Which occupations are on the UK’s Immigration Salary List?
Eralda@vanessaganguin.com +44 (0) 204 551 4815 +44 (0) 7903 864752 |
Eralda@vanessaganguin.com +44 (0) 204 551 4815 +44 (0) 7903 864752 |
27 March 2024
The Skilled Worker visa has been the main work immigration route since free movement ended with Britain’s exit from the EU. Vacancies must be genuine and Skilled Workers must meet eligibility requirements such as a job offer at the appropriate skill level, English language and salary requirements. To sponsor a Skilled Worker an employer must pay whichever is the higher amount of the general annual pay threshold for this immigration route or the going rate of pay for that occupation as set by the UK government.
Up to now the UK government placed certain jobs with skills shortages on its Shortage Occupation List to help employers grappling with skills gaps. Employers have been able to sponsor migrant workers in these roles with lower application fees and a 20% discount on the general Skilled Worker visa salary threshold as well as a 20% discount on the going rate of pay for those occupations.
As part of changes aimed at reducing the level of legal migration to the UK, from 4 April 2024, the Shortage Occupation List (SOL) is being replaced by an Immigration Salary List. At the same time, the minimum general salary threshold and going rates of pay for all Skilled Workers are increasing too.
The Immigration Salary List (ISL) will still allow employers to pay lower application fees and a lower general salary threshold – £30,960 instead of the new minimum threshold of £38,700 for most new Skilled Worker visas. However there will no longer be a 20% discount on the going rates of pay for the shortage occupations on the list.
So, for example, there is a current shortage of programmers and software developers in the UK. Up to now they could be hired as a Skilled Worker visas on a £27,200 salary (based on a 37.5 hour week). From 4 April, they would have to be paid a minimum of the new higher going rate for that occupation code of £49,400 (based on a 37.5-hour week). As this figure is higher than the new £38,700 general Skilled Worker threshold, there is no point in this occupation being on the new ISL which now includes a smaller list of shortage roles that pay under that amount.
On the other hand, large fishing boat crews were on the SOL to help a fishing industry facing recruitment challenges post-Brexit. Deckhands on large fishing vessels could be sponsored from £20,960. As their new occupation going rate is rising, but not by as much as the £38,700 Skilled Worker salary threshold, this occupation remains on the ISL. From April sponsored crew would have to match the ISL general threshold and be paid £30,960.
What jobs are on the new Immigration Salary List?
These are the SOC codes that will be in Appendix Immigration Salary List of the Immigration Rules from 4 April 2024:
- 1212 Managers and proprietors in forestry, fishing and related services – only “fishing boat masters” (Scotland only)
- 2111 Chemical scientists – only jobs in the nuclear industry(Scotland only)
- 2112 Biological scientists and biochemists *
- 2115 Social and humanities scientists – only archaeologists
- 2142 Graphic and multimedia designers
- 3111 Laboratory technicians – only jobs requiring 3 or more years’ related on-the-job experience.
- 3212 Pharmaceutical technicians
- 3411 Artists
- 3414 Dancers and choreographers – only skilled classical ballet dancers or skilled contemporary dancers who meet the standard required by internationally recognised UK ballet or contemporary dance companies. The company must be endorsed as being internationally recognised by a UK industry body such as the Arts Councils.
- 3415 Musicians – only skilled orchestral musicians who are leaders, principals, sub-principals or numbered string positions, and who meet the standard required by internationally recognised UK orchestras. The orchestra must be a full member of the Association of British Orchestras.
- 3416 Arts officers, producers and directors
- 5119 Agriculture and fishing trades not elsewhere classified – only jobs in the fishing industry
- 5213 Welding trades – only high integrity pipe welders, where the jobrequires 3 or more years’ related on-the-job experience. This experience must not have been gained through working illegally.
- 5235 Boat and shop builders and repairers (Scotland only)
- 5312 Stonemasons and related trades
- 5313 Bricklayers
- 5314 Roofers, roof tilers and slaters
- 5316 Carpenters and joiners
- 5319 Construction and building trades not elsewhere classified – only retrofitters
- 6135 Care workers and home carers – in England the sponsor must be registered with the Care Quality Commission and carrying out regulated activity. Private households or individuals (other than sole traders sponsoring someone to work for their business) cannot sponsor Skilled Worker applicants.
- 6136 Senior care workers – in England the sponsor must be registered with the Care Quality Commission and carrying out regulated activity.
- 6129 Animal care services occupations not elsewhere classified – only racing grooms, stallion handlers, stud grooms, stud hands, stud handlers and work riders
- 9119 Fishing and other elementary agriculture occupations not elsewhere classified – only deckhands on large fishing vessels (9 metres and above) where the job requires the worker to have at least 3 years’ full-time experience in using their skills.
* RE: 2112, we note that the going rate for this occupation code on the Statement of changes to the Immigration Rules HC 590, 14 March 2024 is £41,900 – which is either a mistake, or perhaps more likely, this occupation should not have been left on the Immigration Salary List as the going rate will be too high to benefit from a discounted salary threshold.
NB: Skilled Workers sponsored in a role which was included on either the SOL or ISL list but is no longer on the list when they make their next application to extend their visa, may still be sponsored on the lower general threshold of £23,200 and and lower going rates based on the 25th percentile of all such occupations, rather than the new going rates which are based on the median that those in that occupation are paid – though this is only if they extend their visa to continue working in the same role for the same sponsor. If working for a different sponsoring employer they will still be able to progress on a lower going rate based on the 25th percentile, though the general salary threshold will be £29,000 – the same as as most Skilled Workers who were on the route before 4 April. The general salary thresholds for those on the Skilled Worker visa route before 4 April 2024 is not increasing as much as new applicants – you can find more details here.
There was no public consultation before the Home Secretary announced these changes. Sectors affected will be able to give evidence to a full review of shortage occupations that the Migration Advisory Committee (MAC) will be carrying out later this year – only after changes have taken effect. The government commissioned the independent expert committee to do a “rapid review” of replacing the Shortage Occupation List without the time for consultation, but it has nonetheless ignored the advice the MAC came back with to reconsider removing the 20% going rate discount for shortage occupations.
If you would like to discuss sponsoring a role on the ISL or any other UK immigration options, please do not hesitate to contact us on 0207 033 9527 or at enquiries@vanessaganguin.com.