UK Immigration Rule Updates: Key Changes for Employers &

Recent UK immigration rule updates introduce higher salary thresholds, expanded Electronic Travel Authorisation (ETA) requirements, stricter suitability checks, and tighter dependant rules across work and study routes. For employers and applicants, these changes require precise adherence to updated Standard Occupational Classification codes, enhanced right to work verification, and proactive licence management to avoid application refusals and compliance penalties. Navigating these rules successfully requires understanding the interplay between statutory thresholds, transitional protections, and mandatory reporting obligations.

Overview of Major UK Immigration Rule Changes

Recent statements of changes to the Immigration Rules have transformed key components of the UK immigration system. The primary drivers of these reforms are raising salary baselines to reflect median UK earnings, transitioning from physical immigration documents to a fully digital immigration status framework, and standardising criminal suitability thresholds across all routes.

Key changes that impact employers, sponsored workers, and prospective applicants include:

• Higher Minimum Salary Thresholds: General salary thresholds under the Skilled Worker route have increased significantly, accompanied by a transition to the SOC 2020 occupational classification system, which raised individual going rates across qualifying roles.
• Restricted Dependant Rights: Restrictions on bringing dependants have been enforced for international students on non-research postgraduate courses and overseas care workers sponsored under specific occupation codes.
• Digital Border Implementation (ETA): The phased rollout of the Electronic Travel Authorisation scheme requires non-visa nationals to secure pre-travel clearance before visiting the UK or transiting through UK airports.
• Transition to eVisas: The Home Office is phasing out physical documents, including Biometric Residence Permits (BRPs), Biometric Residence Cards (BRCs), and passport vignette stickers, replacing them with online digital immigration records.
• Expanded Suitability and Criminality Grounds: Part 9 of the Immigration Rules now applies stricter standards to suspended custodial sentences, treating suspended sentences of 12 months or more on par with immediate custodial sentences for refusal decisions.
• Transitional Provisions: Distinct salary baselines and allowances apply to individuals already in the Skilled Worker route before the implementation of higher salary thresholds, creating a two-tier compliance framework that employers must navigate carefully.

Sponsoring Skilled Workers: Key Eligibility Criteria and Salary Thresholds

To sponsor an overseas national under the Skilled Worker route, employers must ensure the role meets the required skill level, assign a valid Certificate of Sponsorship (CoS), and pay at least the relevant minimum salary threshold. Following updates to Appendix Skilled Worker, qualifying roles must generally be skilled to at least Regulated Qualifications Framework (RQF) Level 3 (equivalent to A-levels), though individual occupations carry distinct salary baselines.

General Thresholds and Tradeable Points

Under the standard Skilled Worker rules (for applicants entering the route on or after 4 April 2024), an applicant must be paid a salary that equals or exceeds both the general threshold and 100 percent of the occupation's specific going rate as set out in Table 1 of Appendix Skilled Occupations.

Where an applicant does not meet the baseline general threshold or full going rate, they may trade points under specific options:

• Option A (Standard Baseline): The general threshold is £38,700 per year, and the applicant must receive at least 100 percent of the full going rate for the SOC 2020 code.
• Option B (Relevant PhD): If the applicant holds an educational qualification that is a relevant PhD, the general threshold is £34,830, and the salary must equal at least 90 percent of the going rate.
• Option C (STEM PhD): If the applicant holds a relevant PhD in a science, technology, engineering, or mathematics (STEM) subject, the general threshold is £30,960, and the salary must equal at least 80 percent of the going rate.
• Option D (Immigration Salary List): If the job is listed on the Immigration Salary List (ISL), the general threshold is £30,960, and the salary must equal at least 100 percent of the going rate.
• Option E (New Entrant): If the applicant qualifies as a new entrant to the labour market, the general threshold is £30,960, and the salary must equal at least 70 percent of the going rate.

In all cases, the applicant must also receive at least £15.88 per hour. If an applicant's annual salary meets the general threshold but their hourly rate falls below £15.88 based on contracted hours, the application will be refused.

Transitional Provisions for Pre-4 April 2024 Workers

Workers who held valid permission as a Skilled Worker under a Certificate of Sponsorship assigned before 4 April 2024, and who have continuously held permission in the route since that date, benefit from transitional provisions under Table 2 of Appendix Skilled Occupations. These rules apply when they extend their permission, change sponsors, or apply for settlement before 1 December 2030.

Under transitional rules (Options F to K):

• Option F (Standard Transitional Baseline): The general threshold is £29,000, and the salary must equal at least 100 percent of the lower going rate based on the 25th percentile of earnings.
• Option G (Relevant PhD Transitional): The general threshold is £26,100, and the salary must equal at least 90 percent of the lower going rate.
• Option H (STEM PhD Transitional): The general threshold is £23,200, and the salary must equal at least 80 percent of the lower going rate.
• Option I (Immigration Salary List Transitional): The general threshold is £23,200, and the salary must equal at least 100 percent of the lower going rate.
• Option J (New Entrant Transitional): The general threshold is £23,200, and the salary must equal at least 70 percent of the lower going rate.
• Option K (Health and Care Transitional Roles): The general threshold is £23,200, applying to specific health and education roles covered by national pay scales.

The minimum hourly rate under transitional provisions is £11.90 per hour.

Step-by-Step Sponsorship and Application Workflow

Sponsoring a worker requires completing a sequential administrative process. Errors at any stage can lead to Certificate of Sponsorship cancellation, application refusal, or the forfeiture of Home Office fees.

[Step 1: Licence Check & CoS Allocation]
  │
  ▼
[Step 2: Assign CoS & Pay ISC]
  │
  ▼
[Step 3: Visa Application Submission]
  │
  ▼
[Step 4: Biometrics & Identity Verification]
  │
  ▼
[Step 5: Home Office Decision & RTW Check]

Step 1: Sponsor Licence Check and CoS Allocation

Before assigning sponsorship, the employer must ensure their sponsor licence is active, rated A, and authorised for the Skilled Worker route. The employer must identify whether they require a Defined CoS or an Undefined CoS:

• Defined CoS: Required for candidates applying for entry clearance from outside the UK. The sponsor must submit an individual application for a Defined CoS via the Sponsorship Management System (SMS), detailing the SOC code, job description, hours, and proposed salary. The Home Office reviews each request before granting allocation.
• Undefined CoS: Used for candidates applying for permission to stay from inside the UK (such as extensions, changes of employment, or in-country switches from qualifying routes). These are drawn from the sponsor's annual allocation.

Decision Point: If the Home Office issues a request for further information on a Defined CoS application, the sponsor must respond within the stated deadline (typically 10 working days). Failure to satisfy the caseworker that the vacancy is genuine and meets skill and salary rules will result in rejection of the CoS request.

Step 2: Assigning the Certificate of Sponsorship and Paying Levies

Once the allocation is available, the Level 1 User assigns the CoS to the individual worker via the SMS. During this step, the sponsor must:

1. Select the correct 4-digit SOC 2020 occupation code.
2. State the gross guaranteed basic annual salary (excluding bonuses, allowances, or overtime unless permitted by specific route rules).
3. Pay the CoS assignment fee of £239.
4. Pay the Immigration Skills Charge (ISC), unless an exemption applies (for example, where the worker is switching from a Student visa, where the CoS is assigned for under 6 months, or for specific occupation codes like higher education lecturers and researchers).

Statutory Fees for the Immigration Skills Charge: For small or charitable sponsors, the charge is £364 for the first 12 months, plus £182 for each additional 6 months. For medium or large sponsors, the charge is £1,000 for the first 12 months, plus £500 for each additional 6 months.

Step 3: Online Visa Application Submission

The applicant completes the online visa application form using the unique CoS reference number within 3 months of assignment. The applicant must:

• Pay the Visa Application Fee (ranging from £719 to £1,639 depending on visa duration, location of application, and whether the job is on the Immigration Salary List).
• Pay the Immigration Health Surcharge (IHS) at the statutory rate of £1,035 per year of permission requested (or £776 per year for students, children, and Youth Mobility Scheme applicants). Health and Care Worker applicants are exempt from the IHS.
• Provide evidence of meeting the English language requirement to at least CEFR level B1 in reading, writing, speaking, and listening (via a Secure English Language Test, an eligible degree taught in English with Ecctis certification, or nationality of an exempt majority English-speaking country).
• Provide evidence of meeting the financial maintenance requirement (£1,270 held in personal funds for at least 28 consecutive days), unless the A-rated sponsor has certified maintenance on the CoS.

Step 4: Biometrics and Identity Verification

The applicant verifies their identity using either the "UK Immigration: ID Check" mobile application (for eligible biometric passport holders) or by attending a physical Visa Application Centre (VAC) or UK Visa and Citizenship Application Services (UKVCAS) service point to provide fingerprints and a facial photograph.

Applicants using the mobile app are issued a digital immigration status (eVisa). Applicants attending a physical appointment who hold non-digital status must create an online UK Visas and Immigration (UKVI) account to link and access their eVisa.

Step 5: Home Office Decision and Right to Work Verification

Once the Home Office grants permission, the employer must conduct a statutory Right to Work (RTW) check before the worker commences employment. Because the Home Office has transitioned to digital status, the worker provides the employer with a share code generated via the GOV.UK "View and Prove" service. The employer inputs the share code and worker's date of birth into the employer online checking service, verifies that the photograph matches the individual, and stores a copy of the profile output in accordance with Appendix D record-keeping requirements.

Decision Point: If the visa is refused, the sponsor must not allow the worker to start or continue working. The applicant may submit an Administrative Review within 14 days (for in-country applications) or 28 days (for overseas applications) if an administrative or caseworking error occurred.

Electronic Travel Authorisation (ETA) and the Digital Border Rollout

The Electronic Travel Authorisation (ETA) is a mandatory digital pre-clearance requirement for non-visa nationals visiting or transiting through the UK. The Home Office has phased in the scheme across non-visa countries, requiring visitors who previously travelled without advance paperwork to secure an approved digital authorization before boarding transport to the UK.

[Travel Plan Formed] ──► [Apply via UK ETA App (£16)]
                                │
                ┌───────────────┴───────────────┐
                ▼                               ▼
        [Approved (3 Days)]             [Refused by UKVI]
                │                               │
                ▼                               ▼
     [Travel to UK Authorised]       [Must Apply for Standard Visitor Visa]

Key Mechanics of the ETA System

• Cost: £16 per applicant.
• Validity: Up to 2 years, or until the holder's passport expires, whichever occurs first. It permits multiple entries for short stays (up to 6 months per visit) for tourism, visiting family, permitted business activities, or short-term study.
• Application Process: Completed entirely through the official "UK ETA" app on mobile devices, or online via GOV.UK if mobile access is unavailable. Applicants must submit passport details, a digital photograph, and answer security, criminality, and immigration history suitability questions.
• Processing Standard: Decisions are typically delivered within 3 working days, though many are processed automatically within hours.

Exemptions and Carrier Enforcement

The following individuals are exempt from obtaining an ETA:

• British citizens and Irish citizens.
• Holders of valid UK visas, entry clearance, or permission to enter/remain (including those holding settled or pre-settled status under the EU Settlement Scheme).
• Dual British or Irish citizens travelling on their valid British or Irish passport.
• Legal residents of Ireland who are non-visa nationals travelling from Ireland into the UK within the Common Travel Area.

Carriers (airlines, maritime operators, and international rail operators) are legally mandated to verify that a non-visa national holds a valid ETA or alternative digital immigration status before permitting them to board. If a carrier allows a passenger to travel without a valid ETA or entry clearance, the carrier is subject to statutory civil penalties.

Decision Point: An ETA is not a visa; it does not grant entry to the UK. It grants permission to travel to the border, where a Border Force officer or automated e-Passport gate assesses entry. If an ETA is refused due to adverse immigration history or criminality, the individual cannot travel under the scheme and must apply for a Standard Visitor Visa to enter the UK.

Broadened Grounds for Refusal: Enhanced Criminality and Suitability Rules

The Home Office has amended Part 9 of the Immigration Rules (General Grounds for Refusal) to tighten criminality thresholds across visitor, entry clearance, permission to stay, settlement, and ETA applications.

Treatment of Suspended Sentences

A critical update is the revised treatment of suspended custodial sentences. Previously, suspended sentences were often treated distinctly from immediate custodial sentences for suitability assessments unless they fell under specific discretionary refusal thresholds.

Under updated rules:

• Suspended Sentences of 12 Months or More: A suspended custodial sentence of 12 months or longer is treated the same as an immediate custodial sentence of the same length.
• Mandatory Refusal for Entry Clearance and Settlement: An applicant who has received a custodial sentence (or a suspended sentence of 12 months or more) in the UK or overseas will face mandatory refusal if the sentence was 12 months or longer, regardless of when the sentence occurred, unless human rights considerations (such as Article 8 ECHR) override the suitability ground.
• Sentences Under 12 Months: For sentences under 12 months (whether immediate or suspended), or non-custodial sentences, mandatory refusal applies if less than 12 months have passed since the end of the sentence or conviction date, or discretionary refusal may apply where the applicant is deemed a persistent offender or their character makes granting permission undesirable.

Application to ETA and Visitor Clearances

The ETA scheme incorporates these suitability standards. An ETA application will be refused where the applicant has:

1. Been convicted of a criminal offence in the UK or overseas resulting in a custodial sentence of 12 months or more (including suspended sentences of 12 months or more).
2. Been convicted of an offence within the last 12 months that resulted in a custodial sentence of less than 12 months (or equivalent non-custodial outcome).
3. Previously breached UK immigration laws (such as overstaying, working illegally, or making false representations), unless specific exceptions apply.

Applicants with any criminal conviction, regardless of age or disposal type, must declare it on immigration and ETA forms. Failure to declare a conviction constitutes deception under paragraph 9.7.1 or 9.7.2 of Part 9, triggering a mandatory refusal and a potential 10-year ban on future applications.

Route-Specific Rule Updates and Transitional Provisions

Health and Care Worker Route and Dependant Bans

The Health and Care Worker sub-category within the Skilled Worker route contains specific operational constraints:

• CQC Registration Mandate: Employers in England sponsoring care workers under SOC 6145 (Care workers and home carers) and SOC 6146 (Senior care workers) must be actively registered with the Care Quality Commission (CQC) and currently operating regulated activities. Sponsorship by non-CQC registered bodies in England for these roles is prohibited.
• Dependant Ban: Workers sponsored under SOC 6145 or SOC 6146 are barred from bringing dependants (partners and children) to the UK, unless the applicant was already sponsored under the route before the change and has held continuous permission without switching to an ineligible category.

Graduate Route and UK-Born Children Provision

The Graduate route remains an unsponsored 2-year post-study work visa (3 years for doctoral graduates). While Graduate visa holders cannot sponsor new dependants who were not already dependants during their Student visa permission, an important administrative correction applies to children born in the UK:

• A child born in the UK to a parent who holds permission under the Graduate route can apply in-country to obtain permission as a dependant in line with the parent's leave.
• The child's birth certificate showing both parents' names must be provided alongside proof of cohabitation and maintenance.

Scale-up, Global Business Mobility, and Innovator Founder Updates

• Scale-up Route: The rules explicitly recognise periods of statutory neonatal leave alongside maternity, paternity, shared parental, and adoption leave when calculating continuous earnings for the unsponsored extension stage.
• Global Business Mobility (Senior or Specialist Worker): The minimum salary threshold for Senior or Specialist Workers is £48,100 per year or 100 percent of the occupation's Table 1 going rate, whichever is higher.
• Innovator Founder Route: Endorsing bodies must conduct formal contact point meetings at regular intervals (at least 12 months and 24 months). Caseworkers assess evidence that the business concept remains innovative, viable, and scalable.

EU Settlement Scheme (EUSS) Adjustments

• Automated Extensions: The Home Office applies automated extensions of pre-settled status (typically for 2 to 5-year periods) to eligible individuals who have not yet transitioned to settled status, updating their digital records automatically.
• EUSS Travel Permits: Biometric fingerprint requirements for EUSS travel permit applications have been streamlined, reducing logistical barriers for family members of EEA citizens travelling to the UK to join their sponsor.
• Joining Family Members: Stricter evidential standards apply to late applications. Applicants must show "reasonable grounds" for missing the original 30 June 2021 deadline, supported by objective third-party documentation.

Evidential Framework: What Documents Are Required and How Caseworkers Assess Them

Caseworkers assess applications based on objective, documentary evidence verified against external and cross-departmental databases. Employers and applicants must assemble clear, unedited documentation matching the details declared on the Certificate of Sponsorship and application forms.

[Employer Submits CoS via SMS]         [Applicant Lodges Visa Application]
              │                                        │
              ▼                                        ▼
    [HMRC RTI & PAYE Data]                [Bank Statements / Ecctis / TB]
              │                                        │
              └───────────────────┬────────────────────┘
                                  ▼
                 [Caseworker Compliance Verification]
                                  │
                    ┌─────────────┴─────────────┐
                    ▼                           ▼
        [Documents Match Rules]       [Discrepancy / Failure]
                    │                           │
                    ▼                           ▼
            [Permission Granted]        [Refusal / Revocation]

Mandatory Documents for Skilled Worker Applications

1. Valid Passport or Travel Document: Must contain at least one blank page for vignette insertion if attending a VAC, and must be valid at the date of application.
2. Certificate of Sponsorship Reference: The unique 11-character alphanumeric code provided by the sponsor.
3. English Language Evidence:
   • SELT pass certificate reference from an approved provider (such as IELTS SELT Consortium, Pearson, Trinity College London, or LanguageCert).
   • Ecctis confirmation letter and certificate of comparability for foreign degrees.
   • UK degree certificate or official university transcript.
4. Financial Evidence (Maintenance): Bank statements covering a 28-day period with ending balance within 31 days of application showing at least £1,270, unless the sponsor has certified maintenance (marked 'Y' on the CoS under "Sponsor certifies maintenance").
5. Tuberculosis (TB) Certificate: Required if applying from a country listed in Appendix T for a stay exceeding 6 months, issued by an approved Home Office testing clinic.
6. Criminal Record Certificate: Required for specific occupation codes (such as healthcare, education, therapy, and social work) for any country where the applicant has resided for 12 months or more within the preceding 10 years while aged 18 or over.

How Caseworkers Assess Applications

Caseworkers follow standard operating procedures to verify eligibility:

• HMRC Real Time Information (RTI) Matching: For in-country extensions and settlement, caseworkers cross-reference the applicant's declared salary against HMRC PAYE records via automated data-sharing protocols. If the PAYE data shows an actual salary lower than the rate stated on the previous CoS, the caseworker will issue an invitation to comment or refuse the application for failure to meet salary conditions.
• Genuine Vacancy Assessment: Under paragraph SW 1.5 of Appendix Skilled Worker, the caseworker assesses whether the role exists, whether the job descriptions have been exaggerated to meet an ineligible SOC code or threshold, and whether the applicant possesses the necessary skills, qualifications, and professional registrations.
• Ecctis PhD Verifications: Where tradeable points are claimed under Options B, C, G, or H, the caseworker cross-references the Ecctis reference number to verify that the PhD is in a qualifying discipline (and specifically STEM for Options C and H).

Employer Compliance Duties and Licence Maintenance

Holding a sponsor licence is a privilege, not a right. Employers must comply with the reporting and record-keeping duties detailed in the Home Office guidance for sponsors (Workers and Temporary Workers).

Mandatory Reporting Duties via the Sponsorship Management System (SMS)

Sponsors must report specific events via the SMS within strict statutory timeframes:

• 10 Working Days Reporting Triggers:
  • A sponsored worker fails to start work on their agreed start date, including reasons for non-attendance (for example, illness or travel disruption).
  • A sponsored worker is absent from work for more than 10 consecutive working days without authorised leave.
  • A sponsored worker's contract is terminated early (resignation, dismissal, or redundancy).
  • A sponsored worker switches immigration route or changes job within the same organisation to a role requiring a different SOC code.
  • A significant salary reduction occurs due to permitted maternity, paternity, adoption, parental, or long-term sick leave.
• 20 Working Days Reporting Triggers:
  • Changes to the organisation's name, registered address, or operating premises.
  • Changes in ownership, corporate structure, mergers, takeovers, or insolvency events.
  • Changes to Key Personnel (Authorising Officer, Key Contact, or Level 1 Users).

Appendix D Record-Keeping Requirements

Sponsors must maintain comprehensive digital or physical files for every sponsored worker for the duration of sponsorship and until one year after sponsorship ceases, including:

• Copies of the initial and any subsequent Right to Work checks.
• Detailed copy of the contract of employment specifying working hours, base salary, duties, and workplace locations.
• Payroll records demonstrating actual gross and net payments made via bank transfer (cash payments are prohibited for sponsored workers).
• Proof of recruitment practices and genuine vacancy evidence (such as job adverts, interview notes, and candidate scoring matrices) if the role was advertised.
• Copies of professional accreditations, registrations, or regulatory licences required to practice the profession in the UK.
• Accurate records of worker absences, sickness, and annual leave.

Consequences of Compliance Failures: If the Home Office determines that an employer has failed to meet their reporting or record-keeping duties, it can suspend the licence, downgrade the licence to a B-rating (imposing an action plan and associated fee), or revoke the licence entirely. Licence revocation leads to the immediate curtailment of all sponsored workers' visas to 60 days.

Edge Cases and Complex Scenarios

Immigration rules contain distinct provisions for non-standard circumstances. Employers and applicants must evaluate these edge cases before submitting filings.

Dependants and Family Restrictions

• Switching Dependant Status: Individuals holding dependant status on another route (such as Student or Skilled Worker) can switch in-country into a Skilled Worker visa in their own right, provided they satisfy all core criteria and are not in the UK under visitor status or temporary admission.
• Children Turning 18: If a dependant child reaches the age of 18 while in the UK, they can continue to apply for extensions as a dependant, provided they remain part of the family unit, do not lead an independent life (such as being married or living independently without parental financial support), and initially entered as a child dependant.

Absences and Continuous Residence for Settlement

To qualify for Indefinite Leave to Remain (ILR) under the Skilled Worker or Scale-up routes, applicants must satisfy the continuous residence requirements set out in Appendix Continuous Residence:

• The 180-Day Rule: The applicant must not have spent more than 180 days outside the UK in any rolling 12-month period during the 5-year qualifying period.
• Permitted Exceptions: Absences exceeding 180 days do not break continuous residence if they are due to:
  • Assisting with a national or international humanitarian or environmental crisis overseas.
  • Travel disruption due to natural disasters, pandemics, or severe military conflict.
  • Compelling and compassionate personal circumstances (such as life-threatening illness of the applicant or a close family member), evidenced by official medical records.
• Calculation Methodology: Caseworkers calculate the 180-day limit on a rolling basis across any 12-month period within the qualifying five years, rather than by fixed calendar or visa-grant years.

Transitional Protections for Existing Visa Holders

Where a worker sponsored before 4 April 2024 changes employers, they can continue to rely on the lower Table 2 transitional salary rates, provided they remain continuously sponsored in the Skilled Worker category. However:

• If they have a break in continuous leave or switch into an unsponsored route (such as the Graduate or Global Talent route) and subsequently return to the Skilled Worker route, they forfeit transitional protections and must meet the higher Table 1 thresholds.
• If they change to an occupation with a new SOC 2020 code, the new role must meet 100 percent of the lower Table 2 going rate for that new occupation code, or the general threshold of £29,000, whichever is higher.

Switching Routes in-Country

Applicants can switch into the Skilled Worker route from within the UK unless their current permission is held under an excluded category:

• Excluded Switching Categories: Visitor, Short-term Student, Parent of a Child Student, Seasonal Worker, Domestic Worker in a Private Household, or leave outside the Immigration Rules.
• Student Switching Conditions: A Student visa holder can switch into the Skilled Worker route only if they have completed their course of study, or are studying a degree-level course or above and the Certificate of Sponsorship start date is after the course completion date, or they have completed at least 24 months of study toward a PhD.

Timing and Gap Management

• Section 3C Leave: Under Section 3C of the Immigration Act 1971, if an applicant submits an in-time, valid in-country application for permission to stay before their existing visa expires, their lawful status, right to work, and sponsorship terms are automatically extended pending the Home Office's decision and any subsequent administrative review.
• Application Validity: To secure Section 3C leave, the application fee and Immigration Health Surcharge must be paid, and the online submission must occur before 23:59 on the expiry date. Failure to assign the CoS or submit before midnight leads to overstaying, which cancels working rights and triggers mandatory refusal considerations under Part 9.

Common Mistakes and Refusal Triggers

Application refusals often stem from administrative oversights rather than substantive ineligibility. The following errors trigger immediate caseworking scrutiny and potential refusal.

Incorrect SOC Code Selection and Misaligned Job Duties

Selecting a SOC code purely based on job title rather than actual job tasks is a common error. Caseworkers evaluate the actual duties stated on the CoS against the ONS Occupational Coding Tool.

Consequence: If the caseworker concludes that the role belongs to a different SOC code with a higher going rate, or that the job duties have been drafted to fit an ineligible lower-skilled code, the CoS will be cancelled and the visa refused under the genuine vacancy rule.

Salary Calculation Errors (Pro-Rata and Working Hours)

Under Appendix Skilled Worker, going rates in Table 1 and Table 2 are calculated on a standard 37.5-hour working week (unless otherwise stated in the relevant SOC code table). If an employee works more or fewer hours, the going rate must be pro-rated accordingly.

Example Calculation: An occupation carries a listed going rate of £45,000 based on a 37.5-hour working week. If the applicant is contracted to work 40 hours per week, the applicable going rate is:

$$\text{Applicable Going Rate} = £45,000 \times \left(\frac{40}{37.5}\right) = £48,000$$

If the sponsor states a salary of £45,000 on the CoS for a 40-hour week, the application will be refused because the pro-rated salary falls below the required threshold, even though the headline figure matched the unadjusted Table 1 amount.

Failing to Pay the Correct Immigration Skills Charge (ISC)

Sponsors must ensure they select the correct company size during the CoS assignment:

• If a medium or large company incorrectly selects the small company charge (£364/year instead of £1,000/year), the Home Office will send an automated payment request with a strict 10-day deadline.
• Failure to pay the top-up fee within the mandatory timeframe will result in the CoS being marked invalid and the visa application refused.

Inappropriate Undefined vs Defined CoS Requests

Assigning an Undefined CoS to an overseas applicant requiring entry clearance, or requesting a Defined CoS for an in-country applicant, breaches Home Office rules.

Consequence: The in-country application will be rejected as invalid or refused, and the sponsor may face an immediate compliance audit for circumventing allocation controls.

Non-Disclosure of Minor Convictions or Cautions

Failing to disclose traffic offences resulting in court convictions, driving disqualifications, or spent cautions on the belief that they "do not count" triggers mandatory suitability reviews under Part 9.

Consequence: Caseworkers perform automated checks against the Police National Computer (PNC). Undisclosed offences result in refusal for false representation and deception under paragraph 9.7.1, carrying a 10-year ban on future UK entry.

Practical Next Steps for Employers and Visa Applicants

Managing UK immigration compliance requires structured oversight of sponsorship mechanisms, salary baselines, and individual worker timelines.

To ensure full compliance under current rules:

1. Conduct an Internal Sponsor Licence Audit: Review all active sponsored workers against their CoS assignments, verifying that salaries, job titles, and workplace locations match current PAYE records and SMS records.
2. Update Recruitment Salary Baselines: Adjust internal HR pay bands to ensure prospective international hires meet the higher Table 1 salary thresholds and hourly baselines (£15.88 per hour minimum).
3. Implement Digital Status (eVisa) Procedures: Transition HR record-keeping systems to handle digital share codes exclusively, ensuring right-to-work files comply with revised Appendix D guidance.
4. Prepare Non-Visa Nationals for ETA Compliance: Inform non-visa national business visitors and overseas personnel of the mandatory requirement to obtain an approved Electronic Travel Authorisation prior to booking UK travel.
5. Review Approaching Visa Expiries Early: Identify employees nearing the end of their current leave at least 3 to 6 months in advance to determine whether transitional provisions apply and to ensure in-time CoS assignments and visa submissions.

Reviewed by Wesbridge Associates team on 31 August 2026. We check our published guidance against GOV.UK and current Home Office rules.

Frequently asked questions

Common questions on this topic, answered by our advisers.

What is the Electronic Travel Authorisation (ETA) scheme and when does it become mandatory?

How are the UK immigration rules changing for settlement applications?

What are the latest updates regarding criminality provisions in UK immigration rules?

What is the current minimum salary requirement for the Skilled Worker visa?

How have changes affected Health and Care Worker visa applications and dependants?