Home Office Error In Publication Of Minimum Salaries Within The Immigration Rules

In an update released by the Home Office on 1 August 2019, it was announced that “due to an issue with the source data used, a number of Standard Occupation Classification (SOC) codes have incorrect salary levels”. An addendum was swiftly published which set out the codes affected and clarified the correct salaries to be applied to applications made after 30 March 2019. The amended figures can be seen below.

How might this affect a Tier 2 application?

When obtaining a Tier 2 visa, a migrant must be assigned a Certificate of Sponsorship (“CoS”) by the sponsoring company. The CoS must confirm that the migrant will be paid at or above the appropriate rate for the job. Appendix J of the Immigration Rules sets out the skill level and appropriate salary rates for migrant workers. Therefore, employers wishing to assign a CoS to a Tier 2 applicant must ensure the salary they are currently paying, or the salary they will pay (if it is an initial Tier 2 application) is in line with Appendix J. If it is not at the appropriate level for the role being applied for, the application is likely to be refused.

As can be seen from the figures below, the salary rates to be applied to applications made on or after 30 March 2019 are lower than the figures previously published. This should not therefore adversely affect any applications currently under consideration, as the migrants will in effect already be receiving a higher salary than is required under the amended Appendix J figures. It is worth noting the new salary figures for future applications, however, as these may affect the amount of salary offered to the migrant.

Gherson has extensive experience with all aspects of the Tier 2 category and issues relating to sponsor licences and can offer comprehensive advice to anyone wanting to come to work in the UK. If you have any questions or queries please do not hesitate to contact us.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2019

  Sasha Lal

  Immigration Consultant and Trainee Solicitor in our corporate team

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