Bridging the Gap: The Silent Risk in Skilled Worker Transitional Rules

The Statement of Changes to the Immigration Rules, which came into force on 22 July 2025, introduced sweeping reforms to the Skilled Worker route, including the removal of over 100 occupations from eligibility and a sharp rise in the skill threshold from RQF Level 3 to Level 6 as my colleague Charlotte Roach recently highlighted. These changes represent one of the most significant overhauls to the UK’s immigration system in recent years.

However, while the scale of reform is clear, there is a lack of clarity regarding the details of the changes, and the inconsistencies between the Statement of Changes and the changes that were implemented to the Immigration Rules.

The Grey Area: Who Qualifies for Transitional Protection?

The Statement of Changes provided that where a Certificate of Sponsorship (CoS) was assigned before 22 July 2025, an applicant who submitted their Skilled Worker application using the CoS after this date would still be assessed in line with the Immigration Rules in force on 21 July 2025.

However, a key issue has emerged: the Immigration Rules are silent on whether applicants who did not hold a Skilled Worker visa on or before 21 July 2025, but had a  CoS assigned on or before that date, can benefit from the transitional arrangements outlined in the Statement of Changes.

Practical Implications

Under a strict reading of the current Rules:

• These applicants may not meet the new salary thresholds or skill level requirements.
• Their roles may no longer appear in the updated Appendix Skilled Occupations.
• They risk refusal despite having a valid CoS assigned before the cut-off.

This contradiction has created real uncertainty for sponsors and applicants alike, as applications would effectively have to be submitted without knowing whether the eligibility requirements could be met, through no fault of their own.

Clarification from the Home Office

Following our direct engagement with the Home Office, it has been confirmed their position is as follows:

“Those who are assigned a Skilled Worker Certificate of Sponsorship before 22 July 2025 will have their applications considered under the current rules at that time, even if their application is submitted after this date, provided the CoS is still within its normal validity.”

While this assurance is welcome, it remains informal. The Rules themselves have not yet been amended to reflect this position, leaving sponsors and legal advisers in a precarious position when advising applicants.

What Sponsors Should Do Now

With the Skilled Worker route now subject to higher salary thresholds and reduced occupation eligibility, sponsors must:

• Be proactive in seeking legal advice before assigning a CoS.
• Monitor Home Office updates for formal amendments to the Immigration Rules.
• Ensure compliance with sponsor duties to avoid enforcement action.

If you’re navigating Skilled Worker sponsorship or facing uncertainty around transitional arrangements, our immigration team is here to help. We offer tailored and strategic UK Immigration advice to protect your workforce and business operations.