ILR minimum hours with new skilled worker's guidance

[quoala]

Due to the covid situation I have a part time offer from my current sponsor with a reduced salary(34k) and reduced hours to 20 a week. I'm a bit confused if that's going to be an issue moving forward with ILR. The company said it's not an issue with the current Tier 2 visa (shortage occupation) I have for over 4 years after they checked with their lawyers.

I've checked the minimum hours required here and on page 23 it says:

Pro-rating salaries for part time workers
49. The going rate ensures fair pay compared with resident workers and aims to prevent
migrant workers being used as a source of cheap labour. As under the existing
system, going rates for individual occupations can be pro-rated depending on the
applicant’s working pattern, as long as the total applicable general salary threshold
(£25,600, £23,040 or £20,480) is met. The general threshold is a measure of the
economic contribution an applicant will make to the UK. It applies regardless of the
number of hours worked and will not be pro-rated.

The bold bit says there's no need for minimum hours, but the old Tier 2 guidance from 2013 says minimum should be 30.

Can someone please advice? As I need to make a decision to take up this offer. I'm eligible for ILR end of this year so would prefer to accept it if the reduced hours not going to affect it.

[zimba]

The skilled worker route does not have a minimum number of weekly hours requirement. The guide says:

Unlike under Tier 2 (General), there is no minimum number of weekly hours for
shortage occupations in the Skilled Worker route, providing the relevant general
salary threshold requirements are met and the ‘going rate’ salary requirements are
met when pro-rated.

You are also confusing the general threshold for a Skilled worker visa which should not be pro-rated (unless you work more than 48 hours weekly) with the min going rate which must be pro-rated based on the weekly working hours stated on the certificate of sponsorship (CoS).

As you are being paid 34K you meet the general threshold for a skilled worker visa. Now you simply need to calculate the going rate based on the 20-hour week and see if the offered salary exceeds that. Then you should be good

Also see pages 27-29 of the skilled worker caseworker guide for these calculations.

[quoala]

The skilled worker route does not have a minimum number of weekly hours requirement. The guide says:

Unlike under Tier 2 (General), there is no minimum number of weekly hours for
shortage occupations in the Skilled Worker route, providing the relevant general
salary threshold requirements are met and the ‘going rate’ salary requirements are
met when pro-rated.

You are also confusing the general threshold for a Skilled worker visa which should not be pro-rated (unless you work more than 48 hours weekly) with the min going rate which must be pro-rated based on the weekly working hours stated on the certificate of sponsorship (CoS).

As you are being paid 34K you meet the general threshold for a skilled worker visa. Now you simply need to calculate the going rate based on the 20-hour week and see if the offered salary exceeds that. Then you should be good

Also see pages 27-29 of the skilled worker caseworker guide for these calculations.

Thanks! This is very helpful. Couldn't find much details about this. Appreciate your input on these 2 questions:

- Am I automatically under Skilled Worker rules when having Tier 2 general?
- Is this the correct calculation? With a full-time (39 hours per week) salary of £34,000, working 20 hours per week gives a pro-rata salary of £17,435.90. My SOC is 2136, if that's correct I'm not eligible.

[zimba]

Tier 2 route does not exist anymore. So the rules under the Skilled Worker route apply to all ILR applicants for sponsored work.

For your SOC the min salary is £33k for 39 hours of work per week. You will pro-rate this as £33,000 ÷ 39 x 20 = £16,923. This is the minimum salary you must be paid for working 20 hours a week under that SOC. If your current salary is £34k for 20 hours a week, then your salary is more than double that minimum.

The general threshold under the skilled worker is now between £23,200 and £38,700, depending on your circumstances. So If you get paid more than £38,700, then you do not need to worry about the general threshold at all. If you do not, then you need to find out that you satisfy the general threshold requirement. The general threshold is the same, regardless of how many hours a week the applicant is sponsored to work. It cannot be pro-rated for part-time work. However, if the applicant is being sponsored to work more than 48 hours a week, only the salary for the first 48 hours a week can be considered.

The general threshold will be between £29,000 or lower for those who are either:

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

Make sure to checkout 'Occupation codes in Tables 2 and 2a of Appendix Skilled Occupations (option F to J)
Here: https://www.gov.uk/government/publicati ... bookmark51

So the calculations work like this:

1. Find out the min going rate based on the weekly hours and the rate under the SOC code (pro-rate if the applicant has different weekly hours). Compare this value to the current salary. If the current salary is higher go to step 2, otherwise the applicant is not eligible. The lower going rate only applies if you moved to the skilled worker route before 4 April 2024.
2. Find out the general threshold that applies to the applicant (pro-rate this if the applicant works more than 48 hours per week). If the applicant's current salary is higher then the applicant is eligible, otherwise the applicant is not eligible.
   If you moved to the skilled worker route before 4 April 2024 the max general threshold is set at £29,000 but this could even be lower as explained above

For detailed information read the official caseworker guide: https://www.gov.uk/government/publicati ... r-guidance
The latest SOC going rates: https://www.gov.uk/government/publicati ... tion-codes

If you work in healthcare, you need to be paid the going rate as per national pay scales for eligible healthcare occupations.
Your SOC and the relevant pay scales can be found here: https://www.gov.uk/government/publicati ... tion-codes

[quoala]

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