Error with Going Rates for certain Skilled Worker Occupation Codes!

Since 4 April 2024, inter alia, to meet the sponsorship requirements for a Skilled Worker, an individual must (1) have a job that is at the appropriate skill level (at RQF level 3), (2) be working for a UK employer that holds a valid sponsor licence approved by the UK Home Office, (3) be paid at least the minimum salary rate for the job role on offer and (4) the minimum salary must be the highest of £38,700 per year or the ‘going rate’ as set out in the Home Office’s list of Occupation Codes (which sets out the salary going rates for eligible roles in sponsorship routes). The minimum salary may be lower if the Skilled Worker is extending their Skilled Worker visa or updating it because they have a new job or employer.

A sponsor must make sure the job meets all the sponsorship requirements and if it does not do this, the individual’s visa application will be refused.

On 28 August 2024, the Home Office notified licensed sponsors via their online Sponsor licence Management System (SMS) account, that, after the Immigration Rule changes of April 2024 contained in HC 590, the current Appendix Skilled Worker Occupation Codes of the Immigration Rules contains several errors. In particular, some of the going rates (i.e. market rates) stated in the Immigration Rules are too high! A screenshot of the notification on the SMS is set out below:

Where can I find the correct rates?

If you are a SMS user (Level 1 or Level 2) on a licence you must ensure you view the correct, lower going rates before assigning Certificates of Sponsorship (aka work permits) under the Skilled Worker route. You must use the following guidance link which has been updated since 10 July 2024 to reflect the correct rates, rather than relying on the link in the Immigration Rules

https://www.gov.uk/government/publications/skilled-worker-visa-going-rates-for-eligible-occupations/skilled-worker-visa-going-rates-for-eligible-occupation-codes .

We understand the Immigration Rules will be updated with the correct, lower rates in the autumn. However, it is unclear if the Home Office are reviewing rejected applications pre-10 July (based on the incorrect Codes) and now approving them.

Which Codes were affected by the error?

If you compare the going rates in the Appendix Skilled Worker Occupation Codes link in the Rules and the above guidance, it appears the following Occupation Codes are impacted:

• Codes under the standard going rate:
  • 1163 Senior officers in fire, ambulance, prison and related services;
  • 1253 Hairdressing and beauty salon managers and proprietors;
  • 1257 Hire services managers and proprietors;
  • 2112 Biological scientists;
  • 2462 Probation officers;
  • 2464 Youth work professionals;
  • 3411 Artists;
  • 3413 Actors, entertainers and presenters;
  • 3429 Design occupations not elsewhere classified;
  • 3512 Ship and hovercraft officers;
  • 5232 Vehicle body builders and repairers;
  • 5243 Tv, video and audio servicers and repairers;
  • 5314 Roofers, roof tilers and slaters; and
  • 8232 Marine and waterways transport operatives.
• Codes under the lower going rate:
  • 1134 Purchasing managers and directors;
  • 1135 Charitable organisation managers and directors;
  • 1162 Senior police officers;
  • 1163 Senior officers in fire, ambulance, prison and related services;
  • 1212 Managers and proprietors in forestry, fishing and related services;
  • 1253 Hairdressing and beauty salon managers and proprietors;
  • 1257 Hire services managers and proprietors;
  • 2112 Biological scientists;
  • 2141 Web design professionals;
  • 2142 Graphic and multimedia designers;
  • 2317 Teachers of English as a foreign language;
  • 2435 Professional/chartered company secretaries;
  • 2471 Librarians;
  • 3224 Counsellors;
  • 3314 Prison service officers (below principal officer);
  • 3411 Artists;
  • 3413 Actors, entertainers and presenters;
  • 3422 Clothing, fashion and accessories designers;
  • 3429 Design occupations not elsewhere classified;
  • 3531 Brokers;
  • 3572 Careers advisers and vocational guidance specialists;
  • 4113 Officers of non-governmental organisations;
  • 5212 Metal plate workers, smiths, moulders and related occupations;
  • 5221 Metal machining setters and setter-operators;
  • 5232 Vehicle body builders and repairers;
  • 5235 Boat and ship builders and repairers;
  • 5243 Tv, video and audio servicers and repairers;
  • 5245 Security system installers and repairers;
  • 5314 Roofers, roof tilers and slaters;
  • 5423 Print finishing and binding workers; and
  • 8232 Marine and waterways transport operatives.

What does this error mean for Sponsors?

A sponsored worker who is dismissed for a reason relating to their immigration status may have a claim against their employer for race discrimination. This error may be cause for an employment law claim where the incorrectly stated going rates in the Appendix Occupation Codes will have given a sponsor the wrong impression that their employee did not meet the minimum salary requirements of the Skilled Worker route when they in fact did; and they were dismissed as a result. Having said that, our view is that such a claim would have difficulties where any decision not to recruit/to terminate employment was made in reliance on (albeit incorrect) government salary guides. Separately, you may need to review any higher salaries you had to offer to keep a sponsored employee. If you are affected by this, we can put you in touch with our employment law team to discuss it further.

Going forward, Sponsors must consider the corrected, lower going rates contained in the guidance until the Occupation Codes in the Immigration Rules are corrected in the autumn.

If you have been affected by the above Occupation Codes error, please do not hesitate to contact your usual Immigration contact at Doyle Clayton, or complete an enquiry form down below.