The UK government has introduced new rules that change how salary compliance may be assessed for the Skilled Worker visa route. The change takes effect on 8 April 2026.
Previously, Skilled Worker visa salary compliance was assessed primarily by reference to the annual salary recorded on the Certificate of Sponsorship and the worker’s employment contract. Under the updated framework, UK Visas and Immigration (UKVI) may also examine how salary is paid during defined pay periods.
This means that payroll records, payslips and working hours data may now play a greater role in assessing whether a Skilled Worker is being paid the salary required under the Immigration Rules.
How the new rule affects Skilled Worker visa holders
The introduction of paragraph SW 14.3B allows the Home Office to assess salary payments across defined pay periods rather than relying solely on the annual salary figure.
The rule also requires that the worker is paid the required salary in pay periods of at least monthly frequency, or as otherwise specified in their employment contract.
Under the new provision, the salary paid in each pay period must equal or exceed the going rate for every hour worked in that pay period. This introduces a pay-period salary test alongside the existing annual salary requirement for the Skilled Worker route.
If salary paid during a particular pay period falls below the required level, and this cannot be justified under the permitted averaging provisions, UKVI may treat the situation as salary non-compliance for immigration purposes.
Averaging provisions under the Skilled Worker rules
The Immigration Rules still allow limited payroll fluctuation within defined averaging windows.
If the worker is paid monthly or less frequently, the salary paid across any three-month period must be at least equal to one quarter of the required annual salary.
If the worker is paid more frequently than monthly, the salary paid across any twelve-week period must be at least equal to 12/52 of the required annual salary.
These provisions allow short-term variation in payroll while maintaining a measurable minimum level of salary across the relevant period.
Where working hours vary each week, a longer averaging provision applies. In these cases, the salary paid across any seventeen-week period must equal at least 17/52 of the required annual salary.
This recognises that some roles involve variable working hours while still requiring overall salary compliance.
The rules also address situations where salary may fall below the relevant thresholds because salary subtractions permitted under SW 14.2(a) are deducted over a shorter period than the overall sponsorship period. In those circumstances, the sponsor must confirm that the reduction results from those permitted salary subtractions rather than underpayment.
Why the rules have been introduced
Before this amendment, the Immigration Rules did not contain detailed provisions governing how salary should be distributed across pay periods.
In practice, salary fluctuations during the year could occur provided the annual salary ultimately met the required threshold and the relevant occupation going rate.
The new rule addresses situations where salary payments may fall below the required level during the year and are corrected later through higher payments.
By linking salary compliance more directly to payroll periods, the Home Office can assess whether workers are being paid the required salary throughout the sponsorship period.
Implications for Skilled Worker visa holders
For Skilled Worker visa holders, the change means that salary payments during employment may be examined in greater detail during sponsor compliance checks.
UKVI may review payslips, payroll records and working hours data to confirm that the salary paid corresponds with the required immigration salary level.
This may be particularly relevant where salary arrangements involve fluctuating hours, variable pay structures or uneven pay distribution across the year.
Workers should therefore ensure that their salary payments match the terms recorded on the Certificate of Sponsorship and the applicable salary requirements under the Skilled Worker route.
Implementation date and transitional rules
The new pay period rule introduced by paragraph SW 14.3B takes effect on 8 April 2026.
Under the transitional provisions in HC 1691, applications made using a Certificate of Sponsorship assigned before 8 April 2026 will normally be decided under the Immigration Rules in force on 7 April 2026.
Applications that do not require a Certificate of Sponsorship and were made before that date will also be decided under the previous rules.
Applications falling outside these transitional arrangements will be assessed under the updated salary compliance framework introduced by paragraph SW 14.3B.
