Skilled Worker ILR – salary sense check (SW 24.3 / Table 2AA)

[srigaana]

Skilled Worker ILR salary question (SW 24.3 / Table 2AA)

Hi everyone,

I’m hoping someone can help clarify a Skilled Worker ILR salary point, as I’m a bit unsure after reading the Rules. I am eligible to apply for ILR in 20 days since my first skilled worker visa approved on 6th April 2021.

Details:
• SOC code: 5317 – Glaziers, window fabricators and fitters
• Role is listed in Table 2AA
• Current Salary: £35,350 per year
• Hours: 40 hours per week (as per Certificate of Sponsorship)
• Table 2AA going rate for role: £25,800 (based on 39 hours)

From what I understand under SW 24.3, for settlement the salary needs to be at least the highest of:
• the general settlement salary threshold (£31,300),
• the going rate for the role, or
• the salary stated on the most recent CoS.

Because the role is in Table 2AA and my salary (£35,350) is above the general threshold, I think Option A (£41,700) does not apply — but I’m not completely certain.

Could anyone confirm:
• whether £35,350 should meet the ILR salary requirement in this scenario; and
• under which table or salary option this would be considered as meeting the requirement?

Any insight from people who’ve been through ILR recently or have seen similar cases would be really appreciated. Thanks in advance!

[zimba]

All you need to know about ILR salary requirements under the Skilled Worker route

[srigaana]

Hi Zimba,

Thank you for your kind reply. Apologies for the follow up question.

The link you provided specifically talks about the minimum hours for ILR.

I would appreciate some clarification on the salary requirement for Skilled Worker ILR under Appendix Skilled Worker, SW 24.3, specifically in relation to a role listed in Table 2AA.

Under SW 24.3:

• Point A refers to roles meeting the general threshold of £41,700, with going rates listed in Tables 1–1A of Appendix Skilled Occupations.

• Point C refers to a minimum threshold of £31,300, with going rates listed in Tables 2–2A.

However, SOC code 5317 appears in both Table 1A and Table 2AA, which is creating some uncertainty.

My question is:

For a role listed in Table 2AA, which provision of SW 24.3 governs the ILR salary requirement?

Specifically, would eligibility fall under SW 24.3A (£41,700 threshold) or SW 24.3C (£31,300 threshold)?

The distinction is material, as it determines whether I would need to meet the £41,700 threshold or whether the £31,300 threshold.

I would be Grateful for any clarification from you or any of those who have dealt with recent ILR decisions or have interpreted this provision in practice.

Thank you

[zimba]

Based on your circumstances under paragraph SW 24.3, only options C applies to you.

C The applicant meets the requirements of SW 4.2(b), save that references to being sponsored should be read as meeting the requirements in SW 24.1. to SW 24.2, and rows D and E do not apply.

Here is the requirements under paragraph SW 4.2(b):

SW 4.2. The applicant must be awarded 20 points from one of the options in the table below and for the purpose of meeting these points:

(a) an applicant can only be awarded points from options A to E, unless they meet the requirements in (b) or (c).

(b) An applicant can only be awarded points from options F to J if:
(i) they are being sponsored for a Health and Care ASHE salary job; or
(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, and they have had continuous permission as a Skilled Worker since then (except that where the Exceptions for overstayers section of Part Suitability applies, that period of overstaying will be disregarded).

(c) An applicant can only be awarded points from option K if they are being sponsored for a job in an appropriate eligible SOC 2020 occupation code listed in Table 3 or Table 3a of Appendix Skilled Occupations.

Here are options F-J (tells you about the going rate based on your circumstances)

F The applicant’s salary equals or exceeds both:
• £31,300 per year; and
• the going rate for the SOC 2020 occupation code.

G The applicant has a PhD in a subject relevant to the job and their salary equals or exceeds both:
• £28,200 per year; and
• 90% of the going rate for the SOC 2020 occupation code.

H The applicant has a PhD in a STEM subject relevant to the job and their salary equals or exceeds both:
• £25,000 per year; and
• 80% of the going rate for the SOC 2020 occupation code.

I The applicant is being sponsored for a job on the Immigration Salary List and their salary equals or exceeds both:
• £25,000 per year; and
• the going rate for the SOC 2020 occupation code.

J The applicant is a new entrant at the start of their career and their salary equals or exceeds both:
• £25,000 per year; and
• 70% of the going rate for the SOC 2020 occupation code.

Your General salary -- > Salary of at least £31,300 per year

Your going rate --> At least the relevant going rate listed in Tables 2 to 2a of Appendix Skilled Occupations

Which table --> Table 2aa (under one of the columns F-J, as per your circumstances)

Your going rate is £25,800 (£13.23 per hour) and your min general salary is £31,300. Your salary must equal or exceed both salary requirements, so you must be paid min £31,300 per annum to be eligible for ILR.