The UK government has introduced new salary compliance provisions for the Skilled Worker visa route through the Statement of Changes to the Immigration Rules published on 5 March 2026.
The amendment inserts paragraph SW 14.3B into Appendix Skilled Worker and takes effect on 8 April 2026.
The provision changes how salary compliance may be assessed under the Skilled Worker route. Historically, immigration salary requirements were assessed primarily by reference to the annual salary recorded on the Certificate of Sponsorship and the worker’s employment contract.
Under the new framework, UK Visas and Immigration (UKVI) can also examine salary payments across defined pay periods. Payroll records may therefore be used to assess whether the salary paid during particular periods corresponds with the required immigration salary level.
The rule therefore links salary compliance more directly to payroll records and working hours data.
New legal mechanism introduced by paragraph SW 14.3B
Paragraph SW 14.3B introduces a mechanism allowing the Home Office to compare salary paid during defined pay periods with the required annual immigration salary level for the role.
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.
The relevant salary requirement may derive from the occupation going rate or another applicable salary threshold under the Skilled Worker rules.
SW 14.3B further provides that 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 annual salary requirement under the Skilled Worker rules.
If salary paid during the relevant pay period does not correspond with that required level, and the difference cannot be justified under the permitted averaging provisions, UKVI may treat this as salary non-compliance for immigration purposes.
This approach allows salary compliance to be assessed using payroll records rather than relying solely on an annual salary figure.
Averaging provisions within the Skilled Worker rules
The Immigration Rules allow limited salary fluctuation within defined averaging windows.
If the worker is paid monthly or less frequently, salary across any three-month period must equal at least one quarter of the required annual salary. If the worker is paid more frequently than monthly, salary across any twelve-week period must equal at least twelve fifty-seconds of the required annual salary.
These provisions allow short-term variations in payroll while maintaining an objective compliance threshold.
Where working hours vary across the week, a longer averaging provision applies. In these circumstances, salary paid across any seventeen-week period must equal at least seventeen fifty-seconds of the required annual salary.
This provision recognises that some roles involve fluctuating working hours while still requiring salary compliance to be maintained across a defined period.
SW 14.3B also addresses situations where pay may fall below the relevant thresholds because salary subtractions permitted under SW 14.2(a) are deducted over a shorter period than the length of the sponsorship period. In such cases, the sponsor must confirm that the reduction results from those permitted salary subtractions rather than underpayment.
Practical implications of the new rule
The introduction of paragraph SW 14.3B means that payroll documentation may play a greater role in demonstrating compliance with Skilled Worker salary requirements.
Rather than relying mainly on the annual salary figure stated on the Certificate of Sponsorship, UKVI may examine payslips, payroll reports and working hours data to assess whether salary payments correspond with the required immigration salary level.
This may be particularly relevant where salary arrangements involve fluctuating hours, variable pay structures or uneven salary distribution during the year.
Implications for sponsor licence holders
Employers that sponsor Skilled Workers may wish to ensure that payroll systems and employment documentation accurately reflect the salary levels stated on Certificates of Sponsorship.
Payroll records should be capable of demonstrating that salary paid across the relevant pay periods corresponds with the required immigration salary level.
Implications for Skilled Worker visa holders
For sponsored workers, the rule means that salary payments during the sponsorship period may be assessed against defined payroll periods rather than solely against the annual salary figure.
If salary payments fall below the required level during the relevant period and cannot be justified under the permitted averaging provisions, UKVI may consider whether the sponsor is complying with the Skilled Worker salary rules.
Implementation date
The new pay period provision 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.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.
