I am not sure where the lawyers got that idea. Maybe I am missing something ??
The percentage reductions do not apply at the settlement stage (those apply to entry clearance and extensions only).
Table 2: Eligible SOC 2020 occupation codes and related going rates based on 25th percentile Annual Survey of Hours and Earnings (ASHE) data
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Only the going rate column applies to Skilled Worker settlement applications; the columns setting out 70%, 80% and 90% of the going rate do not apply.
The rules:
https://www.gov.uk/guidance/immigration ... ccupations
Also, the 25th percentile consideration already applies to the limits imposed on such people, which is why the thresholds are in fact lower than normal. There are two numbers to consider: the general threshold, as well as the going rate for your SOC. So whichever is the largest, will be the minimum salary you need to earn to qualify for ILR.
As far as I see the people who used to be under the 'shortage occupation list' can only benefit from a lower
general threshold reduced to £23,200 per year which is due to 25th percentile consideration. Also for the going rates, a
lower going rate applies as you moved to the skilled worker route before 4 April 2024.
The current going rate for your SOC is in fact £49,900 as the UKVI raised the threshold to be the 50th percentile of the Annual Survey of Hours and Earnings (ASHE) dataset. I believe the
lower going rate is still based on the 25th percentile of the Annual Survey of Hours and Earnings (ASHE) dataset which is £41,900
This is all explained by the UKVI here:
https://www.gov.uk/government/publicati ... accessible
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice