The UK government has introduced a new rule affecting how salary compliance is assessed under the Skilled Worker visa route.
The change was announced in the Statement of Changes to the Immigration Rules published on 5 March 2026 and inserts paragraph SW 14.3B into Appendix Skilled Worker. The rule takes effect on 8 April 2026.
Previously, salary compliance was assessed mainly by reference to the annual salary figure recorded on the Certificate of Sponsorship and the worker’s employment contract.
Under the updated framework, UK Visas and Immigration (UKVI) may also examine salary payments across defined pay periods. Payroll records such as payslips and working hours data may therefore be used to assess whether a worker is receiving the required salary throughout the sponsorship period.
How does the new pay period rule work?
Paragraph SW 14.3B introduces a pay-period framework for assessing salary compliance.
The rule 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.
It also introduces a pay-period salary test. The salary paid in each pay period must equal or exceed the going rate for every hour worked during that pay period.
This requirement operates alongside the annual salary thresholds that apply to the Skilled Worker route.
If salary payments fall below the required level during a pay period and the difference cannot be justified under the permitted averaging provisions, UKVI may treat this as salary non-compliance.
What are the averaging rules?
The Immigration Rules allow limited salary fluctuation within defined averaging periods.
- 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 some payroll variation while ensuring that the worker’s salary remains consistent with the immigration salary requirements.
Importantly, these averaging provisions operate alongside the pay-period requirement that the going rate must be met for the hours worked during each pay period.
How do the rules apply where working hours vary?
The Immigration Rules recognise that some Skilled Worker roles involve variable working patterns.
Where weekly hours fluctuate, a longer averaging provision may apply. In these circumstances, the salary paid across any seventeen-week period must equal at least 17/52 of the required annual salary.
This allows roles with uneven weekly hours to remain compliant while maintaining a clear salary threshold.
The rule also addresses situations where salary may temporarily 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 these cases, the sponsor must confirm that the reduction results from those permitted salary subtractions rather than underpayment.
Why has the Home Office introduced this rule?
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 still met the required threshold and the relevant occupation going rate.
The new rule allows the Home Office to examine salary payments more closely during the sponsorship period. By linking salary compliance to payroll records and working hours data, UKVI can assess whether the required salary is being paid consistently.
What does the change mean for Skilled Worker visa holders?
For workers sponsored under the Skilled Worker route, the rule means that salary payments may be examined more closely during sponsor compliance checks.
UKVI may review payslips, payroll reports and working hours data to confirm that the salary paid corresponds with the required immigration salary level.
This may be particularly relevant where pay structures involve variable working hours, bonuses or uneven salary payments across the year.
When do the new rules take effect?
The 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 outside these transitional arrangements will be assessed under the updated pay-period framework.
