Changes to Rules on Tier 2 Migrant Salaries

24th February 2017

The Immigration Rules concerning Tier 2 Migrants’ salaries have changed recently with some exceptions.

The changes concerning Tier 2 (General) Migrants are considered in further detail below:

Tier 2 (General) Migrants:

Although the salary bands in the Standard Occupational Classification Codes as in Appendix J of the Immigration Rules have not been amended, the Home Office has reviewed the Tier 2 Policy and has announced changes to salaries which came into effect on 24 November 2016.

The proposed changes were introduced with the intention to balance and ensure that employers are incentivised to up-skill and continue to train resident workers within the United Kingdom, as well as ensuring that employers can continue to access migrant workers when needed both within and from outside of the United Kingdom.

The main change to Tier 2 (General) Migrant salaries includes an increase of the Tier 2 (General) salary thresholds for experienced workers.

The salary for experienced workers has now been increased to £25,000.00 per annum, the working hours remain as stated in the UK Visas & Immigration Standard Occupational Codes, Appendix J of the Immigration Rules, in accordance with salary source used. Further changes to salary rates are expected in April 2017.

These changes to salary requirements do have exemptions for some health education professionals.

Health and education professionals can now be exempt from the higher threshold until July 2019, and the minimum salary threshold remains at £20,800 per annum, as stated in Appendix J of the Immigration Rules. The weekly hours will remain to be in accordance with salary source used. The salary for Tier 2 (General) Migrants, new entrants, will remain as it is.

Exemptions:

Reference has been made to: Appendix A: Attributes of the Immigration Rules.

Table 11CA in Appendix A: Attributes of the Immigration Rules, confirms the circumstances in which the minimum salaries will be maintained for experienced workers.

The exemptions for the increase to Tier 2 (General) Migrant salaries are as follows:

If the applicant (this will be the Tier 2 (General) Migrant main applicant) is applying for leave to remain in the United Kingdom AND:

1. The applicant has had previous leave to remain as a Tier 2 (General) Migrant on the basis of a Certificate of Sponsorship which was assigned to the applicant before 24 November 2016; AND
2. The applicant has not been granted entry clearance in this or any other visa route since the main applicant was granted leave as per paragraph (a.) above.

If the applicant is applying for leave to remain in the United Kingdom AND both paragraphs (a.) and (b.) apply, as stated above, then the minimum salary for the Tier 2 (General) Migrant will remain as £20,800 per annum OR the appropriate rate for the job title as stated in Appendix J of the Immigration Rules, whichever is higher.

Aston Brooke Solicitors are specialists in immigration law and help a wide-variety of clients across a range of immigration issues. If you wish to discuss any immigration-related issue, or feel that you require any legal advice, you are encouraged to contact Aston Brooke Solicitors for a free, no-obligation, initial consultation.

 Contributor Details:

Sonika Patel is a Solicitor in the Immigration Department at Aston Brooke Solicitors. Please do not hesitate to contact her on 020 3475 4321 for any queries that you may have in relation to any immigration-related matters.

This article does not present a detailed statement of the Law and does not constitute as legal advice. This is a summary only and legal advice should always be sought on an individual case basis.