Workers and Temporary Workers: sponsor a skilled worker (accessible)

Question 1

About this guidance

Accepted Answer

This document provides information for employers on how to sponsor a worker on the Skilled Worker immigration route.

The Skilled Worker route allows employers to recruit people to work in the UK in a specific job in an eligible skilled occupation. It replaced the Tier 2 (General) route from 1 December 2020.

Glossary

There is a glossary of terms used throughout the sponsor guidance (including this document) at the beginning of Part 1: Apply for a licence.

For a definition of ‘occupation code’, ‘SOC 2020 occupation code’ and ‘SOC 2010 occupation code’, see the glossary in Part 2: Sponsor a worker.

The following additional terms are used in this document:

Regulated activity

When referring to occupation codes 6135 (care workers and home carers) or 6136 (senior care workers) with a working location in England, this means any activity specified in Schedule 1 to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

Skilled Worker

This means a person who is applying for, or has been granted, entry clearance or permission to stay on the Skilled Worker route; or who you are sponsoring, or intend to sponsor, on that route.

Skilled Worker route

The route in Appendix Skilled Worker to the Immigration Rules. Where the context requires, it can also refer to the Tier 2 (General) route in place before 1 December 2020.

Tier 2 (General) Migrant

A person with permission on the Tier 2 (General) route.

Tier 2 (General) route

The route in Part 6A of the Immigration Rules in place before 1 December 2020. This was the main route for skilled workers before the launch of the Skilled Worker route.

You can find previous versions of the Immigration Rules in the Immigration Rules Archive on GOV.UK.

Contacts

If you think this guidance has factual errors or broken links, you can email the Business Helpdesk.

If you have read this guidance, and the guidance referred to above, and you still have any queries, you can call us on 0300 123 4699 or email the Business Helpdesk.

Version number and publication

Below is information on the version number of this guidance and when it was published:

version 10/24
published on 8 October 2024

You can view previous versions of this guidance on the National Archives website.

Changes to this guidance

This version replaces version 04/24 (published on 4 April 2024). The guidance has been updated to reflect changes to the Immigration Rules coming into effect on 8 October 2024, as set out in Statement of Changes HC 217 (published on 10 September 2024), and to make some other minor amendments and clarifications.

Details of the changes are set out below:

SK1.5, SK1.6: paragraphs redrafted and simplified; guidance on the rules for dependants is now contained in the links provided, rather than within this guidance
SK2.9: redrafted to clarify that the requirement for organisations intending to sponsor care workers and senior care workers to provide additional information applies both when first applying for a sponsor licence, and when subsequently assigning a Certificate of Sponsorship (CoS) to, or requesting a CoS for, such workers
SK4.2, SK6.6, SK6.7, SK6.14, sub-heading above SK6.17: the relevant transitional provision has been re-labelled as ‘transitional provision for salary’ to distinguish it from other transitional provisions
SK4.8: minor drafting amendment to the lead-in line and removal of the third bullet point referring to the implementation date of the Care Quality Commission (CQC) requirement, since this is covered by SK4.10 and SK4.12
SK10.1: occupation code ‘6132 Ambulance staff (excluding paramedics)’ has been added to the list of occupations where a worker applying for entry clearance needs an overseas criminal records certificate (this requirement applies to CoS assigned on or after 8 October 2024)
SK13.7: reference to the implementation date of the CQC requirement deleted
other minor housekeeping changes

Question 2

SK1. Sponsoring a Skilled Worker: overview

Accepted Answer

This section provides an overview of the Skilled Worker route and the sponsorship requirements you must meet.

What is the Skilled Worker route?

SK1.1. The Skilled Worker route is the main immigration route for overseas nationals who wish to work in the UK (including UK waters). It allows UK-based employers to recruit overseas workers to fill a wide range of skilled vacancies in the UK.

SK1.2. A Skilled Worker must have a job offer in an eligible skilled occupation from a Home Office-approved sponsor. Eligible jobs are generally those which involve a variety of work activities, which may be complex. They are likely to include considerable responsibility and autonomy, and may include managing others. The job must normally be skilled to level 3 on the Regulated Qualifications Framework (RQF) for England and Northern Ireland, or the equivalent level in Wales or Scotland. This does not mean the worker has to have a level 3 qualification, but the job will involve the application of knowledge and skills at that level.

SK1.3. You can also sponsor eligible healthcare professionals for the Health and Care visa, which is a special subcategory of the Skilled Worker route.

SK1.4. All jobs sponsored on this route must meet the Skilled Worker salary requirements.

SK1.5. Skilled Workers can apply to settle in the UK after 5 years’ continuous lawful residence on this (or another eligible) route.

SK1.6. A Skilled Worker can normally be accompanied or joined by their partner and dependent children if they meet the relevant requirements for dependants. However, care workers and senior care workers are generally no longer allowed to be accompanied or joined by their dependants, unless an exception specified in the Immigration Rules applies. For further information, see:

Who needs to be sponsored on the Skilled Worker route?

SK1.7. You will need to sponsor any overseas national you wish to employ if they are not a ‘settled worker’ or do not otherwise have immigration permission to work for you in the UK. This includes most EU, EEA and Swiss nationals who arrived in the UK after 31 December 2020.

SK1.8. You do not have to sponsor certain categories of worker, including:

Irish citizens
people who have been granted status under the EU Settlement Scheme
people with indefinite leave to enter or remain in the UK (also known as ‘settlement’)

SK1.9. This is not a complete list. For further information on who does, and does not, need sponsorship, see section S1 of Part 2: Sponsor a worker.

What are the sponsorship requirements for the Skilled Worker route?

SK1.10. If you wish to sponsor a Skilled Worker, you must:

hold a valid sponsor licence for the Skilled Worker route
understand the general requirements for sponsoring a worker – see Part 2: Sponsor a worker
satisfy yourself the worker can meet the immigration requirements for this route
only sponsor workers in genuine employment which meets the skill-level and salary requirements of this route
if you wish to sponsor a nurse or midwife before they have achieved full registration with the Nursing and Midwifery Council, understand the registration process and your additional sponsor duties
assign a valid Certificate of Sponsorship (CoS) to the worker you wish to sponsor and pay any relevant CoS fee and Immigration Skills Charge
ensure you understand the difference between a ‘Defined CoS’ and an ‘Undefined’ CoS
keep records for each worker you sponsor, including information on how you recruited the worker – see Appendix D to the sponsor guidance
have eligible Key Personnel in place to manage your licence and assign or apply for CoS – see section L4 of Part 1: Apply for a licence for guidance on Key Personnel
understand and comply with all of your sponsor duties – see Part 3: Sponsor duties and compliance

Question 3

SK2. How to get a Skilled Worker sponsor licence

Accepted Answer

This section tells you about the requirements you must meet to be eligible for a Skilled Worker sponsor licence.

General requirements

SK2.1. If you wish to sponsor a Skilled Worker, you must hold a valid sponsor licence for the Skilled Worker route. If you do not already hold such a licence, you must apply for one by completing the online application form, paying the relevant application fee, and submitting the supporting evidence specified in Appendix A to the sponsor guidance.

SK2.2. Before applying for your licence, you should read:

Part 1: Apply for a licence for detailed information on the general requirements and the application process
this section for guidance specific to the Skilled Worker route

SK2.3. If you already hold a valid licence to sponsor workers, but it does not include the Skilled Worker route, you can apply to add the Skilled Worker route to your existing licence. You may have to pay an additional fee for this. For further information on adding routes to your licence, see section L10 of Part 1: Apply for a licence.

SK2.4. If you already hold a Skilled Worker sponsor licence and it’s due to expire before 6 April 2024, you should apply now to renew it. You do not need to apply to renew your licence if it expires on or after 6 April 2024. See section C5 of Part 3: Sponsor duties and compliance for further information.

Specific requirements for a Skilled Worker licence

SK2.5. In addition to the general requirements for a sponsor licence set out in Part 1: Apply for a licence, to be eligible for a Skilled Worker sponsor licence, you must be able to offer employment that:

meets the skill level and salary requirements for this route
is genuine
does not amount to the hiring of the worker to a third party to undertake an ongoing or routine role
complies with the National Minimum Wage and the Working Time Regulations

Evidence required

SK2.6. Unless you are an organisation listed in Table 1 of Appendix A, you must normally submit with your application:

a minimum of 4 documents (including any documents specified as mandatory for your type of organisation in Table 2 of Appendix A)
additional information about your organisation and the jobs you intend to fill if you are granted a licence, as specified in Appendix A

If you will be sponsoring care workers or senior care workers

SK2.7. If you intend to sponsor any workers under occupation code 6135 (care workers and home carers) or 6136 (senior care workers) with a working location in any part of England, you must:

SK2.8. You must include the following information with your application:

the working location, or locations, of any workers you intend to sponsor under occupation codes 6135 or 6136
details of what regulated activity, or activities, your organisation undertakes
your CQC registration number, which we will check online

SK2.9. If you are granted, or already have, a Skilled Worker sponsor licence, and you intend to sponsor a worker under these occupation codes, you must provide this information when you assign a Certificate of Sponsorship (CoS), apply for a Defined CoS, or request an allocation of Undefined CoS. For further information, see Additional requirements for care workers or senior care workers.

SK2.10. If your sponsored workers will be working under occupation codes 6135 or 6136 in any other part of the UK, you must confirm whether they will be undertaking any regulated or equivalent activities under the legislation of those countries and details of any registration you hold with the relevant regulator:

Care Inspectorate (Scotland)
Care Inspectorate Wales / Arolygiaeth Gofal Cymru
Regulation and Quality Improvement Authority (Northern Ireland)

How to keep your licence

SK2.11. If you are granted a licence, you must comply with all of your sponsor duties. If you do not, we may take action against you, including:

downgrading your licence rating
suspending your licence
revoking your licence
reporting you to the police or other relevant authorities

SK2.12. For details, see Part 3: Sponsor duties and compliance.

Question 4

SK3. Immigration requirements for Skilled Workers

Accepted Answer

This section tells you about the immigration requirements Skilled Workers must meet and where you can find further information.

Overview

SK3.1. People who wish to come to the UK on the Skilled Worker route must meet the requirements in Appendix Skilled Worker to the Immigration Rules.

SK3.2. These requirements include that the applicant (‘worker’):

is aged at least 18 on the date of application
meets the ‘points’ requirement of the route (sponsorship, skill level, salary and English language), as set out below
meets the genuineness requirement
meets the financial requirement
if they were previously an officially sponsored student, has the consent of that sponsor to making the application
if relevant, meets the criminal records certificate requirement
meets the requirements relating to entry to the UK, extension of permission or ‘switching’, as appropriate

SK3.3. This is not the full list of requirements – you must refer to the relevant Immigration Rules for these.

Points requirement

SK3.4. All applicants on the Skilled Worker route must score 70 ‘points’ to be eligible for entry clearance or permission to stay. How the points are awarded is set out in the table below. The worker must score the specified number of points for each row in the table.

Points type	Description	Points available
Sponsorship	You must assign a valid Certificate of Sponsorship to the worker for the job you wish to sponsor them for. The job must: * be a genuine role * meet the rules on working for a third party (if relevant) * comply with the National Minimum Wage and Working Time Regulations	20
Job at an appropriate skill level	The job must be in an eligible occupation and (where relevant) meet the ATAS requirement – see section SK4 for further information.	20
Salary	You must pay the worker at least the applicable general threshold and going rate for the job they are being sponsored for. The applicable threshold depends on a number of factors, as set out in section SK6.	20
English language	The worker must have English language skills at level B1 or higher on the Common European Framework of Reference for language in all 4 components (speaking, listening, reading, writing), as specified in Appendix English Language. For guidance on proving this requirement, see ‘Knowledge of English’ on GOV.UK	10

SK3.5. The worker must also meet a number of non-points-based criteria, such as the genuineness requirement, financial requirement, and (where relevant) the overseas criminal records requirement.

Genuine role requirement

SK3.6. We will not award points for sponsorship if we have reasonable grounds to believe that the job role you are sponsoring the worker for:

does not exist
is a sham; or
has been created mainly so the worker can apply for entry clearance or permission to stay

SK3.7. If you assign a CoS for a role which is not genuine, we will refuse the worker’s application and we may take action against you.

SK3.8. For further information, see ‘Genuine vacancy: definition’ in section C1 of Part 3: Sponsor duties and compliance.

Working for a third party

SK3.9. You must not assign a CoS to a worker for a role which amounts to either:

the hire of the worker to a third party who is not the sponsor to fill a position with that party, whether temporary or permanent; or
contract work to undertake an ongoing routine role or to provide an ongoing routine service for a third party who is not the sponsor, regardless of the nature or length of any arrangement between the sponsor and the third party

SK3.10. If we have reasonable grounds to believe you have done so, we will not award points for sponsorship. If that happens, we will refuse the worker’s application and may take action against you.

SK3.11. For further information, see ‘Working on a contract basis’ in section S1 of Part 2: Sponsor a worker.

Compliance with National Minimum Wage and the Working Time Regulations

SK3.12. The role you are sponsoring the worker for must always comply with the National Minimum Wage Regulations 2015 and the Working Time Regulations 1998. We will refuse any application for entry clearance or permission, and reject any application for a Defined CoS, where we have reasonable grounds to believe it does not. We will also consider revoking your sponsor licence if we find you are breaching these Regulations.

SK3.13. For further information, see ‘Compliance with National Minimum Wage and the Working Time Regulations’ in section S4 of Part 2: Sponsor a worker.

Genuineness requirement

SK3.14. The worker must:

genuinely intend, and be able, to do the role for which they are being sponsored; and
not intend to take employment other than in the role for which they are being sponsored, or as otherwise permitted by their conditions of stay (see section S8 of Part 2: Sponsor a worker for more information on conditions of stay)

Financial requirement

SK3.15. If the worker is applying for entry clearance from outside the UK, or has been in the UK for less than one year at the date of application, they must show they have enough funds to support themselves and any family members in the UK.

SK3.16. If you are an A-rated sponsor, you can certify this requirement is met when you assign a CoS to them (also known as ‘certifying maintenance’). Otherwise, the worker must provide evidence of funds as specified in Appendix Finance to the Immigration Rules.

SK3.17. For further information, see ‘Financial requirement’ in section S7 of Part 2: Sponsor a worker.

Former officially-sponsored students

SK3.18. If the worker has, in the 12 months before the date of application, received an award from a Government or international scholarship agency covering both fees and maintenance, they must provide written consent to their application from that Government or agency. If they do not, we will reject their application as invalid.

Entry requirement

SK3.19. Workers must apply for entry clearance (a visa) to be able to come to the UK on this route. If they arrive in the UK without the relevant visa, they will be refused entry, even if they otherwise meet the requirements.

SK3.20. If the worker you wish to sponsor will be applying for a visa from outside the UK, you must make a successful application for a ‘Defined’ CoS for the role before you can assign it to the worker.

Extension of permission

SK3.21. Workers already in the UK with permission on the Skilled Worker route can apply to extend their stay if they meet the relevant requirements – this could be to continue in the same employment or to change employer or employment. See section S9 of Part 2: Sponsor a worker for further information.

‘Switching’ to the Skilled Worker route

SK3.22. People in the UK on another immigration route can ‘switch’ (change route) to the Skilled Worker route if they meet all the relevant immigration requirements and were not last granted permission:

as a Visitor
as a Student, unless they meet the additional rules for people switching from the Student route (as set out below)
as a Short-term student
as a Parent of a Child Student
as a Seasonal Worker
as a Domestic Worker in a Private Household
outside the Immigration Rules

SK3.23. If a person you wish to sponsor is in the UK on any of the above routes, they will normally need to leave the UK and apply for entry clearance as a Skilled Worker.

Switching from the Student route

SK3.24. If the person you wish to sponsor will be applying for permission to stay (from within the UK) and they have, or last had, permission as a Student (including as a Tier 4 (General) Migrant), they must meet one of the following conditions on the date they make their application to be allowed to switch to the Skilled Worker route:

they must have completed the course of study for which they were being sponsored as a Student
they must be studying a full-time course of study at degree level or above with a higher education provider which has a track record of compliance, and the start date on their CoS must be no earlier than the course completion date
they must be studying a full-time course of study leading to the award of a PhD with a higher education provider which has a track record of compliance, and the start date on their CoS must be no earlier than 24 months after the start date of their PhD

SK3.25. A ‘higher education provider with a track record of compliance’ will be shown on the Register of student sponsors with the type ‘Higher Education Institution (HEI)’ and with the status ‘Student Sponsor – Track Record’.

SK3.26. If you wish to sponsor a worker who has, or last had, permission as a Student, you must carefully check they can meet one of the above conditions before you assign a CoS to them. If they do not meet one of these conditions, they will not be permitted to switch.

Permission to work while a switching application is pending

SK3.27. A person who has made an application to switch to the Skilled Worker route must not start working for you until their application has been granted unless, on the date of application, they already have a type of immigration permission which allows them to do the work in question (for example, if they have permission as a dependant of a Skilled Worker and a right to work check confirms they are not prohibited from doing the work in question).

SK3.28. A person who has permission as a Student may be allowed to work for 10 or 20 hours per week during term-time (depending on the type of course), and unlimited hours outside of term time (with certain restrictions on the type of work they can do). Some Students are not permitted to work at all. For further information on work conditions for Students, see the Student and Child Student guidance.

SK3.29. Students (even those with permission to work) are not normally allowed to fill a full-time permanent vacancy. There is an exception to this for those applying to switch to the Skilled Worker route if all of the following conditions are met:

the Student is, or has been, studying a full-time course of study at degree level or above with a higher education provider with a track record of compliance (see paragraph SK3.25 above for a definition of this term)
the Student has made a valid application for permission to stay as a Skilled Worker before their Student permission has expired
the Skilled Worker application was made no more than 3 months before the course completion date
the CoS start date is no earlier than the course completion date
a decision has not been made on their Skilled Worker application, or where a decision has been made, any administrative review against a refusal of that application has not been finally determined

SK3.30. This means that if you have assigned a CoS to a Student who meets all of the above conditions, they can start working for you in a permanent role as soon as they have made a valid Skilled Worker application, even if this is before the start date on their CoS, as in the example below:

Example

A Student is following a full-time degree course at a higher education provider with a track record of compliance. The course end date is 30 June 2024 and they have permission as a Student until 30 October 2024. You assign a Skilled Worker CoS to the Student on 24 June 2024 with a work start date of 30 September 2024. The Student makes a valid Skilled Worker application on 1 July 2024. A right to work check confirms they can work up to 20 hours per week during term time and full time outside of term time. The Student can therefore start working for you in a full-time permanent role from 1 July 2024.

SK3.31. If a Student applying under this rule makes a valid application while they are still studying, they will be limited to working a maximum of 20 hours per week until they have completed their studies.

SK3.32. You must stop sponsoring the worker if their Skilled Worker application is eventually refused (and any administrative review is finally dismissed), and must not continue to otherwise employ them, unless (despite the refusal) they still have another type of valid immigration permission that allows them to do the work in question.

Period of grant

SK3.33. If the worker makes a successful application for entry clearance or permission to stay as a Skilled Worker, they will be granted permission for:

the period of employment stated on their CoS (you can assign a CoS for a maximum period of 5 years), plus:
any time before the start date on the CoS (an application can be made up to 3 months before the start date)
14 days after the end date on the CoS (or, where the worker is being sponsored under occupation code 2211 as a general practitioner in specialty training, 4 months after the end date on their CoS)

Settlement

SK3.34. Workers who have been continuously and lawfully resident in the UK on the Skilled Worker route (or other eligible route) for 5 years or more may apply to settle in the UK permanently (known as ‘settlement’ or ‘indefinite leave to remain’). For details of the requirements, see paragraphs SW 19.1 to SW 25.2 of Appendix Skilled Worker.

Further information on immigration requirements

SK3.35. You can find more information on the Skilled Worker visa pages on GOV.UK.

SK3.36. You should also refer to sections S7 to S9 of Part 2: Sponsor a worker for further information on immigration requirements, conditions of stay, extension applications and change of employment applications.

Question 5

SK4. Skill level requirement for Skilled Workers

Accepted Answer

This section tells you how to ensure that any jobs you wish to sponsor workers for on the Skilled Worker route are at the appropriate skill level.

SK4.1. All applicants applying on the Skilled Worker route must score 20 points for having a job at the appropriate skill level. To meet this requirement, the worker must:

be sponsored for a job in an eligible SOC 2020 occupation code
if being sponsored under SOC 2020 occupation codes 6135 (care workers and home carers) or 6136 (senior care workers), meet the additional requirements for those occupations
if relevant, meet the Academic Technology Approval Scheme (ATAS) requirement

Eligible occupation code

SK4.2. The job the worker is being sponsored to do must be in an eligible SOC 2020 occupation code (or, where relevant, an eligible job within a SOC 2020 occupation code) listed as eligible for the Skilled Worker route in Appendix Skilled Occupations. SOC 2020 occupation codes have replaced the SOC 2010 occupation codes previously in place. The job must be listed in:

Table 1 of Appendix Skilled Occupations if the worker is claiming points for salary under salary options A to E
Table 2 of Appendix Skilled Occupations if the worker is claiming points for salary under salary options F to J and is being sponsored for a ‘Health and Care ASHE salary job’
Table 2 or Table 2a of Appendix Skilled Occupations if the worker is claiming points for salary under salary options F to J and meets the transitional provision for salary described in section SK6
Table 3 of Appendix Skilled Occupations if the worker is claiming points for salary under salary option K (eligible health or education job)

SK4.3. See section SK6 for further information on these salary points options. If the job is not listed in Tables 1, 2, 2a or 3 of Appendix Skilled Occupations, it is not eligible for sponsorship on the Skilled Worker route.

SK4.4. When you assign a Certificate of Sponsorship (CoS) to a Skilled Worker, you must choose an appropriate and eligible SOC 2020 occupation code for the job from the relevant table of Appendix Skilled Occupations. The University of Warwick has developed a Computer Assisted Structured Coding Tool (CASCOT) which can help you choose the correct SOC 2020 code. There is also guidance in section S3 of Part 2: Sponsor a worker.

SK4.5. We will not award points to a worker (and so will refuse their application) if we have reasonable grounds to believe you have chosen a less appropriate occupation code for any of the following reasons:

the most appropriate occupation code for the job is not eligible for the Skilled Worker route
the most appropriate occupation code for the job has a higher going rate than the salary you intend to pay the worker
the worker is also claiming points under Option D or I for a job in Appendix Immigration Salary List and the most appropriate occupation code is not listed in that Appendix
the worker is claiming points for a relevant PhD (Option B, C, G or H) and the most appropriate occupation code is not listed as “eligible for PhD points” in the relevant table of Appendix Skilled Occupations

SK4.6. When assessing if you have chosen an inappropriate occupation code, we may consider a number of factors, including, but not limited to:

whether you have shown a genuine need for the job as described
whether the worker has the appropriate skills, qualifications and experience needed to do the job as described in the CoS
your history of compliance with the immigration system including, but not limited to, paying your sponsored workers appropriately
any additional information you may provide

SK4.7. If we find you have provided false, misleading or otherwise incorrect information about the skill level of the job on a CoS, we will take compliance action against you.

Additional requirements for care workers and senior care workers

SK4.8. You must hold active registration with the Care Quality Commission (CQC) and be currently undertaking at least one ‘regulated activity’ if both of the following are true:

you wish to sponsor a worker under occupation code 6135 (care workers and home carers) or 6136 (senior care workers)
the job you are sponsoring the worker for has a working location in any part of England

SK4.9. See the glossary for a definition of ‘regulated activity’. There is detailed guidance on the scope of regulated activities on the CQC website.

SK4.10. We will refuse any application for entry clearance or permission submitted on or after 11 March 2024 by a worker you are sponsoring where either:

you do not hold active registration with the CQC when you are required to
we find you are no longer undertaking a regulated activity

SK4.11. We will also reject any application for a Defined CoS or request for Undefined CoS in these roles where the above requirements are not met.

SK4.12. The specific requirement to hold registration with the CQC does not affect a worker’s application for permission if the job is not based in England, or if you are sponsoring a worker who meets all of the following requirements (‘transitional provision’):

SK4.13. However, even if the specific requirement to hold CQC registration does not apply to the worker’s application for entry clearance or permission, you (as the sponsor) must still ensure you are registered with the CQC (or the equivalent body in Scotland, Wales or Northern Ireland) if required. If you do not hold, or stop holding, any required registration, we will revoke your sponsor licence.

Additional information you must include on a CoS for care workers or senior care workers

SK4.14. When you assign a CoS, apply for a Defined CoS, or request any Undefined CoS, under occupation codes 6135 or 6136, you must include the following information in your application or request:

the working location, or locations, of the job the worker is being sponsored for
confirmation of your registration with the CQC

SK4.15. If you are not registered with the CQC, you must provide a reason for this. This could be because:

the job does not have a working location in England
you are continuing to sponsor a worker in a non-regulated activity who meets the transitional provision described in paragraph SK4.12 above

SK4.16. If the job has a working location in Scotland, Wales or Northern Ireland, and you are undertaking regulated (or equivalent) activities in those parts of the UK, you must be registered with the appropriate regulatory body for that part of the UK:

Care Inspectorate (Scotland)
Care Inspectorate Wales / Arolygiaeth Gofal Cymru
Regulation and Quality Improvement Authority (Northern Ireland)

ATAS requirement

SK4.17. When you assign a CoS to a Skilled Worker, you must check and confirm whether the worker needs to apply for an Academic Approval Technology Scheme (ATAS) certificate from the Foreign, Commonwealth and Development Office before they can start (or continue) working for you.

SK4.18. A Skilled Worker will need an ATAS certificate if all of the following are true:

See Annex S1 of Part 2: Sponsor a worker for a definition of the terms ‘exempt national’, ‘relevant occupation code’ and ‘relevant subject area’.

SK4.19. If the worker needs an ATAS certificate, you should encourage them to apply for one as soon as possible, as they will need to include a copy of the certificate with their application for entry clearance or permission to stay. If they fail to do so, we will refuse their application and you may lose your sponsor licence (or licences).

SK4.20. For further information on the ATAS requirement, and your responsibilities in relation to it, see under ‘ATAS requirement’ in section S7 of Part 2: Sponsor a worker.

Question 6

SK5. Salary requirements for Skilled Workers

Accepted Answer

This section provides an overview of the salary requirements you must meet to sponsor a person on the Skilled Worker route and how we will check that you are complying with these requirements. You must also read sections SK6 to SK8 of this guidance.

Overview

SK5.1. You must ensure any worker you sponsor on the Skilled Worker route is paid in line with the salary rates set out in the Immigration Rules and in this guidance. The relevant Immigration Rules are contained in paragraphs SW 4.2 to SW 4.4 and SW 14.1 to SW 14.5 of Appendix Skilled Worker. The going rates, where applicable, are set out in Tables 1 to 5 of Appendix Skilled Occupations.

SK5.2. These rates have been set to make sure the resident labour market is not undercut. They are reviewed and updated regularly to reflect the latest available salary data.

SK5.3. If the amount you will pay the worker is below these rates, we will refuse their application for entry clearance or permission to stay.

SK5.4. If we grant permission to a sponsored worker, but later find that you stop paying, or have never paid, them in line with these rates, we will take action against you – this could include revoking your sponsor licence.

SK5.5. In addition to compliance visits, we will undertake regular checks with HMRC to ensure you are paying at least the salary you stated on the sponsored worker’s Certificate of Sponsorship (CoS), in any sponsor note you have added to the CoS, or in any other notification of a change in salary.

How much do you have to pay a Skilled Worker?

SK5.6. The minimum salary you must pay the worker depends on a number of factors, including:

the job you wish to sponsor them for
whether they were previously granted under the Immigration Rules in force before 4 April 2024
whether the worker has additional ‘attributes’, such as a relevant PhD or the job being on the Immigration Salary List

SK5.7. Unless a transitional arrangement or other exception applies, the salary you pay to the worker must meet or exceed both of the following:

the applicable general salary threshold
the applicable going rate for the occupation

SK5.8. If the going rate for the occupation is higher than the general salary threshold, you must pay the worker at least the going rate. If the going rate is lower than the general salary threshold, you must pay the worker at least the general salary threshold.

SK5.9. These rates are reviewed and updated regularly. If any of these rates are increased, this does not affect Skilled Workers you are already sponsoring for the duration of their current permission. Depending on the specific transitional arrangements, updated rates will apply either to any application for entry clearance or permission to stay made, or to any CoS assigned, on or after the date the change comes into effect, and will affect both new recruits and existing workers applying to extend their stay or settle.

General salary threshold

SK5.10. The applicable general salary threshold depends on which option the worker you are sponsoring is claiming points under and can be any of £38,700, £34,830, £30,960, £29,000, £26,100, or £23,200 per year. See section SK6 for further information.

SK5.11. The general salary threshold is calculated based on actual gross earnings, up to a maximum of 48 hours per week. See Calculation of general salary threshold (section SK7) for further information.

SK5.12. We will not grant permission to a worker if they will be paid less than the applicable general salary threshold. The only exception is where the worker is a pre-registration nurse or midwife working towards registration with the Nursing and Midwifery Council, where they can temporarily be paid less than the applicable general threshold. See section SK9 for further information.

Going rate

SK5.13. For each eligible occupation code listed in Tables 1, 2, 2a and 3 of Appendix Skilled Occupations, there is a ‘going rate’. The applicable going rate depends on the option the worker is claiming points for. The salary you pay to the worker must meet or exceed the applicable going rate. In some cases, you can pay 70, 80 or 90 per cent of the going rate if the worker scores points for attributes such as having a relevant PhD or being a new entrant.

SK5.14. The going rate is calculated and pro-rated based on the number of hours the worker will actually work. See Calculation of going rate (section SK7) for further information.

PAYE reference numbers

SK5.15. When you assign a CoS to a Skilled Worker, you must tell us the Pay As You Earn (PAYE) scheme reference number through which the worker will pay tax and national insurance. We will use this information to check with HMRC that you are paying the worker the amount you said you would. If you are not required to operate PAYE on the worker’s earnings, you must tell us why on the CoS.

SK5.16. Before you assign any CoS, we recommend you first add any PAYE scheme reference numbers for your sponsored workers to your licence, using the ‘PAYE References’ tab in your sponsorship management system (SMS) account. You will then be able to select the relevant PAYE scheme when you assign a CoS to a sponsored worker.

SK5.17. If the PAYE scheme through which the worker pays tax and national insurance changes, you do not need to report this to us in relation to the individual worker. You must, however, ensure that the new PAYE scheme is listed in your SMS account.

SK5.18. For further information on managing PAYE reference numbers, see Guide 9 in SMS Manual 2: manage your sponsorship licence.

Question 7

SK6. Points for salary (Skilled Worker salary thresholds)

Accepted Answer

This section tells you how a worker you are sponsoring can score points for salary and meet the Skilled Worker salary requirement.

This section applies to Certificates of Sponsorship (CoS) assigned to workers on or after 4 April 2024. If you validly assigned a CoS to a worker before that date, and the worker uses it in an application for entry clearance or permission within 3 months, their application will be considered with reference to the salary thresholds under the Immigration Rules in force before 4 April 2024. For information on previous salary thresholds, see Annex SK1.

Overview

SK6.1. All applicants on the Skilled Worker route must score 20 ‘points’ for salary, based on the salary you enter on their Certificate of Sponsorship (CoS).

SK6.2. There are various ways a worker can score points for salary. These are labelled as Options A to K in the Immigration Rules and in this guidance. These options also show the minimum amount you must pay the worker in the specified circumstances.

SK6.3. A worker can only score points under one option. There is guidance on how to choose the correct option below.

SK6.4. You must also read section SK7 for guidance on how salaries are calculated to account for different working patterns.

How to choose the correct points option

SK6.5. Option K is the only relevant option if you are sponsoring the worker in a health or education occupation listed in Table 3 of Appendix Skilled Occupations.

SK6.6. Options F to J are the relevant options in either of the following circumstances:

you are sponsoring the worker for a Health and Care visa in a specified occupation code (also known as a ‘Health and Care ASHE salary job’)
the worker was previously granted as a Skilled Worker under the Immigration Rules in place before 4 April 2024 and has had continuous permission as a Skilled Worker since then (‘transitional provision for salary’)

SK6.7. In all other cases, the worker can only score points under Options A to E. These options will therefore apply if the worker:

has not previously had (or did not last have) permission as a Skilled Worker, or does not meet the transitional provision for salary referred to above
is not being sponsored for a Health and Care visa or in an eligible health or education occupation

Options A to E: general (salaries based on median earnings)

SK6.8. The table below shows the salary thresholds for Options A to E. You must also read the information below on the eligibility criteria for these options.

Option	Description	Requirements
A	Salary only (no discounts)	Salary must meet or exceed all of: * £38,700 (general threshold) * the full going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations * £15.88 per hour
B	Relevant PhD (10% discount on general threshold and going rate)	Salary must meet or exceed all of: * £34,830 (general threshold) * 90% of the going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations * £15.88 per hour
C	Relevant PhD in a STEM subject (20% discount on general threshold and going rate)	Salary must meet or exceed all of: * £30,960 (general threshold) * 80% of the going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations * £15.88 per hour
D	Job in Appendix Immigration Salary List (20% discount on general threshold only)	Salary must meet or exceed all of: * £30,960 (general threshold) * the full going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations * £15.88 per hour
E	New entrant (20% discount on general threshold and 30% discount on going rate)	Salary must meet or exceed all of: * £30,960 (general threshold) * 70% of the going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations * £15.88 per hour

SK6.9. A worker can only claim points under these options if the job is in an eligible occupation code (or, where relevant, is an eligible job within an occupation code) listed in Table 1 of Appendix Skilled Occupations.

SK6.10. The salary you pay to the worker must normally meet or exceed £38,700 per year (the general threshold) and the specified full going rate for the job, but ‘discounts’ are available under Options B to E.

SK6.11. The going rates for these occupations are based on median earnings according to the latest Annual Survey of Hours and Earnings (ASHE) data. Where the going rate (or percentage of going rate under Options B, C or E) works out as less than £15.88 per hour, £15.88 per hour will be the applicable going rate.

SK6.12. There are additional requirements that must be met if the worker is claiming points under any of Options B to E.

Options F to J: specified Health and Care occupations and transitional provision

SK6.13. The table below shows the salary thresholds for Options F to J. You must also read the information below on the eligibility criteria for these options.

Option	Description	Requirements
F	Salary only (no discounts)	Salary must meet or exceed all of: * £29,000 (general threshold) * the full going rate for the occupation code as stated in Table 2 or 2a of Appendix Skilled Occupations * £11.90 per hour
G	Relevant PhD (10% discount on general threshold and going rate)	Salary must meet or exceed all of: * £26,100 (general threshold) * 90% of the going rate for the occupation code as stated in Table 2 or 2a of Appendix Skilled Occupations * £11.90 per hour
H	Relevant PhD in a STEM subject (20% salary on general threshold and going rate)	Salary must meet or exceed all of: * £23,200 (general threshold) * 80% of the going rate for the occupation code as stated in Table 2 or 2a of Appendix Skilled Occupations * £11.90 per hour
I	Job in Appendix Immigration Salary List (20% discount on general threshold only)	Salary must meet or exceed all of: * £23,200 (general threshold) * the full going rate for the occupation code as stated in Table 2 of Appendix Skilled Occupations * 11.90 per hour
J	New entrant (20% discount on general threshold and 30% discount on going rate)	Salary must meet or exceed all of: * £23,200 (general threshold) * 70% of the going rate for the occupation code as stated in Table 2 or 2a of Appendix Skilled Occupations * £11.90 per hour

SK6.14. A worker can only claim points under options F to J if the job is in an eligible occupation code (or is an eligible job within an occupation code) listed in Table 2 or Table 2a of Appendix Skilled Occupations and either:

you are sponsoring them for a ‘Health and Care ASHE salary job’
they qualify under the transitional provision for salary described below

Health and Care ASHE salary job

SK6.15. A Health and Care ASHE salary job is where you are sponsoring a worker for a Health and Care visa in one of the following occupation codes listed in Table 2 of Appendix Skilled Occupations:

1171 Health services and public health managers and directors
1231 Health care practice managers
1232 Residential, day and domiciliary care managers and proprietors
2113 Biochemists and biomedical scientists
2114 Physical scientists
3111 Laboratory technicians
3211 Dispensing opticians
3212 Pharmaceutical technicians
6135 Care workers and home carers
6136 Senior care workers

SK6.16. These are health and care occupations that are not eligible for points under Option K. The worker must fully meet the eligibility criteria for a Health and Care visa to be eligible for points under options F to J. The relevant going rates are specified in Table 2 of Appendix Skilled Occupations.

Transitional provision for salary

SK6.17. This transitional provision applies to applications where the worker you are sponsoring meets all of the following requirements:

they were granted permission as a Skilled Worker under the Immigration Rules in force before 4 April 2024
they have had continuous permission as a Skilled Worker since then (continuous permission may include periods without permission that were disregarded under paragraph 39E of the Immigration Rules)
they are being sponsored for a job in an eligible occupation listed in Table 2 or 2a of Appendix Skilled Occupations
if being sponsored for a job in Table 2a, they were sponsored by you in their most recent grant of permission and you are continuing to sponsor them

SK6.18. This transitional provision applies to applications for permission made before 4 April 2030, after which it will end.

SK6.19. Table 2a lists those occupations which are no longer generally eligible for the Skilled Worker route, except where the worker qualifies under this transitional provision. A worker cannot claim points for a job in Table 2a if they are applying to work for a different sponsor to the one in their last grant of permission. Occupations in Table 2a are not eligible for points under Option I (job in Appendix Immigration Salary List).

SK6.20. Where the worker is being sponsored for a job in Table 2, they can qualify under this transitional provision if they are applying to work for a new sponsor or staying with the same sponsor as in their previous permission. These occupations may also be eligible for points under Option I.

Salary requirements under Options F to J

SK6.21. The salary you pay to the worker must normally meet or exceed £29,000 per year (the general threshold) and the full going rate for the job specified in Table 2 or 2a, but ‘discounts’ are available under Options G to J.

SK6.22. The going rates in Tables 2 and 2a are based on the 25th percentile of earnings according to the latest ASHE data. Where the going rate (or percentage of going rate under Options G, H or J) works out as less than £11.90 per hour, £11.90 per hour will be the applicable going rate in all cases.

SK6.23. There is a transitional arrangement for going rates for workers originally granted under the predecessor Tier 2 (General) route in specified occupations.

SK6.24. There are additional requirements that must be met if the worker is claiming points under any of Options G to J.

Option K: health and education occupations based on national pay scales

SK6.25. The table below shows the salary requirements for Option K. You must also read the information below on the eligibility criteria for this option.

Option	Description	Requirements
K	Eligible health or education occupation code	Salary must meet or exceed both: * £23,200 (general threshold) * the full going rate for the occupation code as stated in Table 3, 4 or 5 of Appendix Skilled Occupations

SK6.26. A worker can only claim points under Option K if you are sponsoring them in an occupation code (or in an eligible job within an occupation code) listed in Table 3 of Appendix Skilled Occupations. These are health and education occupations with going rates based on national pay scales.

SK6.27. You may temporarily pay a pre-registration nurse or midwife less than £23,200 per year while they are working towards registration with the Nursing and Midwifery Council. See section SK9 for details of this concession.

Additional requirements for options B to E or G to J

SK6.28. The subsections below set out additional requirements a worker must meet to score points under Options B to E or G to J. These are in addition to the eligibility and salary requirements stated for the relevant option above.

Options B and G (relevant PhD) or C and H (PhD in a STEM subject)

SK6.29. A worker can only score points under these options if the job is specified as “eligible for PhD points” in the relevant table of Appendix Skilled Occupations:

Table 1 if claiming points under Option B or C
Table 2 or 2a if claiming points under Option G or H

SK6.30. The worker must have either:

a relevant UK PhD or other academic doctoral qualification
an overseas academic qualification which Ecctis confirms meets the recognised standard of a UK PhD

SK6.31. Where the worker is claiming points under Option C or H, the PhD must additionally be in a Science, Technology, Engineering or Mathematics (STEM) subject.

SK6.32. When you assign a CoS to a worker claiming points under any of these options, you must give a credible explanation of how their qualification is relevant to the job you are sponsoring them for. If the worker is claiming points under Option C or H, you must also give a credible explanation of how the qualification is in a STEM subject.

SK6.33. If you fail to provide this information, we will not award the points and will refuse the worker’s application. You must provide this information in any subsequent CoS you assign to the worker if they are claiming points under any of these options.

SK6.34. The worker must provide evidence of the relevant qualification when they first apply for entry clearance or permission as a Skilled Worker. They do not have to provide this evidence in any subsequent application, provided they were correctly awarded points in a previous grant of permission.

Options D and I: Job in Appendix Immigration Salary List

SK6.35. A worker can only score points under these options if the job you are sponsoring them for is in an eligible occupation code (or, where relevant, is an eligible job within an occupation code) listed in Appendix Immigration Salary List for the nation of the UK where that job is based.

SK6.36. If the job was removed from Appendix Immigration Salary List on or before the date you assigned a CoS to the worker, all of the following conditions must be met to score points under these options:

the worker’s most recent permission was as a Skilled Worker
in that grant of permission, they were sponsored for a job in Appendix Immigration Salary List (or the previous Appendix Shortage Occupation List) under the Immigration Rules in force at the time
you were the sponsor in that grant of permission and are continuing to sponsor them

SK6.37. Jobs listed in Table 2a of Appendix Skilled Occupations are not eligible for points under these options.

Options E and J: worker is a new entrant to the labour market

SK6.38. To be eligible for points under Options E or J as a new entrant to the labour market, the worker must meet one of the following requirements:

be under the age of 26 on the date they apply for entry clearance or permission to stay
be sponsored for a postdoctoral position in any of the following occupation codes:
- 2111 Chemical scientists
- 2112 Biological scientists
- 2113 Biochemists and biomedical scientists
- 2114 Physical scientists
- 2115 Social and humanities scientists
- 2119 Natural and social science professionals not elsewhere classified
- 2162 Other researchers, unspecified discipline
- 2311 Higher education teaching professionals
be sponsored for a job in a UK Regulated Profession and be working towards a recognised professional qualification for that profession
be sponsored for a job where they are working towards full registration or chartered status with the relevant professional body for that job
their most recent permission (disregarding any permission as a Visitor) was as a Graduate – if that permission has expired, it must have expired less than 2 years before the date of application
their most recent permission (disregarding any permission as a Visitor) was as a Student and they meet the additional requirements for Students set out below

Additional requirements for Students

SK6.39. Where the worker is claiming points as a new entrant on the basis that their most recent permission (disregarding any permission as a Visitor) was a Student, all of the following requirements must be met:

if their Student permission has expired, it must have expired less than 2 years before the date of application
during that period of permission (or any other period of permission as a Student), they must have been sponsored to study one of the following courses (equivalent-level courses are not acceptable):
- a UK bachelor’s degree
- a UK master’s degree
- a UK PhD or other doctoral qualification
- a Postgraduate Certificate in Education
- a Professional Graduate Diploma of Education
they must have completed the course mentioned above or one of the following must be true:
- they are applying for permission no more than 3 months before the end of the relevant course
- if they are studying for a UK PhD, they must have completed at least 12 months of that PhD in the UK

Maximum period a worker can be sponsored as a new entrant

SK6.40. The worker will not be eligible for points as a new entrant if granting their application would mean their combined period of permission as a Skilled Worker, Tier 2 Migrant or Graduate would exceed 4 years in total. This applies whether or not the 4-year period is continuous. You should therefore check with the worker how long they have had permission on these routes before you sponsor them as a new entrant.

Transitional arrangement for going rates in specified occupations

SK6.41. This transitional arrangement applies if the worker is claiming points under Options F to J and meets both of the following conditions:

they were sponsored to work in one of the SOC 2010 occupation codes in the table below when they last applied for permission as a Tier 2 (General) Migrant
they have continued to be sponsored since that time (either as a Tier 2 (General) Migrant or a Skilled Worker) in that same SOC 2010 occupation code or an equivalent SOC 2020 occupation code in the table below

SK6.42. Where this transitional arrangement applies, the going rates in the table below apply, instead of the going rates in Table 2 of Appendix Skilled Occupations.

SK6.43. These going rates are based on a 40-hour working week and must be pro-rated for other working patterns, based on the weekly working hours stated by you on the worker’s CoS. All other salary requirements set out in this guidance continue to apply.

SK6.44. This transitional arrangement applies to applications submitted before 1 December 2026, after which it will end.

SOC 2010 occupation code	Equivalent SOC 2020 occupation code	Going rate: Option F	90% of going rate: Option G	80% of going rate: Options H and I	70% of going rate: Option J
2113 Physical scientists	2114 Physical scientists	£29,000 (£13.94 per hour)	£26,100 (£12.55 per hour)	£24,750 (£11.90 per hour)	£24,750 (£11.90 per hour)
2119 Natural and social science professionals not elsewhere classified	2119 Natural and social science professionals not elsewhere classified 2162 Other researchers, unspecified discipline	£29,000 (£13.94 per hour)	£26,100 (£12.55 per hour)	£24,750 (£11.90 per hour)	£24,750 (£11.90 per hour)
2311 Higher education teaching professionals	2162 Other researchers, unspecified discipline 2311 Higher education teaching professionals 2322 Education managers	£33,000 (£15.87 per hour)	£29,700 (£14.28 per hour)	£26,400 (£12.69 per hour)	£24,750 (£11.90 per hour)

Question 8

SK7. Calculation of salary: allowances and pro-rating

Accepted Answer

This section provides information on how we calculate whether a salary meets the Skilled Worker requirements, including the rules on allowances and pro-rating.

SK7.1. You must ensure you understand the rules on calculation of salary (including allowances and pro-rating). These apply to all salary points options in section SK6, unless otherwise stated.

Allowances

SK7.2. Subject to the transitional provision below, we will only take into account guaranteed basic gross pay (before income tax and including employee pension and national insurance contributions, and other guaranteed payments which are treated exactly the same as basic gross pay for tax, pension and national insurance purposes). We will not take into account other allowances, pay or benefits (even if they are guaranteed), such as any of the following:

pay which cannot be guaranteed because the nature of the job means that hours fluctuate
additional pay such as shift allowance, or overtime or bonus pay, whether or not it is guaranteed
employer pension and employer national insurance contributions
any allowances, such as accommodation or cost of living allowances
in-kind benefits, such as equity shares, health insurance, school or university fees, company cars or food
one-off payments, such as ‘golden hellos’
any payments relating to immigration costs, such as the application fee or Immigration Health Charge
payments to cover business expenses, including (but not limited to) travel to and from the worker’s home country, equipment, clothing, travel or subsistence

SK7.3. When you enter the worker’s gross salary on their Certificate of Sponsorship (CoS), you must not include any allowances, such as those listed above, in the figure. If we find you have done so, and a transitional provision does not apply, we may revoke your licence.

Transitional provision for allowances

SK7.4. If the worker is in the UK and is applying for permission to stay (or settlement), you may include guaranteed allowances in the salary figure entered on the worker’s CoS if all of the following conditions are met:

the worker was previously granted permission as a Tier 2 (General) Migrant and has had continuous permission as a Skilled Worker or Tier 2 (General) Migrant ever since
you sponsored the application which led to the worker’s last grant of permission and you are continuing to sponsor the worker; and
the allowances are guaranteed, will be paid for the duration of the worker’s permission, and would be paid to a local settled worker in similar circumstances, such as London weighting

SK7.5. The other restrictions outlined in this section (including on other allowances and pro-rating) still apply. The application for permission to stay (or settlement) must be made before 1 December 2026, after which this transitional provision will end.

Workers being sponsored for less than a year

SK7.6. The general salary thresholds and going rates listed in section SK6 refer to annual salaries. If the worker will be working in the UK for less than 12 months, we will pro-rate their gross actual earnings, as recorded on their CoS, to the equivalent annual figure to determine if they meet the salary requirements. For example, if the worker is assigned a CoS for 6 months, and their gross pay will be £3,250 per month, this would equate to a gross annual salary of £39,000.

Calculation of general salary threshold

SK7.7. To determine if the applicable general salary threshold is met, we will only take into account salary for up to a maximum of 48 hours per week, even if the worker works for longer than this. For example, a person who works 60 hours a week for £12.50 per hour will be considered to have a salary of £31,200 (12.5 × 48 × 52) and not £39,000 (12.5 × 60 × 52).

SK7.8. If the worker will be working part-time, we will only consider their actual gross earnings to determine if they are being paid at least the general salary threshold – we will not pro-rate their salary to the equivalent full-time earnings. For example, if the worker works 20 hours per week for £19 per hour, their annual salary will be £19,760 (20 × 19 × 52) and they will not meet any of the applicable general thresholds.

Calculation of going rate

SK7.9. When assessing whether the worker is being paid the applicable going rate, we will take into account their full weekly working hours, as stated on their CoS, and pro-rate accordingly. This applies even if the worker works more than 48 hours per week. The calculation we use for the going rate depends on which table of Appendix Skilled Occupations the occupation code is listed in.

Occupation code in Table 1, 2 or 2a

SK7.10. Going rates for occupation codes listed in Tables 1, 2 or 2a of Appendix Skilled Occupations are based on a 37.5-hour week. Where the worker is required to be paid the full going rate (Options A, D, F or I), the following calculation will be used:

(The going rate for the occupation code stated in the relevant table of Appendix Skilled Occupations) multiplied by (the number of weekly working hours stated by you on the worker’s CoS) divided by 37.5

SK7.11. This means, for example:

a worker who works 60 hours a week in an occupation code in Table 1 with a full going rate of £39,000 must be paid at least £62,400 (£39,000 × 60 ÷ 37.5) per year to meet the going rate requirement
a worker who works 30 hours per week in an occupation code in Table 1 with a full going rate of £49,000 must be paid at least £39,200 (£49,000 × 30 ÷ 37.5) per year to meet the going rate requirement

SK7.12. If the worker’s salary is required to be at least 70%, 80% or 90% of the going rate, the figure from the calculation above will be multiplied by 0.7, 0.8 or 0.9, as appropriate, to calculate the required salary under the applicable going rate requirement.

Occupation code in Table 3

SK7.13. If the worker is being sponsored for a job in one of the health or education occupation codes listed in Table 3 of Appendix Skilled Occupations, they must be paid the full going rate. This will be pro-rated according to the number of weekly working hours stated by you on the CoS and the rules set out in Tables 3, 4 and 5 of Appendix Skilled Occupations.

Calculation of salary: irregular working patterns

SK7.14. The following rules apply where the worker’s working hours vary each week, resulting in uneven pay:

work in excess of 48 hours in some weeks can be considered towards the general salary threshold, provided the average over a regular cycle (which can be no more than 17 weeks) is not more than 48 hours a week
any unpaid rest weeks will count towards the average when considering whether the salary thresholds are met
any unpaid rest weeks will not count as absences from employment

SK7.15. For example, a worker who works a pattern of 60 hours a week for £12 per hour for two weeks, followed by an unpaid rest week, will be considered to work 40 hours a week on average and have a salary of £24,960 (£12 × 40 × 52) per year. This would not be eligible for points under any of Options A to G but may be eligible under one of Options H to K if the worker meets the relevant requirements for that option.

Question 9

SK8. Unpaid leave and salary reductions

Accepted Answer

This section tells you about your responsibilities if a sponsored worker is absent from work without pay (or on reduced pay) or their salary is otherwise reduced.

Absence without pay or on reduced pay

SK8.1. You must normally stop sponsoring a worker if they are absent from work without pay, or absent on reduced pay, for more than 4 weeks in total according to their normal working pattern, during any calendar year (1 January to 31 December), unless the absences are due to any of the following:

statutory maternity, paternity, parental, shared parental or adoption leave
sick leave
assisting with a national or international humanitarian or environmental crisis, with your agreement
taking part in legally organised industrial action
jury service
attending court as a witness

See ‘Absence without pay or on reduced pay’ section S4 of Part 2: Sponsor a worker for more information.

Salary otherwise reduced

SK8.2. You can temporarily reduce the salary of a Skilled Worker or Tier 2 (General) Migrant you are currently sponsoring if the reduction coincides with one of the absences listed above – for example, if you are paying them a reduced salary, or they are receiving statutory payments only, while they are on parental leave or sick leave.

SK8.3. If you wish to reduce the salary of a Skilled Worker or Tier 2 (General) Migrant in any other circumstances (either on a temporary or permanent basis), you must first check if you will need to assign them a new CoS, and if the worker will need to make a new application for entry clearance or permission to stay, before you can reduce their salary.

Permitted salary reductions

SK8.4. You do not need to assign a new CoS, and the worker does not need to make a new application, if you reduce the worker’s salary and any of the following are true:

the worker has permission as a Skilled Worker and, following the reduction in salary, they would score 20 points under the same salary points option which led to their current grant of permission – for example:
- if their current permission is based on points scored under Option B in this version of the guidance, their revised salary must continue to meet all of the requirements under that same option
- if their current permission is based on points scored under the version of Option B in force immediately before 4 April 2024, their revised salary must continue to meet the requirements under that option – see Annex SK1 for information on previous salary thresholds
the worker has permission as a Skilled Worker or Tier 2 (General) Migrant, they met the salary requirement under a transitional arrangement in force at that time and, following the reduction in salary, they would continue to meet the requirements of that transitional arrangement if it were still in force – see archived versions of this guidance for information on previous transitional arrangements
the worker has permission as a Tier 2 (General) Migrant, and their revised salary would be eligible for 20 points under Option A, Option F or Option K of this guidance if they were required to make an application on the Skilled Worker route
the worker has permission as a Tier 2 (General) Migrant, was considered to be a new entrant when they were granted that permission, and they would be eligible for 20 points under either Option E or Option J of this guidance if they were required to make an application on the Skilled Worker route
the reduction coincides with a temporary reduction in the worker’s hours, or a phased return to work, for individual health reasons, provided both of the following are true:
- this is supported by an occupational health assessment
- the reduction does not result in the hourly rate falling below any hourly rate requirement which applied when the worker obtained their most recent grant of permission

SK8.5. Although the worker does not need new permission in the above circumstances, you must still let us know, within 10 working days of the change, via your sponsorship management system (SMS) account that you have reduced their salary, and tell us what that salary is.

Prohibited salary reductions

SK8.6. If you reduce the worker’s salary, and none of the exceptions outlined in this section apply, you cannot simply continue to sponsor the worker. If the revised salary is eligible for points on the Skilled Worker route, you must assign the worker a new CoS, and the worker must make a successful application for entry clearance or permission to stay before you can start to pay them at the reduced rate.

Example

If the worker scored 20 points under Option F of this guidance when they were last granted permission, and they obtain a relevant PhD while they are working for you, you cannot simply reduce their salary to the levels stated in Option G. You must assign a new CoS, and the worker must make a successful application (scoring 20 points under Option G) before you can start to pay them a reduced salary.

SK8.7. If the revised salary you intend to pay the worker would not meet the salary requirements for the Skilled Worker route, as set out in the Immigration Rules and in this guidance, you must stop sponsoring them and tell us you have done so via your SMS account.

SK8.8. Remember, we will make regular checks with HMRC to ensure you are paying the worker appropriately. If we find you are paying the worker less than you said you would, and the amount would not be eligible for points under the same salary points option which led to their current grant of permission, or the change is not otherwise permitted by the Immigration Rules or this guidance, we will revoke your licence.

Question 10

SK9. Pre-registration nurses and midwives

Accepted Answer

This section tells you about the specific requirements you must meet, and your additional sponsorship duties, if you wish to sponsor a pre-registration nurse or midwife on the Skilled Worker route.

Overview

SK9.1. This section applies if you wish to sponsor a worker in one of the nursing or midwifery occupation codes listed in paragraph SK9.2 below and either:

they are working towards completing registration with the Nursing and Midwifery Council (NMC)
they were previously registered with the NMC and need to complete a programme approved by the NMC before they can return to practice

SK9.2. The relevant nursing or midwifery occupation codes referred to in paragraph SK9.1 are:

2231 Midwifery nurses
2232 Community nurses
2233 Specialist nurses
2234 Nurse practitioners
2235 Mental health nurses
2236 Children’s nurses
2237 Other nursing professionals

SK9.3. For convenience, workers sponsored under these provisions are referred to in this guidance as ‘pre-registration nurses or midwives’.

SK9.4. The rest of this section contains guidance on:

how long a pre-registration nurse or midwife has to achieve NMC registration
how much you have to pay a pre-registration nurse or midwife
the registration process for overseas-trained nurses and midwives
your sponsor duties when the nurse or midwife has completed registration

How long the worker has to achieve NMC registration

SK9.5. Pre-registration nurses and midwives being sponsored on the Skilled Worker route must complete NMC registration within 8 months of either:

the start date on their Certificate of Sponsorship (CoS) (if this is their first application for permission on the Skilled Worker route as a pre-registration nurse or midwife)
the start date of their previous employment (if they are applying for an extension to continue working as a pre-registration nurse or midwife)

SK9.6. It is your responsibility to ensure the worker completes the appropriate steps to achieve registration within this time limit. If the worker fails to achieve NMC registration within 8 months of either of the above dates, you must stop sponsoring them as a nurse or midwife. You must not sponsor a worker as a nurse or midwife if they have previously been sponsored by a different sponsor and have failed to achieve full NMC registration within the 8-month period specified above.

How much you have to pay a pre-registration nurse or midwife

SK9.7. Workers sponsored under the nursing or midwifery occupation codes specified in paragraph SK9.2 must normally be paid in line with the rates under salary points option K. However, you may temporarily (for up to 8 months) pay a pre-registration nurse or midwife less than the specified general threshold of £23,200 while they are completing NMC registration, provided the conditions in paragraph SK9.8 or SK9.9 below are met, and their salary meets the requirements of paragraph SK9.10.

SK9.8. Where the worker is working towards NMC registration for the first time, they must meet both of the following conditions to be eligible:

the worker must have passed the NMC’s English language requirements and Computer Based Test of competence before the date of application
the worker must intend to sit an Objective Structured Clinical Examination (OSCE) to obtain NMC registration no later than 3 months after the job start date recorded on their CoS

SK9.9. Where the worker has previously been registered with the NMC, they must either meet the above conditions or be undertaking a programme approved by the NMC with a view to returning to practice as a nurse or midwife.

SK9.10. During this 8-month period, or until the worker achieves NMC registration (if sooner), the worker’s salary must be at least equal to the appropriate NHS Agenda for Change Band 3 rate, as stated in Table 4 of Appendix Skilled Occupations.

SK9.11. When you assign a CoS to a pre-registration nurse or midwife, you must confirm that:

they meet the relevant conditions outlined above
you will stop sponsoring them as a nurse or midwife if they do not achieve full NMC registration within the 8-month period referred to above.

SK9.12. Once the worker completes registration, you must pay them in line with rates stated under salary points option K.

Registration process for overseas trained nurses and midwives

SK9.13. The table below summarises the steps a nurse or midwife trained outside the EEA or Switzerland must complete to demonstrate that they are capable of safe and effective practice as a nurse or midwife in the UK. You must ensure that the individual completes these steps within the 8-month period outlined above if you wish to sponsor, or continue sponsoring, them. You should note this process is subject to change and you must also refer to the ‘Trained outside the UK’ page on the NMC website for up-to-date details.

SK9.14. The registration process may be different for nurses or midwives trained within the EEA or Switzerland, or who are returning to practice. See ‘Register as a nurse or midwife’ on the NMC website for details.

Requirement	Details
Qualification	The candidate must have completed a nursing or midwifery training programme leading to registration in their home country as an entry-level registered nurse or midwife. Unless that qualification has been deemed comparable to the NMC’s standards of proficiency, they will also need to complete a 2-part test of competence: * Part 1 is a multiple-choice computer-based test (CBT) administered on behalf of the NMC by a third party and can be taken in a test centre in most countries around the world * Part 2 is a practical nursing or midwifery examination known as the objective-structured clinical examination (OSCE). The OSCE is only available at NMC-approved OSCE test centres in the UK
Health and character requirements	The candidate will need to meet the health and character requirements for safe and effective practice – see Character and health decision-making guidance on the NMC website for details.
Language requirement	The candidate must demonstrate they have the necessary knowledge of the English language for safe and effective practice as a nurse or midwife in the UK. See the English language requirements page on the NMC website for details.
Professional indemnity	The candidate will need to confirm that there is in force, or will be in force, cover for them under an appropriate indemnity arrangement.
Payment	Payment of the evaluation fees and the registration fee.

Recognition of overseas qualifications

SK9.15. A nurse or midwife trained outside the European Economic Area (EEA) or Switzerland must either hold a qualification that is comparable to the NMC’s standards of proficiency or pass the NMC test of competence. This test will assess the candidate’s qualifications, training and experience against the NMC’s standards to ensure they are capable of practising safely and effectively in the UK. It also considers whether the candidate has the necessary post-qualifying practice and experience in each appropriate area of nursing or midwifery.

SK9.16. A nurse or midwife trained inside the EEA who applies to register on or after 1 January 2021 and holds qualifications listed amongst those identified as meeting the requirements for automatic recognition in EU law under Annex V of Directive 2005/36/EC (select the table of contents on the left-hand side and then select Annex V from the list) will continue to have their qualification recognised on a near-automatic basis until further notice. The Department of Health and Social Care (DHSC) has published detailed guidance for EEA-qualified and Swiss healthcare professionals practising in the UK.

Note: these provisions for near-automatic recognition are subject to statutory review from January 2023. This guidance will be updated with any changes when the review has been completed.

SK9.17. Swiss nationals, UK nationals settled in Switzerland, and their non-EEA dependants and spouses who started their nursing or midwifery training before 31 December 2020 and apply to register on or after 1 January 2021 and hold qualifications previously recognised on a near-automatic basis by EU law under Annex V of Directive 2005/36/EC (select the table of contents on the left-hand side and then select Annex V from the list) will have their qualification recognised on a near-automatic basis. This will continue to be the case for 4 years from 1 January 2021. For more information, see:

Objective-structured clinical examination (OSCE)

SK9.18. Where required, the candidate will be invited to sit the OSCE in one of the approved NMC UK OSCE test centres.

SK9.19. Candidates may sit the OSCE up to 3 times as part of one application for registration.

SK9.20. If the candidate is unsuccessful, they must wait a minimum of 10 working days between attempts.

SK9.21. If the candidate is unsuccessful after their 3 permitted attempts, their OSCE application will close. If they still wish to register as a nurse or midwife, they will be required to submit a new application to the NMC but will not be able to sit the OSCE again for a minimum of 6 months.

SK9.22. A candidate who fails the OSCE 3 times is unlikely to be able to achieve their NMC registration within the 8-month period. In such cases, you must stop sponsoring them as a nurse or midwife.

SK9.23. If you cease sponsorship for this or any other reason, you must tell us via your sponsorship management system (SMS) account within 10 working days. If you fail to do so, we may revoke your sponsor licence. See section C1 of Part 3: Sponsor duties and compliance for further information on your reporting duties.

Completion of registration

SK9.24. Once the candidate completes all the registration requirements, the NMC will send them their registration number or personal identification number (PIN). You must retain a copy of their PIN notification.

SK9.25. You must tell us within 10 working days through your SMS account of the individual’s full NMC registration, confirmation they are now undertaking the role of a registered nurse or midwife, and their salary fully meets the requirements of salary points option K.

Question 11

SK10. Overseas criminal record certificate requirement

Accepted Answer

This section tells you about the criminal record certificate requirement that some applicants on the Skilled Worker route must meet to be granted entry clearance or permission to stay.

SK10.1. If the worker is applying for entry clearance and is being sponsored for a job in any of the occupation codes listed below, they must provide a criminal record certificate from the relevant authority in any country in which they have been present for 12 months or more (whether continuously or in total) in the past 10 years, while aged 18 or over:

1171 Health services and public health managers and directors
1172 Social services managers and directors
1231 Health care practice managers
1232 Residential, day and domiciliary care managers and proprietors
1233 Early education and childcare services proprietors
2211 Generalist medical practitioners
2212 Specialist medical practitioners
2221 Physiotherapists
2222 Occupational therapists
2223 Speech and language therapists
2224 Psychotherapists and cognitive behaviour therapists
2225 Clinical psychologists
2226 Other psychologists
2229 Therapy professionals not elsewhere classified
2231 Midwifery nurses
2232 Community nurses
2233 Specialist nurses
2234 Nurse practitioners
2235 Mental health nurses
2236 Children’s nurses
2237 Other nursing professionals
2251 Pharmacists
2252 Optometrists
2253 Dental practitioners
2254 Medical radiographers
2255 Paramedics
2256 Podiatrists
2259 Other health professionals not elsewhere classified
2312 Further education teaching professionals
2313 Secondary education teaching professionals
2314 Primary education teaching professionals
2315 Nursery education teaching professionals
2316 Special and additional needs education teaching professionals
2317 Teachers of English as a foreign language
2319 Teaching professionals not elsewhere classified
2321 Head teachers and principals
2322 Education managers
2323 Education advisers and school inspectors
2324 Early education and childcare services managers
2329 Other educational professionals not elsewhere classified
2461 Social workers
2462 Probation officers
2464 Youth work professionals
2469 Welfare professionals not elsewhere classified
3211 Dispensing opticians
3212 Pharmaceutical technicians
3213 Medical and dental technicians
3214 Complementary health associate professionals
3219 Health associate professionals not elsewhere classified
3221 Youth and community workers
3222 Child and early years officers
3223 Housing officers
3224 Counsellors
3229 Welfare and housing associate professionals not elsewhere classified
3231 Higher level teaching assistants
3232 Early education and childcare practitioners
3433 Fitness and wellbeing instructors
3571 Human resources and industrial relations officers
6111 Early education and childcare assistants
6112 Teaching assistants
6113 Educational support assistants
6114 Childminders
6117 Playworkers
6131 Nursing auxiliaries and assistants
6132 Ambulance staff (excluding paramedics) – for Certificates of Sponsorship assigned on or after 8 October 2024
6133 Dental nurses
6134 Houseparents and residential wardens
6135 Care workers and home carers
6136 Senior care workers

SK10.2. This requirement does not apply if, at the time of application, the worker provides a satisfactory explanation as to why it is not reasonably practicable for them to obtain a criminal record certificate from any or all of the relevant authorities.

SK10.3. The requirement also applies to the partner of the Skilled Worker if they will be applying to accompany or join them. The requirement does not apply to dependent children (including adult children).

SK10.4. We advise you to inform prospective employees of this requirement as early as possible to ensure they are made aware in advance of applying for a visa, so that they have sufficient time to obtain the relevant documentation.

SK10.5. Further guidance about the requirement can be found on the ‘Criminal records check for overseas applicants’ page on GOV.UK.

Question 12

SK11.Certificate of Sponsorship for Skilled Workers

Accepted Answer

This section tells you how to assign a valid Certificate of Sponsorship on the Skilled Worker route.

Overview

SK11.1. If you have followed all the rules in this guidance and you wish to sponsor a worker on the Skilled Worker route, you must assign them a valid Certificate of Sponsorship (CoS), using your sponsorship management system (SMS) account.

SK11.2. Before assigning a CoS, you should satisfy yourself that the worker can meet the relevant immigration requirements.

SK11.3. You cannot assign a CoS if you’re a B-rated sponsor, unless the worker is applying for permission to stay from within the UK and you sponsored the application which led to their last grant of permission. In all other cases, you must have an A-rating. For information on sponsor ratings, see section L8 of Part 1: Apply for a licence.

Defined and Undefined CoS

SK11.4. There are 2 types of CoS you can assign on the Skilled Worker route, known as ‘Defined’ and ‘Undefined’ CoS.

SK11.5. If the person you wish to sponsor will be applying for entry clearance from outside the UK, you must first apply for a Defined CoS for them. You must wait until this application has been approved before you can assign the CoS to the worker. You can also apply for a Defined CoS if you have not yet identified a worker but think you may need to sponsor a worker from overseas in the foreseeable future.

SK11.6. If the person will be applying for permission to stay from within the UK, you must assign them an ‘Undefined’ CoS from your annual CoS allocation. If you do not have enough CoS left in your allocation to sponsor the worker, you can apply to increase your allocation: see SMS Manual 2: Manage your licence.

SK11.7. It is very important that you understand the difference between the 2 types of CoS. You must not assign:

a Defined CoS to a worker for any job other than the one you described in your application for that Defined CoS
an Undefined CoS where a Defined CoS is required

SK11.8. If you assign the wrong type of CoS, or give false information on your application for a Defined CoS, we are likely to revoke your sponsor licence.

SK11.9. For more information on what a CoS is, and CoS allocations, see section S2 of Part 2: Sponsor a worker.

SK11.10. You can find detailed technical guidance on how to assign or apply for a CoS in User manuals: sponsorship management system (SMS) – see in particular Manuals 8 and 12.

Fees

SK11.11. You must pay a fee for each CoS you assign – see the UK visa fees page on GOV.UK for information on current fee levels.

SK11.12. Subject to certain exceptions, you will also need to pay an Immigration Skills Charge for each worker you sponsor – see section S5 of Part 2: sponsor a worker for more information.

Use of the CoS

SK11.13. Once you have assigned a CoS, the worker must use it within 3 months to apply for:

entry clearance (a visa) if they are outside the UK
permission to stay if they are in the UK and eligible to extend their permission or switch to the Skilled Worker route

SK11.14. If the CoS was issued more than 3 months before the date of application, we may reject their application and not consider it.

SK11.15. The worker must not apply for a visa or permission to stay more than 3 months before the start date recorded on their CoS. If they do, we will refuse their application.

SK11.16. We will also refuse the application if the CoS:

has been withdrawn by you or cancelled by the Home Office – see section S6 of Part 2: Sponsor a worker for information on when a CoS can be withdrawn or cancelled
was used in a previous application that was refused

What the CoS must confirm

SK11.17. For a CoS to be valid, it must meet the requirements set out in paragraphs SW 5.1 to SW 5.6A of Appendix Skilled Worker.

SK11.18. It must confirm all of the following:

that you are sponsoring the worker on the Skilled Worker route
the category in which you are sponsoring the worker
the worker’s personal information (such as name, date of birth, nationality), passport details and contact details
the start and end date of their employment
how many hours they will work each week – enter an average figure if this varies
where the worker will carry out their employment – this should include their main work address and any other regular work addresses, if relevant
whether you used an agent (such as a recruitment agency, employment business or other intermediary) to find the worker and, if so, details of that agent
the job title
the relevant SOC 2020 occupation code for the role (choose from the drop-down list under ‘Job type’) – see section S3 of Part 2: Sponsor a worker for more information on occupation codes
the main duties of the role for which the worker is being sponsored (enter these in the ‘Summary of job description’ box)
that the worker is a ‘new entrant’ if they will be claiming points for salary under Option E or Option J – you must also provide a brief explanation of how the worker meets the new entrant criteria (you can do this in the ‘Summary of job description’ field or by adding a ‘sponsor note’ after you’ve assigned the CoS)
details of the worker’s salary – this must not include any allowances or bonuses, unless the transitional provision for allowances applies
whether the job is on a client contract and, if so, details of that contract
that the job is in an eligible occupation code – see section SK4 for further information
that the job is listed in Appendix Immigration Salary List, if the worker will be claiming points for salary under Option D or Option I
professional registration details of the worker, if there is a legal requirement for them to be registered with a professional or other official organisation in the UK (for example, a doctor must be registered with the GMC)
whether you wish to certify maintenance for the worker (and, if relevant, their dependants) – you can only do this if you’re an A-rated sponsor
whether the worker needs an Academic Technology Approval Scheme (ATAS) certificate
the Pay As You Earn (PAYE) scheme reference number under which the worker will pay income tax and national insurance – if you are not required to operate PAYE on the worker’s earnings (for example, if the worker is covered by an exception set out in HMRC EP Appendix 4, or is self-employed), you must explain this on the CoS
any other additional relevant information specified in this guidance, such as for care workers and senior care workers, pre-registration nurses and midwives and Health and Care visa applicants

Choosing the correct category

SK11.19. When you assign an Undefined CoS to a Skilled Worker, you will be asked to select a ‘category’ from a drop-down list. The category you choose depends on the worker’s current immigration status and whether you will need to pay the Immigration Skills Charge (ISC) for them, as set out in the table below:

Category	Choose this option if…
Skilled Worker (Switching immigration category – ISC liable)	The worker will be applying to switch from another immigration route (other than a route for the purpose of study) to the Skilled Worker route and you are liable to pay the ISC for them.
Skilled Worker (extensions – ISC exempt)	The worker will be making an extension of permission application (to continue working for you in the same occupation code) and you are not liable to pay the ISC for them.
Skilled Worker (extensions – ISC liable)	The worker will be making an extension of permission application (to continue working for you in the same occupation code) and you are liable to pay the ISC for them.
Skilled Worker (Changes of Employment – ISC exempt)	The worker will be making a change of employment application (to change job or employer) and you are not liable to pay the ISC for them.
Skilled Worker (Changes of Employment – ISC liable)	The worker will be making a change of employment application (to change job or employer) and you are liable to pay the ISC for them.
Skilled Worker (graduate in Tier 4/Student route switching to Skilled Worker)	The worker has current permission for the purpose of study and will be applying to switch to the Skilled Worker route – you are not required to pay the ISC in these circumstances. Note: the worker does not have to have been studying at graduate level for this exemption from the ISC to apply but they must have current permission for the purpose of study. This does not include permission on the Graduate route. See section S5 of Part 2: Sponsor a worker for a definition of ‘for the purpose of study’.
Skilled Worker (Switching immigration category – ISC exempt)	The worker will be applying to switch from another immigration route (other than one for the purpose of study) to the Skilled Worker route and you are not liable to pay the ISC for them.

How long you can assign a CoS on the Skilled Worker route

SK11.20. You can normally assign a CoS for the period you intend to employ the worker, up to a maximum of 5 years.

SK11.21. If you are sponsoring a worker who will be claiming points for being a new entrant, the maximum period you can assign a CoS is 4 years (including time already spent in the UK as a new entrant on the Skilled Worker or Tier 2 (General) routes, or on the Graduate route).

SK11.22. If you assign a CoS to a worker who is a pre-registration nurse or midwife, the start date you give on their CoS should be the earliest date of:

the date they will start working for you in familiarisation training
if they have already passed the objective-structured clinical examination (OSCE) and received their registration number (PIN), the date they will start working for you as a fully NMC-registered nurse or midwife
the date on which they will sit their OSCE

SK11.23. You cannot sponsor a pre-registration nurse or midwife for longer than 8 months. You must confirm on the CoS that you will stop sponsoring the worker as a nurse or midwife if they do not achieve full NMC registration within 8 months of the job start date. See section SK9 for further information.

SK11.24. For further information on start and end dates, see section S3 of Part 2: Sponsor a worker.

Reporting duties and record keeping

SK11.25. Once you have assigned a CoS to a worker, you must tell us if they fail to start their employment, are absent without permission, or there are any significant changes to the nature of their work or salary, or to your organisation. For full details of your reporting and other duties, see: Part 3: Sponsor duties and compliance.

SK11.26. You must also keep records for each worker you sponsor as specified in Appendix D to the sponsor guidance.

SK11.27. If you fail to meet these duties, we may revoke your sponsor licence.

Question 13

SK12. Skilled Worker Defined CoS

Accepted Answer

This section tells you when and how to apply for a Defined Certificate of Sponsorship for a Skilled Worker.

Overview

SK12.1. You must apply for a ‘Defined’ Certificate of Sponsorship (CoS) if the worker you wish to sponsor will be making their application for permission (entry clearance) from outside the UK. You can also apply for a Defined CoS if you have not yet identified a worker but think you may need to sponsor a worker from overseas in the near future.

SK12.2. You must not assign an Undefined CoS to a worker who will be applying for entry clearance – if you do, we are likely to revoke your licence.

SK12.3. You cannot apply for an annual allocation of Defined CoS. Instead, you must apply for a Defined CoS as and when you require one. You can apply for more than one Defined CoS in a single application, provided the role details (including start date, occupation code, job description and salary) on each CoS are the same.

SK12.4. You cannot apply for a Defined CoS if your licence is B-rated or suspended.

SK12.5. A Defined CoS must otherwise meet all of the same requirements as an Undefined CoS to be valid.

How to apply for a Defined CoS

SK12.6. You apply for a Defined CoS using your sponsorship management system (SMS) account. The application can only be made by a Level 1 User – see section L4 of Part 1: Apply for a licence for information on who can be a Level 1 User.

SK12.7. There is no additional fee to apply for a Defined CoS beyond the standard CoS fee.

SK12.8. When you make your application, you must fill in all mandatory fields marked with an asterisk (*). If you do not, you will not be able to send your application. The information you give about the role is the same as you would give if you were assigning a Skilled Worker Undefined CoS.

SK12.9. You can find detailed information on how to complete a Defined CoS application, and how to assign a Defined CoS, in SMS Manual 12.

Salary information on the CoS

SK12.10. The salary you enter on the CoS must be a genuine reflection of what you intend to pay the worker. It must also be eligible for 20 points for salary, and meet all of the salary requirements of the Skilled Worker route. If it does not meet the requirements, we will reject the application.

SK12.11. If you have identified a specific worker for the role, you must indicate in the ‘Summary of job description’ field which option they will be claiming salary points under, with a brief explanation of how they meet that points option. Where the worker will be claiming points as a new entrant on the basis of their age under either Option E or Option J, you must include their name, date of birth and nationality. See section SK6 for further information on the requirements of the various points options.

SK12.12. You must also include this information even if you have not identified a specific worker at the time you apply for a Defined CoS. However, you cannot assume the worker you eventually assign it to will be eligible for points under certain options, unless you can provide a clear justification, for example:

in the case of any of Options F to J, that the worker will be sponsored for a ‘Health and Care ASHE salary job’
in the case of Options B and G, that the job requires the successful candidate to have a relevant PhD
in the case of Options C and H, that the job requires the successful candidate to have a relevant PhD in a STEM subject
in the case of Options D and I, that the job is listed in Appendix Immigration Salary List
in the case of Options E and J, that the job is in a specified occupation code or is a regulated profession and the worker will be working towards a recognised professional qualification in that profession

SK12.13. If you cannot provide a satisfactory justification in the ‘Summary of job description’ field, the salary you enter on the CoS must be eligible for points under Option A or Option K as appropriate. If the salary is not eligible for points under one of these options, your application will be rejected.

SK12.14. You must also state the number of hours the successful candidate, or candidates, will work each week. If the working hours will vary, you must give details of what the working pattern will be in the ‘Summary of job description’ field. This information will help us to confirm the stated salary meets the Skilled Worker salary requirements.

SK12.15. If the number of weekly hours is subject to negotiation or final agreement, you should enter the number of hours you would normally expect workers in a similar role to work each week and provide an explanation in the ‘Summary of job description’ field. You must confirm the correct number of hours by adding a sponsor note when you assign the CoS to a worker.

If the worker will be working on a client contract

SK12.16. If the worker will be working on a client contract, you must include the following information in the ‘Summary of client contract’ field:

the name and business address of the client
the duration of the contract
the key deliverables of the contract

If the worker is a care worker or senior care worker

SK12.17. You must provide additional information (as described in section SK4) if you are applying for a Defined CoS to sponsor a worker under occupation code 6135 (care workers and home carers) or 6136 (senior care workers).

When we will decide your application

SK12.18. If your application is straightforward and does not require any further information, we will normally decide your application for a Defined CoS within one working day.

SK12.19. We may check the information you send with your application before we can fully consider it – for example, if we have doubts about its validity or we are not sure if the role described on the CoS meets the requirements of the Skilled Worker route.

SK12.20. If we need to make any checks, we may ask you for more information or documents. You must send us any information or documents within the timescale specified in the request. If you do not, your application will be rejected and not considered.

Decision on an application for a Defined CoS

SK12.21. If your application for a Defined CoS is successful, it will be allocated to your SMS account, ready to be assigned to a worker.

SK12.22. We will reject any application for a Defined CoS if:

the job does not meet the skill level requirement
we have reasonable grounds to believe you have chosen an inappropriate occupation code for the role
the job does not meet the salary requirements
we have reasonable grounds to believe the job is not a genuine role or amounts to the hire of the worker to a third party
we have reasonable grounds to believe the role does not comply with UK employment law (for example, National Minimum Wage or the Working Time Regulations)
we have reasonable grounds to believe you have provided false or misleading information in your application
the application otherwise does not meet the requirements of the Skilled Worker route

SK12.23. We may also reject any application for a Defined CoS (or, where you have requested multiple Defined CoS, grant fewer than you have requested or grant none at all) for any of the following reasons:

you are asked to provide additional information or evidence to support your application and you fail to submit it by the deadline given by UKVI
you cannot justify your need for the number of Defined CoS you have requested
we do not consider your need to be credible, based on your current circumstances
we are not satisfied you will be able to offer guaranteed work for the worker by the start date stated on the Defined CoS application
you have a history of non-compliance with the sponsorship arrangements
the request is substantially or materially the same as one we have previously rejected

SK12.24. When considering applications for Defined CoS, we will apply the same considerations as we do when we consider a request for an annual or increased allocation of Undefined CoS – see ‘Deciding your CoS allocation’ in section S2 of Part 2: Sponsor a worker for further information.

SK12.25. If we reject an application for a Defined CoS (or grant fewer than you have requested), or if you persistently submit applications which are rejected, we may take compliance action against you.

Time limit for assigning and using a Defined CoS

SK12.26. Once we have allocated a Defined CoS to your SMS account, you will have 3 months to assign it to a worker. If you do not assign it within 3 months, it will be removed from your account. You should therefore only apply for a Defined CoS if you genuinely intend to assign it within 3 months.

SK12.27. Once you have assigned the CoS to a worker, they will then have 3 months to use it to support an application for entry clearance or permission to stay. If they do not use it within this period, it will be invalid and any application supported by it is likely to be rejected.

If your licence is downgraded or suspended

SK12.28. If you have any unassigned Defined CoS in your SMS account, and your licence is downgraded to a B rating, or is suspended, you will not be able to assign these CoS. They will be removed from your account at the end of 3 months (unless you regain your A-rating and assign them to a worker during that period).

Reclaiming invalid CoS

SK12.29. If we find, after allocating you a Defined CoS, but before you have assigned it to a worker, that the application was in fact invalid, we will reclaim it from your SMS account. If you still need a Defined CoS, you will need to apply again.

Changes to the details on a Defined CoS

SK12.30. When you apply for a Defined CoS, the information you give in your application, such as the salary and job description, will appear on the CoS that is allocated to you if your application is successful. When you are ready to assign that CoS to a worker, you will not be able to change any of these pre-populated fields.

SK12.31. You can, however, add a sponsor note to let us know of the following changes only:

Change	Extent to which change is permitted
Salary	You can change the salary you will pay to the worker, but the revised salary must be eligible for the same number of points as the salary stated in the original application for that CoS. If it is not, we will cancel the CoS.
Weekly working hours	You can change the weekly working hours. If you do this, you must also update the worker’s salary. The salary must be eligible for the same number of points as the salary stated in the original CoS application. If it is not, we will cancel it.
Start and end date of the job	You can amend either or both of these dates – but remember, the start date cannot be more than 3 months after the date the worker makes their application for entry clearance or permission to stay.

SK12.32. These are the only changes you can make to a Defined CoS when you assign it. If anything else has changed, such as:

a change in salary or working hours beyond the limits set out in the table above
a change to the occupation code or job description

you must tell us so we can cancel the CoS.

If you give false information in your application

SK12.33. You must only assign a Defined CoS if you intend to employ the worker according to the details stated in the application you made for it, or in any sponsor note added in the circumstances permitted above. If we subsequently find that you gave false information in your application, we will revoke your sponsor licence. Examples include, but are not limited to, where:

we find (either through a compliance visit or checking with HMRC) that the salary you pay to a worker whose application for permission was supported by a Defined CoS is lower than the salary stated in your application for that CoS
you have assigned the CoS for a job other than the one described in the application for that CoS
you have used an inappropriate occupation code to meet the skill level

Question 14

SK13. Health and Care visa

Accepted Answer

This section tells you about sponsoring key health workers for a ‘Health and Care visa’.

Background

SK13.1. On 4 August 2020, the Government launched a ‘Health and Care visa’ for eligible health workers who have been trained to a recognised standard and have good English language skills. The Health and Care visa forms part of the Skilled Worker route.

SK13.2. The benefits of the Health and Care visa include:

fast-track visa processing for entry to the UK
the support of a dedicated team within UKVI in processing applicants’ and their dependent families’ visa applications
reduced visa fees
exemption from the Immigration Health Charge

Eligibility for a Health and Care visa

SK13.3. If you wish to sponsor a Skilled Worker for a Health and Care visa, you must read the full Health and Care visa guidance for detailed information on the eligibility criteria. The criteria include that you must:

be an eligible organisation, as set out in paragraph 2 of that guidance
be sponsoring the worker in an eligible occupation code specified in paragraph 3 of that guidance – for convenience, these are also set out in paragraphs SK13.4 and SK13.5 below:

SK13.4. The following occupation codes (known as ‘Health and Care ASHE salary jobs’) are eligible for the Health and Care visa and are also eligible for salary points under Options F to J:

1171 Health services and public health managers and directors
1231 Health care practice managers
1232 Residential, day and domiciliary care managers and proprietors
2113 Biochemists and biomedical scientists
2114 Physical scientists
3111 Laboratory technicians
3211 Dispensing opticians
3212 Pharmaceutical technicians
6135 Care workers and home carers
6136 Senior care workers

SK13.5. The following occupation listed in Table 3 of Appendix Skilled Occupations are eligible for the Health and Care visa and also eligible for salary points under Option K:

2211 Generalist medical practitioners
2212 Specialist medical practitioners
2221 Physiotherapists
2222 Occupational therapists
2223 Speech and language therapists
2224 Psychotherapists and cognitive behaviour therapists
2225 Clinical psychologists
2226 Other psychologists
2229 Therapy professionals not elsewhere classified
2231 Midwifery nurses
2232 Registered community nurses
2233 Registered specialist nurses
2234 Registered nurse practitioners
2235 Registered mental health nurses
2236 Registered children’s nurses
2237 Other registered nursing professionals
2251 Pharmacists
2252 Optometrists
2253 Dental practitioners
2254 Medical radiographers
2255 Paramedics
2256 Podiatrists
2259 Other health professionals not elsewhere classified
2461 Social workers
3213 Medical and dental technicians
3219 Health associate professionals not elsewhere classified
6131 Nursing auxiliaries and assistants
6132 Ambulance staff (excluding paramedics)
6133 Dental nurses

SK13.6. These are the only eligible occupation codes. If the worker will not be sponsored in one of the above occupation codes, they will have to qualify under the standard Skilled Worker route (and pay the Immigration Health Charge).

SK13.7. Health and Care visa applicants must meet all of the standard immigration requirements of the Skilled Worker route, in addition to the specific Health and Care visa requirements. You should also be aware there are additional requirements for occupation codes 6135 and 6136.

Additional information you must include on the CoS

SK13.8. When you assign a CoS to a Skilled Worker for a Health and Care visa, or apply for a Defined CoS that you intend to assign to such a worker, you must:

include in the ‘Summary of job description’ field of the CoS:
- a brief explanation of how the worker meets the Health and Care visa criteria – for example, that they work for an NHS trust in one of the above occupation codes
- if you are a private organisation, provide brief information about the contract or agreement you have with NHS trusts or bodies to provide those services
tell the worker they are eligible for the Health and Care visa so they can correctly complete their visa application form – if you fail to do so, the worker’s visa application may be rejected

SK13.9. If you forget to include information about how the worker meets the criteria or your contractual arrangements (if relevant) in the ‘Summary of job description’ field, you must add a ‘sponsor note’ with this information after you have assigned the CoS.

SK13.10. If you are a private organisation providing services on behalf of the NHS, we may ask you to submit evidence of your arrangements with the NHS. You must give us this evidence if asked.

Question 15

Annex SK1: summary of Skilled Worker salary thresholds

Accepted Answer

This annex summarises current and previous salary thresholds for the Skilled Worker route.

It is intended for quick reference only and you must refer to section SK6 of this guidance, or the relevant archived version of the guidance, for detailed information on the relevant points options and any transitional arrangements. You can view previous versions of the Immigration Rules on the National Archives website.

Salary thresholds for CoS assigned on or after 4 April 2024

The table below summarises Skilled Worker salary thresholds and points options for Certificates of Sponsorship (CoS) assigned on or after 4 April 2024. See section SK6 for detailed guidance on the requirements for these points options.

Option	Description	Requirements
A	Salary only	Salary must meet or exceed all of: * £38,700 (general threshold) * the full going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations * £15.88 per hour
B	Relevant PhD	Salary must meet or exceed all of: * £34,830 (general threshold) * 90% of the going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations * £15.88 per hour
C	Relevant PhD in a STEM subject	Salary must meet or exceed all of: * £30,960 (general threshold) * 80% of the going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations * £15.88 per hour
D	Job in Appendix Immigration Salary List	Salary must meet or exceed all of: * £30,960 (general threshold) * the full going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations * £15.88 per hour
E	New entrant	Salary must meet or exceed all of: * £30,960 (general threshold) * 70% of the going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations * £15.88 per hour
F	Salary only (Health and Care ASHE salary job or transitional provision)	Salary must meet or exceed all of: * £29,000 (general threshold) * the full going rate for the occupation code as stated in Table 2 or 2a of Appendix Skilled Occupations * £11.90 per hour
G	Relevant PhD (Health and Care ASHE salary job or transitional provision)	Salary must meet or exceed all of: * £26,100 (general threshold) * 90% of the going rate for the occupation code as stated in Table 2 or 2a of Appendix Skilled Occupations * £11.90 per hour
H	Relevant PhD in a STEM subject (Health and Care ASHE salary job or transitional provision)	Salary must meet or exceed all of: * £23,200 (general threshold) * 80% of the going rate for the occupation code as stated in Table 2 or 2a of Appendix Skilled Occupations * £11.90 per hour
I	Job in Appendix Immigration Salary List (Health and Care ASHE salary job or transitional provision)	Salary must meet or exceed all of: * £23,200 (general threshold) * the full going rate for the occupation code as stated in Table 2 of Appendix Skilled Occupations * 11.90 per hour
J	New entrant (Health and Care ASHE salary job or transitional provision)	Salary must meet or exceed all of: * £23,200 (general threshold) * 70% of the going rate for the occupation code as stated in Table 2 or 2a of Appendix Skilled Occupations * £11.90 per hour
K	Eligible health or education occupation code	Salary must meet or exceed both: * £23,200 (general threshold) * the full going rate for the occupation code as stated in Table 3, 4 or 5 of Appendix Skilled Occupations

Salary thresholds for CoS assigned between 12 April 2023 and 3 April 2024

The table below summarises Skilled Worker salary thresholds and points options for Skilled Workers who have current permission (or have applied for permission) based on a CoS assigned to them on or after 12 April 2023 and before 4 April 2024. See the previous version of section SK6 for detailed guidance on the requirements for these points options.

Where the minimum hourly rate or going rate is below the National Minimum Wage, you must ensure you pay at least National Minimum Wage to the worker.

If the worker makes an application for further permission with a CoS assigned on or after 4 April 2024, their salary must score points under one of salary points options in section SK6 of the current version of this guidance.

Option	Description	Requirements
A	Salary only	Salary must meet or exceed all of: * £26,200 (general threshold) * the full going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations in force at that time * £10.75 per hour
B	Relevant PhD	Salary must meet or exceed all of: * £23,580 (general threshold) * 90% of the going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations in force at that time * £10.75 per hour
C	Relevant PhD in a STEM subject	Salary must meet or exceed all of: * £20,960 (general threshold) * 80% of the going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations in force at that time * £10.75 per hour
D	Job in Appendix Immigration Shortage Occupation List	Salary must meet or exceed all of: * £20,960 (general threshold) * the full going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations in force at that time * £10.75 per hour
E	New entrant	Salary must meet or exceed all of: * £20,960 (general threshold) * 70% of the going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations in force at that time * £10.75 per hour
F	Eligible health or education occupation code	Salary must meet or exceed both: * £20,960 (general threshold) * the full going rate for the occupation code as stated in Table 2 of Appendix Skilled Occupations in force at that time

Salary thresholds for CoS assigned before 12 April 2023

The table below summarises Skilled Worker salary thresholds and points options for Skilled Workers who have current permission based on a CoS assigned to them before 12 April 2023. See the version of section SK6 in force before 12 April 2023 for detailed guidance on the requirements for these points options and transitional arrangements.

Where the minimum hourly rate or going rate is below the National Minimum Wage, you must ensure you pay at least National Minimum Wage to the worker.

If the worker makes an application for further permission with a CoS assigned on or after 4 April 2024, their salary must score points under one of salary points options in section SK6 of the current version of this guidance.

Option	Description	Requirements
A	Salary only	Salary must meet or exceed all of: * £25,600 (general threshold) * the full going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations in force at that time * £10.10 per hour
B	Relevant PhD	Salary must meet or exceed all of: * £23,040 (general threshold) * 90% of the going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations in force at that time * £10.10 per hour
C	Relevant PhD in a STEM subject	Salary must meet or exceed all of: * £20,480 (general threshold) * 80% of the going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations in force at that time * £10.10 per hour
D	Job in Appendix Shortage Occupation List	Salary must meet or exceed all of: * £20,480 (general threshold) * the full going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations in force at that time * £10.10 per hour
E	New entrant	Salary must meet or exceed all of: * £20,480 (general threshold) * 70% of the going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations in force at that time * £10.10 per hour
F	Eligible health or education occupation code	Salary must meet or exceed both: * £20,480 (general threshold) * the full going rate for the occupation code as stated in Table 2 of Appendix Skilled Occupations in force at that time

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About this guidance

Other guidance you must read

Glossary

Regulated activity

Skilled Worker

Skilled Worker route

Tier 2 (General) Migrant

Tier 2 (General) route

Contacts

Version number and publication

Changes to this guidance

SK1. Sponsoring a Skilled Worker: overview

What is the Skilled Worker route?

Who needs to be sponsored on the Skilled Worker route?

What are the sponsorship requirements for the Skilled Worker route?

SK2. How to get a Skilled Worker sponsor licence

General requirements

Specific requirements for a Skilled Worker licence

Evidence required

If you will be sponsoring care workers or senior care workers

How to keep your licence

SK3. Immigration requirements for Skilled Workers

Overview

Points requirement

Genuine role requirement

Working for a third party

Compliance with National Minimum Wage and the Working Time Regulations

Genuineness requirement

Financial requirement

Former officially-sponsored students

Entry requirement

Extension of permission

‘Switching’ to the Skilled Worker route

Switching from the Student route

Permission to work while a switching application is pending

Period of grant

Settlement

Further information on immigration requirements

SK4. Skill level requirement for Skilled Workers

Eligible occupation code

Additional requirements for care workers and senior care workers

Additional information you must include on a CoS for care workers or senior care workers

ATAS requirement

SK5. Salary requirements for Skilled Workers

Overview

How much do you have to pay a Skilled Worker?

General salary threshold

Going rate

PAYE reference numbers

SK6. Points for salary (Skilled Worker salary thresholds)

Overview

How to choose the correct points option

Options A to E: general (salaries based on median earnings)

Options F to J: specified Health and Care occupations and transitional provision

Health and Care ASHE salary job

Transitional provision for salary

Salary requirements under Options F to J

Option K: health and education occupations based on national pay scales

Additional requirements for options B to E or G to J

Options B and G (relevant PhD) or C and H (PhD in a STEM subject)

Options D and I: Job in Appendix Immigration Salary List

Options E and J: worker is a new entrant to the labour market

Additional requirements for Students

Maximum period a worker can be sponsored as a new entrant

Transitional arrangement for going rates in specified occupations

SK7. Calculation of salary: allowances and pro-rating

Allowances

Transitional provision for allowances

Workers being sponsored for less than a year

Calculation of general salary threshold

Calculation of going rate

Occupation code in Table 1, 2 or 2a

Occupation code in Table 3

Calculation of salary: irregular working patterns

SK8. Unpaid leave and salary reductions

Absence without pay or on reduced pay

Salary otherwise reduced

Permitted salary reductions

Prohibited salary reductions