ILR minimum hours with new skilled worker's guidance

Due to the covid situation I have a part time offer from my current sponsor with a reduced salary(34k) and reduced hours to 20 a week. I'm a bit confused if that's going to be an issue moving forward with ILR. The company said it's not an issue with the current Tier 2 visa (shortage occupation) I have for over 4 years after they checked with their lawyers.

I've checked the minimum hours required here and on page 23 it says:

Pro-rating salaries for part time workers
49. The going rate ensures fair pay compared with resident workers and aims to prevent
migrant workers 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.

The bold bit says there's no need for minimum hours, but the old Tier 2 guidance from 2013 says minimum should be 30.

Can someone please advice? As I need to make a decision to take up this offer. I'm eligible for ILR end of this year so would prefer to accept it if the reduced hours not going to affect it.

The skilled worker route does not have a minimum number of weekly hours requirement. The guide says:

Unlike under Tier 2 (General), there is no minimum number of weekly hours for
shortage occupations in the Skilled Worker route, providing the relevant general
salary threshold requirements are met and the ‘going rate’ salary requirements are
met when pro-rated.

You are also confusing the general threshold for a Skilled worker visa which should not be pro-rated (unless you work more than 48 hours weekly) with the min going rate which must be pro-rated based on the weekly working hours stated on the certificate of sponsorship (CoS).

As you are being paid 34K you meet the general threshold for a skilled worker visa. Now you simply need to calculate the going rate based on the 20-hour week and see if the offered salary exceeds that. Then you should be good

Also see pages 27-29 of the skilled worker caseworker guide for these calculations.

Zimba wrote: ↑

Wed Aug 18, 2021 11:07 pm

The skilled worker route does not have a minimum number of weekly hours requirement. The guide says:

Unlike under Tier 2 (General), there is no minimum number of weekly hours for
shortage occupations in the Skilled Worker route, providing the relevant general
salary threshold requirements are met and the ‘going rate’ salary requirements are
met when pro-rated.

You are also confusing the general threshold for a Skilled worker visa which should not be pro-rated (unless you work more than 48 hours weekly) with the min going rate which must be pro-rated based on the weekly working hours stated on the certificate of sponsorship (CoS).

As you are being paid 34K you meet the general threshold for a skilled worker visa. Now you simply need to calculate the going rate based on the 20-hour week and see if the offered salary exceeds that. Then you should be good

Also see pages 27-29 of the skilled worker caseworker guide for these calculations.

Thanks! This is very helpful. Couldn't find much details about this. Appreciate your input on these 2 questions:

- Am I automatically under Skilled Worker rules when having Tier 2 general?
- Is this the correct calculation? With a full-time (39 hours per week) salary of £34,000, working 20 hours per week gives a pro-rata salary of £17,435.90. My SOC is 2136, if that's correct I'm not eligible.

Tier 2 route does not exist anymore. So the rules under the Skilled Worker route apply to all ILR applicants for sponsored work.

You misunderstood the going rate calculations. For your SOC the min salary is £33k for 39 hours of work per week. You will pro-rate this as £33,000 ÷ 39 x 20 = £16,923. This is the minimum salary you must be paid for working 20 hours a week under that SOC. If your current salary is £34k for 20 hours a week, then your salary is more than double that minimum.

It is needless to say that the general threshold under the skilled worker is between £20,480 and £25,600 £23,200 and £38,700, depending on your circumstances. So as long as you get paid more than £25,600 £38,700, then you do not need to worry about the general threshold.

So calculations work like this:

1. Find out the min going rate based on the weekly hours and the rate under the SOC code (pro-rate if the applicant has different weekly hours). Compare this value to the current salary. If the current salary is higher go to step 2, otherwise the applicant is not eligible. The lower going rate only applies if you moved to the skilled worker route before 4 April 2024.
2. Find out the general threshold that applies to the applicant (pro-rate this if the applicant works more than 48 hours per week). If the applicant's current salary is higher then the applicant is eligible, otherwise the applicant is not eligible.

For detailed information read the official caseworker guide: https://www.gov.uk/government/publicati ... r-guidance
SOC going rates: https://www.gov.uk/government/publicati ... -and-codes

That's a relief, your detailed answer's much appreciated! Next up getting ready for ILR