The Home Office issued new Immigration Rules on 14 March 2024. These detailed significant changes to the Skilled Worker routes, taking effect from 4 April 2024. Here, we explore the key changes affecting Skilled Worker Indefinite Leave to Remain applications.
In our previous guide on applying for Indefinite Leave to Remain as a Skilled Worker, we covered the requirements for the application. These included the minimum salary which the applicant must be paid in order to be eligible for Indefinite Leave to Remain (ILR), also known as settlement.
The Statement of Changes to the Immigration Rules (HC 590) has made significant changes to the salary thresholds, impacting Skilled Worker applications and subsequent ILR applications.
What are the changes to the salary requirement?
The new Immigration Rules coming into effect on 4 April 2024 will increase the minimum salary threshold for sponsoring a Skilled Worker. This will result in a change to the salary requirement for ILR applications.
Under the new rules, the minimum general salary that the applicant will need to be earning at the time of their application is £38,700 per year, or the going rate for their occupation code, whichever is higher.
Are there any transitional arrangements?
Transitional arrangements have been put in place for Skilled Workers who made their initial application with a Certificate of Sponsorship (CoS) issued before 4 April 2024, and who have continued to hold permission to stay as a Skilled Worker. Those applying for ILR who fall under the transitional arrangements must be paid at least £29,000 or the going rate (which is set at the 25th percentile under the tradeable points option F), whichever is higher.
The transitional arrangements for Skilled Worker settlement applications are expected to continue until 3 April 2030. Applicants who are already on the Skilled Worker route and who wish to eventually settle in UK must be careful to ensure that they remain on the Skilled Worker route. Applicants will need to make timely applications to extend their permission to stay, where relevant, and to make their ILR application prior to 4 April 2030.
Are there any other exceptions?
In addition to the transitional arrangements, certain exceptions to the new salary threshold will remain, and a lower salary threshold will be applied in specific circumstances.
Other exceptions to the new salary threshold in relation to ILR/settlement applications are as follows:
- If the applicant’s last role was in the occupation code listed in Appendix Immigration Salary List, the applicant will need to be earning at least £30,960 per year, or the going rate for their occupation code, if that is higher.
- If the applicant was last sponsored in a job that was on the Appendix Immigration Salary List, or the previous Shortage Occupation list, or in a health or education job on a 2020 occupation list, they will need to be earning at least £23,200 per year, or the going rate for their role, based on the occupation code or the relevant national pay scale or band.
- If the qualifying period for settlement includes time as a Tier 2 (General) Migrant in a job falling under occupation codes 2111, 2112, 2113, 2114, 2119, 2150, or 2311, the applicant’s annual salary will need to be at least £23,200 per year, or the going rate under the relevant occupation code applying to them under the transitional rules, if higher.
Skilled Workers applying for ILR from 4 April 2024 should therefore ensure that their salary meets the new requirements as applicable to their circumstances.
How our Immigration Solicitors can help
If you require legal advice on an application for Indefinite Leave to Remain or settlement as a Skilled Worker, our immigration specialists are always happy to have an initial discussion, please contact us, or complete the enquiry form below.
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