Updates to the Salary Requirements for Tier 2 migrant workers, and compliance requirements for sponsors

The Home Office has issued an Addendum to Tier 2 policy guidance regarding minimum salary thresholds for Tier 2 and 5 migrant works. There is also an updated requirement for record keeping for all Sponsor Licence holders regarding the entry of migrant workers in the country.

Who will be affected?

• All holders of UK Sponsor Licences who hire migrant workers under the UK Immigration Rules

Background

• The minimum salary requirement for Tier 2 and Tier 5 migrant workers has been revised in light of better market information for a number of occupations, to ensure that sponsorship is managed fairly for all migrant workers and employers.
• In order to ensure full compliance with Immigration Rules and Sponsorship Licence Requirements, sponsors are now required to be able to prove that their sponsored workers entered the UK during the initial validity period of their entry visas.

Impact

• The update to minimum salary levels will impact sponsors looking to sponsor workers under 10 of the Standard Occupation Classification (SOC) Codes as the salary levels for new entrants and experienced workers have been revised.
• Sponsors are now required to retain evidence of the date that their sponsored workers entered the UK for the purpose of work under the Points Based System and should incorporate measures to do this in their compliance procedures.

Implementation

• The change to minimum salary levels on 10 of the SOC Codes is effective from 30 March 2019 although the update was published in August.

Next Steps (or) Actions Required

• Sponsors seeking to sponsor migrant workers under the following SOC Codes; 2111 Chemical scientists, 2112 Biological scientists and biochemists, 2113 Physical scientists, 2114 Social and humanities scientists, 2119 Natural and social science professionals not elsewhere classified, 2232 Midwives, 2311 Higher education teaching professionals, 2412 Barristers and judges, 2431 Architects, 3535 Taxation experts, should check with their immigration counsel if they are unsure that their workers under those codes are being sponsored at a salary that conforms with the new minimum levels.
• Sponsors should retain copies of entry stamps or, in the cases where their sponsored employees entered by using an eGate and do not have an entry stamp, they should retain copies of boarding passes and or flight tickets to evidence that their sponsored employees entered the UK during the initial validity period of their visa.

Santa Fe Analysis:

• Santa Fe UK Immigration can provide compliance audit services to ensure your HR procedures and current records are compliant with the requirements relevant to Sponsor Licence holders.

Should you have any questions, please contact the following:

Koshi Blavo Barna
UK Head of Immigration
Santa Fe Relocation
Tel.: +44 (0) 203 457 3595
Email: ukimmigration@santaferelo.com

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