C | Salary and relevant STEM PhD qualification | 20 |
| D | Salary and a job in a shortage occupation | 20 |
| E | Salary and applicant is a new entrant | 20 |
| F | Salary and a job in a listed health or education occupation | 20 |
Occupation code
There are different salary rules for skilled workers who work in healthcare or education. For such applicants, the going rate is based on the national pay scales. An employer should carefully select the occupation code to ensure the the appropriate minimum salary or going rate for the job role. Failure to select the required salary may led to visa refusal.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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