What are the recent essential policy guidance updates for workers?
Published on 4th Jul 2023
Guidance updates from April 2023 have been released for the Skilled Worker category
The Skilled Worker guidance was updated on 12 April 2023, with the minimum salary increased from £25,600 to £26,200. A sponsored migrant applying under the Skilled Worker category must now be paid at least £26,200 per year or £10.75 per hour or the "going rate" for the occupation code. However, there are some exceptions if the sponsored migrant's salary is less than £26,200 per annum. If an exception applies, a sponsored migrant's salary must be at least £20,960 per year and at least the going rate. The exceptions are: that the role is in a shortage occupation; for those under the age of 26, studying or a recent graduate or in professional training; and for migrants with a postdoctoral position in science or higher education.
Another update published in the guidance is in relation to the going rates, which are prorated based on the number of hours the sponsored migrant is contracted to work. The going rates have changed from a 39-hour work week and are now based on a 37.5 hour work week.
The new changes do not impact previous Certificate of Sponsorships assigned pre-12 April 2023. The guidance confirms: "The changes to salary requirements apply only to applications relying on Certificate of Sponsorship issued by sponsors from 12 April 2023."
Guidance update: hybrid working
The sponsor duties and compliance guidance confirms that employers sponsoring migrants are required to report sponsored migrant's hybrid working pattern. The Home Office has defined hybrid working pattern as: "where the worker will work remotely on a regular and planned basis from their home or another address, such as a work hub space, that is not a client site or an address listed on your licence, in addition to regularly attending one or more of your offices or branches, or a client site."
Day to day changes in work location are not required to be reported, but a regular working pattern is required to be reported.
