Skilled Worker Salary Compliance: The Per-Pay-Period Rule (8 April 2026)
A critical change took effect on 8 April 2026: under Immigration Rules paragraph SW 14.3B, Skilled Workers must receive at least the required minimum salary in every individual pay period. A single month below the threshold — even if your annual total is above it — can affect your ILR application. This guide explains the maths, which pay structures fail, and exactly how to check your payslips.
📋 What this guide covers
Quick reference — key facts
- Rule reference:
- Immigration Rules paragraph SW 14.3B
- In force from:
- 8 April 2026 (via Statement of Changes HC 1691)
- What it requires:
- Minimum required salary must be paid in every individual pay period — not averaged annually
- Standard minimum:
- £38,700/year = £3,225/month (for monthly payroll)
- New entrant rate:
- £30,960/year = £2,580/month
- Going rate:
- If the going rate for your SOC code exceeds the standard threshold, the going rate applies each period
- Retroactive:
- No — applies prospectively to pay periods from 8 April 2026 onwards
- Also in force from 8 April 2026:
- Suspended custodial sentence of 12+ months now triggers mandatory ILR refusal
What changed on 8 April 2026
Before 8 April 2026, the Home Office assessed Skilled Worker salary compliance by reviewing total annual earnings. An employer could underpay in some months — for example, because a bonus was delayed to Q4 — and compensate in others. As long as the annual total was above the threshold, the worker was considered compliant.
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From 8 April 2026, this changed via paragraph SW 14.3B of the Immigration Rules (introduced via HC 1691). The required minimum salary must now be paid in every individual pay period. A UKVI caseworker reviewing payslips can — and will — check each month in isolation. A single month where base pay falls below the monthly equivalent of the annual threshold can be flagged as a compliance failure.
This change applies prospectively — UKVI cannot retrospectively apply it to pay periods before 8 April 2026. However, all pay periods from that date onwards will be assessed under the new standard.
An annual bonus paid in December does not offset a month in January where base salary fell below the monthly minimum. Each pay period is assessed independently. Bonuses count only in the month they are paid — and only if the base pay in that month already meets the threshold.
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What is the minimum salary you must receive each month
The monthly minimum depends on your SOC code (Standard Occupational Classification) and whether you qualify as a new entrant. For the most common scenario:
| Payroll frequency | Standard rate (£38,700/yr) | New entrant rate (£30,960/yr) |
|---|---|---|
| Monthly (12 periods) | £3,225.00 per month | £2,580.00 per month |
| Weekly (52 periods) | £744.23 per week | £595.38 per week |
| Fortnightly (26 periods) | £1,488.46 per fortnight | £1,190.77 per fortnight |
| 4-weekly (13 periods) | £2,976.92 per 4-week period | £2,381.54 per 4-week period |
Going rate applies if higher: If the going rate for your specific SOC code (e.g. certain healthcare, engineering, or IT roles) is higher than the standard threshold, the going rate minimum must be met in every pay period — not just the standard £38,700 equivalent.
Salary sacrifice: Where your contracted salary is reduced via pension contributions, cycle-to-work schemes, or similar arrangements, the assessment should be based on your contracted salary before sacrifice — not your take-home pay. Ensure your payslips clearly show the gross contracted salary.
Who is most at risk — which pay structures fail
This change disproportionately affects workers with variable or non-standard pay structures. The following groups face the highest risk of having payslips that fail the per-period test:
- Commission-heavy roles (sales, recruitment, estate agents): if base pay without commission falls below the monthly minimum, those months are flagged even if total earnings including commission are above threshold
- Annual bonus structures: workers where base salary is intentionally kept below threshold with an expectation of a year-end bonus to bring total above threshold — this no longer works
- Phased salary increases: workers who joined below the current threshold and received increases mid-year may have early payslips that fail
- Term-time contracts: workers who are not paid during school holidays (e.g. some teaching support roles, catering staff at educational institutions) — zero pay months will fail
- Shared parental / paternity leave: statutory pay during leave (currently £184.03/week) falls well below the £744.23/week minimum — these periods may be flagged
- Maternity leave (months 7–9): statutory maternity pay in weeks 27–39 is also below the minimum — requires explanation and supporting documentation
- Part-time/reduced hours arrangements: any period where contracted hours were temporarily reduced (even informally agreed) resulting in pay below the monthly minimum
The new suspended sentence suitability rule — also from 8 April 2026
The same Statement of Changes (HC 1691, 8 April 2026) introduced a separate suitability change that is equally important for ILR applicants:
From 8 April 2026, a suspended custodial sentence of 12 months or more triggers mandatory refusal of ILR and potential deportation action — regardless of whether the sentence was ever served. Previously, this suitability ground applied only to sentences that were actually served in prison. If you or a dependant received a suspended sentence of this length at any point (even years ago), seek specialist legal advice before submitting an ILR application.
How this affects your ILR application
When you apply for ILR on the Skilled Worker route, UKVI reviews your payslips as evidence of continuous lawful employment throughout the qualifying period. Caseworkers are now trained to check monthly figures against the monthly minimum threshold — not just annual totals.
If a caseworker identifies a month where gross pay falls below the required minimum and there is no explanation provided, they may:
- Issue a Request for Further Information (RFI), adding weeks to the processing timeline
- Query whether the sponsorship was in breach of the Immigration Rules during that period
- In serious or repeated cases, raise a compliance concern that could affect the sponsor's licence
Proactively addressing any below-threshold months in your covering letter — with a clear explanation (maternity leave, statutory pay, agreed reduced hours) and supporting documents — significantly reduces the risk of an RFI or refusal.
Payslip compliance checklist — before you apply
- Gather all payslips for your entire qualifying period (ideally 5 years; minimum the last 12 months for recent compliance)
- Identify your correct monthly minimum based on your payroll frequency and SOC code
- For each payslip from 8 April 2026 onwards: check the gross pay figure against the minimum for that period
- For any month below the minimum: identify the reason and prepare written documentation:
- Maternity/paternity/shared parental leave → employer letter confirming statutory pay period and return date
- Reduced hours arrangement → written agreement with employer confirming the temporary nature
- Salary sacrifice → employer letter confirming contracted salary before sacrifice
- Commission-based shortfall → employer letter confirming base salary structure and OTE
- Include all P60 annual summaries as supplementary evidence of total annual income
- If your employer has genuinely underpaid you: raise this with HR immediately. A corrective payroll run and a letter from your employer explaining the error can be included as supporting evidence.
Employer and sponsor obligations
Licensed sponsors have a duty to monitor their own salary compliance under the sponsor guidance. From 8 April 2026, UKVI has increased the frequency of compliance audits and has access to HMRC Real Time Information (RTI) payroll data, allowing cross-referencing of reported salaries against the certificate of sponsorship figures.
Sponsors found to be underpaying sponsored workers face:
- Civil penalties (up to £20,000 per illegal worker under the separate civil penalty regime)
- Sponsor licence downgrade from A-rating to B-rating, requiring an action plan
- In serious cases, suspension or revocation of the sponsor licence — which would curtail all sponsored workers' visas simultaneously
If you suspect your employer is systematically underpaying you below the threshold, document the discrepancy carefully (screenshot your payslips, save payroll emails) and seek legal advice before raising it internally — particularly if you are concerned about sponsor retaliation.