Right to Human Right

Skilled Worker guidance updated in line with HC 1160 

Document Information

Issue date: 31 March 2023

Published date: 31 March 2023

Source: UK Visas and Immigration

Jurisdiction: England

Northern Ireland

Scotland

Wales

The Home Office has updated its sponsor guidance in relation to the Skilled Worker route. Notably, a new Annex SK1 has been inserted in relation to upcoming changes , as set out in the Statement of Changes HC 1190   eg increasing the salary thresholds for applications supported by a Certificate of Sponsorship (CoS) issued on or after 12 April 2023. In addition to the changes  in the Rules, the guidance states that the National Minimum Wage (NMW) rates for those aged 21 or over from 1 April 2023 are increasing. As the new NMW rates will be in excess of the £10.10 minimum hourly rate requirement for Skilled Worker, sponsors must ensure that where a CoS is issued from 1 April 2023, applicants are paid the revised NMW rates, where relevant. Note that the Skilled Worker minimum hourly rate requirement is increasing to £10.75 for applications supported by a CoS issued on or after 12 April 2023. The guidance also provides examples of circumstances in which a sponsor may not be required to operate PAYE on the worker’s earnings (which must be explained on the CoS) eg ‘if the worker is covered by an exception set out in HMRC EP Appendix 4, or is self-employed’.

https://www.gov.uk/government/publications/workers-and-temporary-workers-sponsor-a-skilled-worker

http://www.povertyalleviationhd.org/wp-content/uploads/2023/07/HC_1160.pdf