UK Work visa: how to determine whether old or new salaries apply? £38,700 or £29,000 or what?

By 1st 4Immigration - #1 UK Immigration Experts -

In the earlier post here, we covered how to determine a salary for a Skilled Worker visa, using the blanket minimum (like £38,700) and the going rate. However, you also need to use what blanket minimum applies, £38,700 or £29,000. In other words, should you use the Rules before or after 4 April 2024? 

The short answer: those who already had a Skilled Worker visa under the Rules in place before 4 April 2024, can continue under the old rules. They continue for a Skilled Worker extension, change of Sponsor and even for ILR. They don't need to be paid £38,700. Assuming they had this category continuously and apply before 4 April 2030.

Where do we find this? In the Rules: in Appendix Skilled Worker here , under Eligibility, we have SW 4.2. (shortened version): 

(b) An applicant can only be awarded points from options F to J if:
  1. (ii) the date of application is before 4 April 2030, they were granted permission as a Skilled Worker under the rules in place before 4 April 2024, …

Further down, we have a Table where Option F says the minimum salary £29,000 or the going rate. Unless one of the concessions applies, such as a PhD relevant to the job (options G and H) or the Immigration Salary List (option I). 

Once you have determined whether to use the old or new Rules, you have to use the same approach as we descried in the earlier post, ie the minimum salary must be the highest of the blanket minimum (like £38,700 or £29,000) and the going rate. Don’t forget the going rate! It may be higher than the blanket minimum, so you may get a problem unless you reduce weekly hours. 

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