← United Kingdom · 2023

witharrow.ai/volatility-index/united-kingdom/recovered-gb-work-labour-compliance-20230412

Work routes add a labour-law compliance refusal requirement

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited Kingdom
Operative dateApril 12, 2023
CategoryMigration policy
Affected groupApplicants under work routes requiring a specific job offer

Policy effect

From April 12, 2023, work routes requiring a specific job offer added a requirement that the decision maker must not have reasonable grounds to believe the sponsored job fails to comply with the National Minimum Wage Regulations or the Working Time Regulations. This introduced an immigration eligibility check on the offered job; it did not itself create the underlying labour-law standards.

Conditions and exceptions

Validated condition or limit: From April 12, 2023, work routes requiring a specific job offer added a requirement that the decision maker must not have reasonable grounds to believe the sponsored job fails to comply with the National Minimum Wage Regulations or the Working Time Regulations.; This introduced an immigration eligibility check on the offered job

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… ble), SW 10.3(a), SW 11.3(a), SW 12.4(a), SW 13.2(a), SW 13.4, SW 14.3, SW 24.3 (the table) and SW 24.4(a), for “£20,480”, substitute “£20,960”, in each place it occurs. APP SW5. In SW 4.2 (the table), SW 8.2(b), SW 9.6(b), SW 10.3(b), SW 11.3(b), SW 12.4(b), SW 14.4, SW 14.6 and SW 24.3 (the table), for “£10.10 per hour”, substitute “£10.75 per hour”, in each place it occurs. Page 37 of 182 APP SW6. After SW 5.6, insert: “SW 5.6A. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do does not comply with the National Minimum Wage Regulat … ions or the Working Time Regulations.”. APP SW7. In SW 5.7, for “SW 5.1. to SW 5.6”, substitute “SW 5.1. to SW 5.6A”. APP SW8. In SW 14.3, after “more than 48 hours a week,”, insert “subject to SW 14.3A,”. APP SW9. After SW 14.3, insert: “SW 14.3A. If the applicant is being sponsored to work a pattern where the regular hours are not the same each week, resulting in uneven pay: (a) work in excess of 48 hours in some weeks can be considered towards the salary thresholds, providing the average over a regular cycle (which can be less than, but not more than, 17 weeks) is not more than 48 hours a w … are considered where an applicant is working a pattern where the regular hours are not the same each week. These changes relate to the Skilled Worker, Global Business Mobility, Scale-up and Seasonal Worker routes. 7.10 A change is being made to all work routes which require an applicant to have a specific job offer. The change means applications will be refused if the decision maker has reasonable grounds to believe the job does not comply with the National Minimum Wage Regulations or the Working Time Regulations. 7.11 Jury service and attending court as a witness are being added to the list … d rules in 2023 and hope to consolidate the Immigration Rules in 2024. 6.4. The changes will be implemented on different dates starting from 12 April 2023 as detailed in the implementation section of the accompanying Statement of Changes. 7. Policy background What is being done and why? Electronic Travel Authorisations (ETA) 7.1 One of the government’s priorities is securing the UK’s borders and keeping our people safe by ensuring that everyone wishing to travel to the UK (except British and Irish citizens) has permission to do so in advance of travel. To fill the current gap in advance permis …
UK GovernmentHC 1160 rule text, explanatory memorandum and applicable commencement evidenceOpen official source
Retrieved from https://assets.publishing.service.gov.uk/media/6408b6e7e90e0740d561954b/E02875509_-_Immigration_Rules_changes_-_HC_1160__Web_Accessible_.pdf

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record recovered-gb-work-labour-compliance-20230412. Something wrong? Flag this record.

Other United Kingdom changes operative in 2023