maximum working hours and WTR

[peeta]

we recently sponsored a skilled worked (CoS assigned in 2023), so I guess for the duration of his visa we need to pay him £26 200 (the salary we entered) or whatever the going rate and whichever the higher.

This is despite the min salary has changed to 38,000 now.

but, we are now thinking of changing is hours, reading the guidance, it says, the salary is calculated for 48 hours per week.

we would like the worker to work 60 hours, so I guess first we need his consent to opt out of WTR, correct?

and then do we also have to increase their pay? since we continue to pay the amount promised, will it still be ok to pay whatever we are paying now without falling short of any immigration laws ?

we would ideally like to pay more, but company is going through a tough period now, so do not want to pay extra unless we have to.

thanks for your time.

[CR001]

So you expect a worker to work 60 hours a week on the same pay for a 39 hour week (what ukvi based annual salaries on)?

This is exploiting a worker and 60 hours on £26,200pa is way below the minimum wage. You would be breaching the rules and risking the sponsor licence being cancelled.

You also cannot force an employee to opt out of WTR.

What industry is this?

The link below explains when a worker can be paid less. The rules changed in April too.

https://www.gov.uk/skilled-worker-visa/ ... -paid-less

[peeta]

certainly we do not want to exploit and of course there is is no pressure on the worker to opt out of WTR.

but just wanted to know where we stand.

so if understand this, there is no limit to how many hours skilled worker can work (assuming they consent to opt out of WTR), but they must be paid overtime beyond 48 hrs per week at their going rate?

[peeta]

So you expect a worker to work 60 hours a week on the same pay for a 39 hour week (what ukvi based annual salaries on)?

min salary seems to be calculated now based 48 hr week, not 39.

ref: SK7 of this doc https://assets.publishing.service.gov.u ... 4-v1.0.pdf

[CR001]

What is this persons SOC or Occupation Code you used on the COS??

[peeta]

thanks for the reply, it was 3417

[CR001]

What is the job title?

[peeta]

sorry why does it matter please? isn't the job code enough?

anyway, it is Audio visual technician

[CR001]

sorry why does it matter please? isn't the job code enough?

anyway, it is Audio visual technician

It matters. You posted asking for advice on rhe forum so you should provide the relevant information if you expect us to help you. We are all volunteers.

That job title and job code salary is based on 37.5 hours per week as stated in the immigration rules. The immigration rules trump any guidance notes.

https://www.gov.uk/guidance/immigration ... ccupations

[peeta]

sorry why does it matter please? isn't the job code enough?

anyway, it is Audio visual technician

It matters. You posted asking for advice on rhe forum so you should provide the relevant information if you expect us to help you. We are all volunteers.

That job title and job code salary is based on 37.5 hours per week as stated in the immigration rules. The immigration rules trump any guidance notes.

https://www.gov.uk/guidance/immigration ... ccupations

thanks, happy to provide all the info and appreciate the advice.

It is just that I thought all job titles are grouped under a code, and one rule apply to a code and not within individual job titles within that code. hence why asked. so. even within the same code, different rules apply to job titles?


coming back to my original question, since the Cos assgined in 2023, am I right in thinking that the salary threshhold at that time (26,200k) continue to apply for the duration of their visa?

[peeta]

reading here https://www.gov.uk/government/publicati ... tion-codes

looks like the standard rate is £15.88 and lower rate is £13.08, but not sure it is applicable for our case.

the same doc says, it is applicable if
1) are applying for a Health and Care Worker Visa in certain occupations
2) got your certificate of sponsorship for your first Skilled Worker visa before 4 April 2024 and have continually held one or more Skilled Worker visas since then

the question is should both condition be met or is it one or the other?