It is completely understandable to feel uncertain when salary thresholds change while you are already in the UK on a Skilled Worker visa. Many people find it confusing when they originally qualified under one set of rules but are now switching employers under another. Knowing how the updated salary requirements apply — and when transitional protections may help — can give you clarity and confidence in planning your next steps.
Understanding the issue or context
You were first sponsored as a Skilled Worker in August 2021, with a Certificate of Sponsorship running from August 2021 to August 2026. Your:
- occupation code was 2139,
- salary was £32,650 per year,
- hours were 40 per week.
You have now been told that the current minimum salary threshold for new Skilled Worker applicants is £38,700, and you want to understand how this affects you when switching to a new employer.
This worry is very common because the Skilled Worker rules changed significantly in 2024, and many applicants are unsure whether they must now meet the new higher salary threshold.
The legal rules or framework
1. Salary thresholds increased to £38,700 — but not all applicants must meet the new figure
Under the updated immigration rules, new Skilled Worker applicants normally must meet:
- £38,700 minimum salary, or
- the going rate for their specific occupation code,
whichever is higher.
However, this increase does not automatically apply to workers who entered the Skilled Worker route before April 2024.
2. Transitional arrangements protect workers who first applied before April 2024
Because you entered the Skilled Worker route in August 2021, you fall under the transitional rules.
This means:
- You do not need to meet the £38,700 threshold.
- You must instead meet the lower transitional salary requirement, which is based on the rules in place when you first applied.
- The threshold for transitional applicants is significantly lower than £38,700.
3. When switching employers, you still benefit from transitional protection
Transitional protection applies when:
- extending your Skilled Worker visa,
- switching employers within the UK,
- applying for ILR later.
The key requirement is that:
- you remain on the Skilled Worker route,
- without breaks, and
- your job continues to meet the relevant occupation code and skill level.
4. Your salary must still meet the appropriate “going rate” under transitional rules
Although you are protected from the full £38,700 threshold, your new employer must still offer:
- a salary that meets the transitional minimum, and
- the occupation-specific going rate under those transitional rules.
This is often lower than the current going rate but may still be higher than your original £32,650, depending on the occupation code used now (as some codes were updated in 2024).
5. Your occupation code may have changed
The occupation code 2139 was removed in the 2024 update.
Jobs previously under 2139 may now fall under:
- 2129 (Engineering professionals not elsewhere classified), or
- another closely related code depending on the role.
The exact code matters because the required salary is based on the new SOC 2020 code, but the transitional salary level still applies.
Practical steps to take (step-by-step guidance)
- Identify the new occupation code for your job
Your new employer must select the correct updated SOC 2020 code. - Check the transitional salary requirement for that code
A solicitor or HR compliance team can confirm the exact figure for your category. - Ensure the offered salary meets both transitional rules and the going rate
Even with transitional protection, your salary must be adjusted to the appropriate level under the updated system. - Confirm your eligibility under transitional arrangements
You qualify because:- your first Skilled Worker CoS was in 2021, and
- you have continued lawful residence on the route.
- Submit your Skilled Worker switch application with confidence
You do not need to meet £38,700 unless you voluntarily apply under the new regime.
Common pitfalls to avoid
- Assuming the £38,700 threshold applies to everyone
It does not. Transitional rules protect many existing Skilled Workers. - Using the old occupation code (2139)
It no longer exists. Your new CoS must use the updated equivalents. - Accepting a salary below the transitional going rate
Even transitional applicants must meet the correct occupation-based rate. - Assuming dependants must update visas at the same time
They apply separately after your new Skilled Worker decision. - Submitting your application without checking your new occupation code
Using the wrong code can lead to refusal.
Frequently Asked Questions
Do I need to meet the £38,700 salary threshold when switching employers?
No. Because you entered the Skilled Worker route before April 2024, you fall under transitional rules.
What salary do I need under transitional rules?
It depends on your updated occupation code. The transitional rate is lower than £38,700.
Is my 2139 occupation code still valid?
No. The Skilled Worker rules were updated in 2024 and 2139 was removed. Your job must now be matched to the nearest SOC 2020 code.
Can I keep my original salary?
Probably not. Even under transitional rules, you must meet the updated going rate for your occupation.
Does switching employers affect my ILR timeline?
No. As long as you stay on the Skilled Worker route lawfully, your 5-year qualifying period continues.
Do my dependants need to meet new rules?
No. Dependant rules did not change in the same way and are not affected by the main applicant’s transitional salary requirements.
Conclusion
If you’d like to understand your rights and options in plain English, visit LegalGuidance.org — a free resource powered by Martin Taggart Legal Consulting.
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This information is general guidance only and not legal advice. For personalised support, please contact Martin Taggart Legal Consulting.