New payment requirements for Skilled Workers (with a focus on the care sector)

In this article we will explain the changes using a fictitious character, Sebastian Thomas, who is sponsored as a care worker under occupation code 6135 (Care workers and home carers) with a gross annual salary of £30,000. We will also provide action points for sponsors to ensure compliance with these changes.

Baseline rule

Sponsored workers must be paid the required salary in pay periods of at least monthly frequency, unless their contract specifies a different pay frequency.

Example: Sebastian’s employment contract states that he will be paid every month and therefore the baseline rule is that he must be paid at least £2,500 (£30,000/12 months) every month. 

Action for sponsors: Review employment contracts to ensure sponsored workers are being paid at the required frequency.

Going rate rule

The salary paid to sponsored workers in each pay period must equal or exceed the going rate for every hour worked in each pay period.

Example: The applicable going rate for occupation code 6135 is £12.82 per hour. Sebastian worked 160 hours in the month of April 2026 and therefore he must be paid at least £2,051.20 (£12.82 x 160 hours).

Action for sponsors: The Home Office will be monitoring payments to ensure at least the going rate has been paid. Sponsors should review salaries on a monthly basis to ensure sponsored workers are being paid in line with the applicable going rate for each hour worked.

Averaging rules

If the sponsored worker is paid monthly or less frequently than monthly, the salary paid over any three-month period must be at least a quarter of the required annual salary.

Example: Sebastian’s required annual salary is £30,000 and therefore over any three-month period, he must receive at least £7,500 (£30,000 / 12 months x 3 months). 

If the sponsored worker is paid more frequently than monthly, the salary paid over any 12-week period must be at least equal to 12/52 of the required annual salary.

Example: Sebastian’s required annual salary is £30,000 and therefore over any 12-week period, he must receive at least £6,923.07 (£30,000 / 52 weeks x 12 weeks).

Action for sponsors: The Home Office will be monitoring payments to ensure sponsored workers are being paid accordingly. If there is any reason the salary will be lower, for example, a worker is on long term sick leave, maternity leave, unpaid leave etc, the necessary reports should be submitted to the Home Office within the required timeframe. 

Irregular/uneven working pattern rule

If a sponsored worker does not work the same hours each week, resulting in even pay, the working pattern must be confirmed to the Home Office – either at the time the Certificate of Sponsorship is assigned or by way of a report if the working pattern changes at a later date. In such circumstances, the salary over any 17-week period must be at least equal to 17/52 of the required annual salary.

Example: Sebastian’s required annual salary is £30,000 and therefore over any 17-week period, he must receive at least £9,807.69 (£30,000 / 52 weeks x 17 weeks).

Action for sponsors: Within the care sector, it is common for working hours to fluctuate as care providers deal with unexpected changes such as rota updates, hospitalisation and sadly, deaths. Sponsors should therefore report uneven working patterns to the Home Office and monitor pay on a 17-week basis to ensure workers are receiving the required salary.

Final thoughts

Although these payment requirements have been portrayed as “new”, this is not entirely true. These principles, although not so clearly set in stone, have been practiced by the Home Office for a considerable period of time, serving as the basis for many sponsor licence revocations. 

However, by making the position clear in the Immigration Rules and guidance, with limited exceptions, the Home Office now has much clearer, more robust powers to take compliance action if it appears a worker is not being paid in line with the requirements. 

It is therefore crucial for sponsors:

• To know which category each worker falls into;
   
• To monitor each pay period; and 
   
• To have reliable and effective systems in place to notify sponsors if a worker’s salary falls below the required level so that necessary reports can be submitted within the deadlines. 

Taking such a proactive approach will help sponsors stay on top of their salary payments and prevent the suspension or revocation of a licence – an outcome that can be fatal to organisations that rely on sponsored workers, as is typically the case within the care sector.