Employment Contracts: Common Clauses and Employee Rights
January 5, 2025
The United Kingdom Skilled Worker visa, which replaced Tier 2 (General) visa on December 2020, is the only means for employers to employ skilled professionals in the United Kingdom. The minimum eligibility criteria and salary requirements are equally vital organs for the prospective migrants and recruiters.
Basic Eligibility Requirement:
To qualify for a Skilled Worker visa, applicants must have a valid job offer from a Home Office-licensed sponsor. The position must match one of the eligible occupation codes on the Skilled Worker route and meet the appropriate skill level, typically RQF level 3 or above (equivalent to A-level).
Candidates need to have English abilities in reading, writing, speaking, and listening at the CEFR B1 level, perhaps by taking an accepted English test, via a degree taught in English, or from a country with an English majority population.
Minimum Salary Thresholds:
Salary levels for Skilled Worker visas follow a multi-tiered system. The standard minimum salary level is £26,200 per year, but that depends on the “going rate” of the particular occupation, and the figure can be much higher in some cases.
The going rate does depend on the job and is assessed based on a 39-hour week. If one works less hours, it will also be pro-rated.
Example: A going rate for a software developer may be £34,700; for a nurse, the going rate is something different.
Read Also: Skilled Worker Visa Maternity Leave and Pregnancy Guidance
Exemptions from Salary Thresholds:
Certain applicants would qualify for a lower threshold under some conditions:
Health care professionals, educators, and those whose profession is considered in a shortage may qualify for 20% discounting of the market rate. Younger workers entering labor markets under the age of 26 or fresh from their education are qualified using a 30% reduction for general threshold and also going rate.
PhDs with relevant topics can make reductions in the salary conditions: 10% reductions are for general PhD, and 20% discount is for the STEM field PhD.
Additional Pay Conditions:
Beyond meeting salary thresholds, applicants must demonstrate sufficient funds for self-maintenance (currently £1,270) unless their sponsor certifies maintenance. They must also pay the Immigration Health Surcharge and visa application fees.
Visa Duration and Settlement:
The initial visas are granted for up to 5 years and may be extended as long as the eligibility criteria continue to be met. After continuous residence for 5 years, visa holders may apply for Indefinite Leave to Remain.
Points System
The Skilled Worker route operates on a points-based system. Applicants must score 70 points across mandatory and tradeable criteria. Mandatory points (50) come from the job offer, skill level, and English language ability. The remaining points (20) typically come from meeting salary thresholds, though alternative routes exist through shortage occupations or relevant qualifications.
These requirements help employers and potential migrants understand the UK’s immigration system. The thresholds and requirements may seem complex, but they offer multiple pathways for qualified individuals to work in the UK legally.
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