The Going Rate
These rates are based on the 25th percentile of earnings in the UK data drawn from the Annual Survey of Hours and Earnings (ASHE) which is updated annually by the Office for National Statistics, normally at the end of October. The current rates for each profession can be found in Annex E. These rates (and any discounts to them from scoring tradeable points elsewhere) do not absolve sponsors of their obligations under the National Minimum Wage Regulations, even if the stated going rate is lower. Skilled workers are entitled to the same minimum rates as other UK workers.
It is worth noting that the salary thresholds for some occupations may change between now and the new route being launched. The Rules and guidance will be based on the latest available appropriate data at the time they are published.
Public sector occupations
On the advice of the MAC, national pay scales will be used to determine the going rate for 24 health/education public service occupations. The list can be found in Table 28 (Annex E). The £25,600 general salary threshold will not be applied for this group; however, the minimum salary floor will be £20,480. This group will not have access to tradeable points as they will not need other points to offset the £25,600 threshold. We do not consider it appropriate for sponsors to be offering salaries at less than the national pay scales for these occupations.
There is one temporary exception to the minimum salary floor for nurses and midwives who can be paid a lower salary for up to the first eight months in the UK before they achieve their full UK registration as a nurse or midwife. After eight months, the nurse or midwife would need to be paid according to the national pay scales for a newly registered nurse or midwife.
Pro-rating salaries for part-time workers
The going rate ensures fair pay compared with resident workers and aims to prevent migrant workers from being used as a source of cheap labour. As under the existing system, going rates for individual occupations can be pro-rated depending on the applicant’s working pattern, as long as the total applicable general salary threshold (£25,600, £23,040 or £20,480) is met. The general threshold is a measure of the economic contribution an applicant will make to the UK. It applies regardless of the number of hours worked and will not be pro-rated.
Eligibility for PhD points
Applicants will only be able to score points for having a PhD relevant to the job. Sponsors will need to decide and be able to justify whether an applicant’s PhD is relevant to the job they are sponsoring them for and to advise whether it is a STEM PhD. We will withhold points if the sponsor’s explanation is clearly not credible. Points can only be awarded for academic PhDs.
In addition, applicants will only be able to score points for having a PhD when working in certain occupations. A list of occupations which will, and will not, be able to claim PhD points will be kept under review. For the initial launch of the route, the list will cover:
- all occupations in the top skill level of the Standard Occupational Classification (SOC) code system.
- a small number of additional STEM jobs, such as lab technicians, which do not appear in the top skill level, but which involve research or technical knowledge and where we believe a relevant PhD would be an advantage.
The relevant occupations are listed in Annex B.
Points requirements in further applications by individuals
Those who enter the Skilled Worker route will need to make a new application if they (a) change employer; (b) change jobs (to another SOC code), or (c) need to extend their stay. Existing Tier 2 (General) migrants who need to do any of the above will also need to make such an application under the Skilled Worker route once the Tier 2 (General) route closes. The points table will apply to these further applications.
If the migrant has changed their employer and/or their job, there will be a reassessment of whether their new post meets the required skill and salary level. PAYE records for all skilled workers will be regularly checked to confirm they are being paid the correct salary.
Applicants who scored points for the English language at the required level in an earlier application will score those points automatically in a subsequent application. They will not need to submit their qualification certificates again, but if their job has changed, we will assess whether their qualification is relevant to their new job.
New Entrants
New entrants to the UK labour market are currently entitled to come to the UK on a lower salary than their more experienced counterparts are required to earn. They currently benefit from this reduced salary threshold for three years. Migrants will be defined as new entrants under the Points-Based System if they meet one of the following requirements:
- They are switching from the Student or Graduate route to the Skilled Worker route;
- They are under the age of 26 on the date of their application; or
- They are working towards recognised professional qualifications or moving directly into postdoctoral positions.
The requirement is an addition to the existing new entrant requirements list and will be introduced for the Points-Based System on the recommendation of the MAC. While postdoctoral positions are easily identified, we will use the following tests to identify those “working towards recognised professional qualifications”:
- The salary reduction for professional qualifications should only be available where the job offer is in a regulated profession or protected job title.
- “Working towards professional qualifications” should mean working towards full registration or chartered status with the relevant professional body.
- This definition will also include those who have switched from the Graduate route into the Skilled Worker route.
We will impose a floor on the reduced salary threshold for new entrants. The discount to the going rate for new entrants will be 30%, but the floor will mean that no migrant can come if they earn less than £20,480. We will apply a 20% reduction to the general threshold, rather than a 30% reduction, as we do not consider skilled workers should be sponsored at a salary of less than £20,480. Applying a 30% reduction to the general threshold would mean, in many cases, the applicant would be paid less than the National Living Wage.
Highly skilled workers
Beyond January 2021 and in line with the recommendations from the MAC, we will create a broader unsponsored route within the Points-Based System to run alongside the employer-led system. This will allow a smaller number of the most highly skilled workers to come to the UK without a job offer. This route will not open on 1 January 2021 and we are exploring proposals for this additional route with stakeholders over the coming year. Our starting point is that this route would be capped and would be carefully monitored during the implementation phase. Further details will be shared in due course.
