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ILR minimum hours with new skilled worker's guidance

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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quoala
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ILR minimum hours with new skilled worker's guidance

Post by quoala » Wed Aug 18, 2021 6:07 pm

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.

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zimba
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Re: ILR minimum hours with new skilled worker's guidance

Post by zimba » Thu Aug 19, 2021 12:07 am

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.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

quoala
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Re: ILR minimum hours with new skilled worker's guidance

Post by quoala » Sat Aug 21, 2021 4:05 pm

Zimba wrote:
Thu Aug 19, 2021 12:07 am
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.

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zimba
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Re: ILR minimum hours with new skilled worker's guidance

Post by zimba » Sat Aug 21, 2021 9:18 pm

The Tier 2 route does not exist. So the rules under the Skilled Worker route apply to all the ILR main applicants.

In order to meet the salary requirement for ILR under this route (for most applicants), you have to find out the general salary threshold for ILR as well as your going rate based on your SOC. To meet the ILR salary requirement, you need to be paid at or above the highest value between the two.

General threshold

The general threshold is the minimum salary which applies regardless of the applicant’s occupation code. This threshold now is set to £41,700 but it can be as low as £25,000, depending on the tradeable points option and whether transitional arrangements apply. The general threshold is the same, regardless of how many hours a week the applicant is sponsored to work. It cannot be pro-rated for part-time work. However, if the applicant is being sponsored to work more than 48 hours a week, only the salary for the first 48 hours a week can be considered.

The lower general thresholds of £31,300, £28,200 and £25,000 are only available to individuals who are either:

• whose ILR application is made before 4 April 2030, were granted permission as a Skilled Worker under the rules in place before 4 April 2024 and have had continuous permission as a Skilled Worker since then, or
• they are being sponsored for a Health and Care ASHE salary job

The general salary threshold for those under eligible SOC 2020 occupation Health or education occupation codes listed in Tables 3 or 3a of Appendix Skilled Occupations, is set at £25,000

Skilled Worker settlement (ILR) salary requirements
  • If your initial visa was granted before 4 April 2024 and you are applying for ILR before 4 April 2030
    (transitional cases — Appendix Skilled Occupations Tables 2, 2aa and 2a)
    • General threshold: Variable (£31,300, £29,000, £28,000 or £25,000), depending on the applicant’s circumstances, as set out in the Tables 2, 2aa and 2a of the Appendix Skilled Occupations
    • Going rate: Variable (70% to 100% pro-rated going rate as per the SOC occupation code), as set out in the Tables 2, 2aa and 2a of the Appendix Skilled Occupations
    • Requirement: Must be paid whichever is higher of the applicable general threshold or the full going rate for that SOC code
    • Note: Both the threshold and going rate are determined by the SOC code and the applicable Appendix Skilled Occupations table
  • If your initial visa was granted on or after 4 April 2024 (excluding jobs listed in Tables 3 and 3a of Appendix Skilled Worker)
    • General threshold: £41,700
    • Going rate: Variable — 100% of the going rate for the specific SOC occupation code (as set out in the relevant table)
    • Requirement: Must be paid whichever is higher of £41,700 or the full going rate for that SOC code
  • Health or education occupation codes (Jobs under Tables 3 and 3a of Appendix Skilled Worker):
    • General threshold: £25,000
    • Going rate: Determined by the relevant national pay scale for the role (e.g. NHS or teaching pay scales), based on job role and grade rather than SOC going rate percentages
    • Requirement: Must meet the applicable pay scale salary for the specific role and grade
      National pay scales for eligible healthcare occupation codes --> https://www.gov.uk/government/publicati ... tion-codes
Checkout --> Skilled Worker caseworker guidance – Assessing salaries
Scroll to Occupation codes in Tables 2, 2aa and 2a of Appendix Skilled Occupations

How does the salary calculation work ?
  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. You need to also 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.
    If you moved to the skilled worker route before 4 April 2024 the max general threshold is set at £29,000 but this could even be lower as explained above
Important Note if you were issued an old SOC 2010 code
The Standard Occupational Classification (SOC) codes assigned to each role have been updated from the 2010 codes to the 2020 codes, so if you were issued an old SOC 2010, you need to find the the new 2020 SOC. These two should effectively refer to the same role/title.
To do this, use the equivalent 2020 SOC to determine your salary requirement for ILR.

Enter your job title on the CASCOT occupation coding tool to find out the correct SOC 2020.
CASCOT occupation coding tool--> https://cascotweb.warwick.ac.uk/#/class ... on/soc2020
The latest going rates as per SOC 2020 --> https://www.gov.uk/government/publicati ... tion-codes

For detailed information read the official caseworker guide--> https://www.gov.uk/government/publicati ... r-guidance
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

quoala
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Re: ILR minimum hours with new skilled worker's guidance

Post by quoala » Mon Aug 23, 2021 12:42 pm

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

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