The UK Skilled worker visa is for those who have received an offer of a skilled job from a licensed sponsor in the UK. Among other eligibility requirements, you must meet the salary threshold requirement. The rules regarding the salary requirements are summarised below.
What counts as a salary for a UK Skilled Worker application?
An Applicant's salary is made up of the guaranteed gross basic pay. This is an Applicant's salary before income tax and including employee pension and national insurance contributions. Payments which cannot be taken into account when calculating the Applicant's salary include, but are not limited to:
- Overtime payments, whether guaranteed or not;
- Business expenses payments, including hotels (both in and outside the UK), international travel and hotel within the UK;
- Medical benefits such as health insurance;
- Employer pension and employer national insurance contributions;
- Payment of tuition fees;
- One-off payments including relocation costs not included in the applicant's regularly salary package;
- Any payments relating to immigration costs;
- Other payments which cannot be guaranteed including bonuses or incentive pay.
The Salary Requirement: UK Skilled Worker
The UK Skilled Worker salary requirement is the general salary threshold of £25,600 or 100% of the 'going rate' for that occupation (as set out in the relevant occupation code), whichever is higher, unless an exception applies.
UK Skilled Worker Salary for New Entrants
The salary requirement for new entrants is £20,4800 per year or 70% of the 'going rate' for the occupation. A migrant will qualify as a new entrant if one or more of the following applies:
- The Applicant was under 26 on the date the application was made;
- The Applicant is sponsored for a postdoctoral position in one
of the following occupations:
- 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 Applicant is working towards a recognised professional qualification in a profession which is UK regulated;
- The Applicant is working towards full registration or chartered status with the relevant professional body for their sponsored job;
- The Applicant is switching from a Tier 1 (Graduate Entrepreneur) visa;
- The Applicant's most recent permission, other than as a visitor, was under the Graduate route in which their permission is current or expired less than 2 years before the date of application.
- The Applicant's most recent visa was as a Student as well
as the following:
- The student visa expired less than 2 years before the date of application; and
- In that student visa, or previous student visa, the Applicant was sponsored to study a UK bachelor's degree, a UK master's degree, a UK PhD or other doctoral qualification, a Postgraduate Certificate in Education, or a Professional Graduate Diploma of Education; and
- The Applicant completed (or are applying no more than 3 months before their completion date) the course mentioned above, or the Applicant is studying a PhD and has completed at least 12 months study in the UK towards the PhD.
Tier 2 Intra-Company Transfer (ICT)
What counts as a salary for an Intra-Company Transfer application?
The Applicant's salary can be made up of their guaranteed gross basic pay and allowances which are guaranteed to be paid for the duration of the Applicant's employment in the UK.
The Salary Requirement: Intra-Company Transfer
The salary requirement under the Intra-Company-Transfer route is £41,500 therefore an Applicant must be paid a salary which equals or exceeds £41,500 a year and 100% of the 'going rate' for that occupation (as set out in the relevant occupation code), whichever is higher, unless an exception applies.
Applying for ILR as a Skilled Worker
In order to settle in the UK, a Skilled Worker must be paid a salary of at least £25,600 per year and at the going rate for the occupation code, unless an exception applies. If so, the Applicant must be paid £20,480 and at least the going rate for the occupation code. You may wish to speak to an immigration lawyer for expert advice with an application for settlement in the UK as a Skilled Worker.
The Intra-Company Transfer Visa does not lead to settlement in the UK. However, an Applicant may be eligible to extend their stay until they qualify for settlement on the basis of Long Residence in the UK.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.