Renewing/extending SWVs ahead of rule changes?

[a8878219]

Good morning all!

I have two questions related to "getting ahead" of the upcoming the immigration rule changes, on which I would really appreciate an opinion. We sponsor a handful of employees on Skilled Worker Visas (not health and social care). They are currently paid £27-28k, well below the yet-to-be-implemented £38k minimum. Most of the current visas are due to expire in the next 12-18m. We also employ one person who is on a 2-year Graduate Visa. So, my two questions are:

1. Is it possible to "renew/extend" Skilled Worker Visas long before their expiry? I understand that we can apply for renewal in the 3m lead-up to their expiry, but I am not sure if we can apply (for example) 9m before expiry? The reason is obvious, i.e. that we could avoid letting them all go by effectively "locking in" their current rates ahead of the rule change. I presume that if this were possible, there would be no refund of the "unused" portion of the ISC/IHS, but I think that cost might be outweighed by the benefit mentioned. I am also pessimistically assuming (although I thought this was unclear from the parliament Q&A last year) that the new salary threshold *will* apply to Skilled Worker Visa renewals

2. For our one worker on the graduate visa, I have a similar question. Can we sponsor them on a Skilled Worker Visa well before the expiry of the graduate visa, and therefore avoid needing to pay (in fact we simply would not hire) the £38k?

Thank you very much

[Frontier Mole]

Those already on a SW visa will not be subject to the new salary threshold. That will only apply to those entering into the SW route after the date of the rule change.

The graduate visa holder - you can offer a COS at any point.

[a8878219]

Thank you for the quick reply! Your point about the new threshold not applying to those already in the UK on the SW route... is that certain? The only source I could find was Pursglove's answer to a written question last December where he said "Those already in the Skilled work route, and applications made before the rules change, will not be subject to the new £38,700 salary threshold". That seems unambiguous to me, but I am always sceptical of good news!

[Frontier Mole]

It is absolutely certain that those in the SW system and that includes COS issued before the rule change date will not be impacted by the rise in the salary threshold.

The Home Office is not able to retroactively change the entry rules in place historically. They have attempted this once before, it was overturned in court.

[a8878219]

Well, this is excellent news, thank you!