How do we check whether a sponsored care worker is paid the minimum wage?

Check National Minimum Wage separately from the Skilled Worker salary test. Identify the worker's correct minimum-wage category, the pay reference period, the pay that counts and the hours that count under minimum-wage rules. Compare the resulting hourly rate with the current statutory rate, then retain the calculation, payslip, hours and payment evidence.

Do not rely on annual salary alone

Sponsor Guidance Part 2, paragraph S1.22 says sponsored roles must comply with both the route's minimum salary and National Minimum Wage. These are separate tests. Passing the Skilled Worker salary requirement does not prove compliance with minimum-wage law.

Calculate National Minimum Wage using the applicable statutory rules for the pay reference period. Do not simply divide annual salary by contracted annual hours if that ignores how pay or working time must be treated.

Confirm the correct worker category

The applicable rate depends on the worker's age and, where relevant, apprentice status. The Government's Minimum wage rates for 2026 states that rates effective from 1 April 2026 are £12.71 for workers aged 21 and over, £10.85 for ages 18 to 20, and £8.00 for ages 16 to 17 and apprentices.

Record the category used and the evidence supporting it. If the age band or apprentice status is unknown, do not issue a clean compliance result. Mark the check incomplete until the missing fact is established.

Use the correct pay reference period

Identify the period for which the worker was paid and the pay that counts for minimum-wage purposes. Record regular pay, relevant allowances and deductions separately. Use actual source records rather than a rounded figure copied from the CoS.

The National Minimum Wage rules on working time and deductions can be fact-sensitive. Where sleep-in time, travel, accommodation, training or deductions may affect the calculation, use the current employment-law guidance or obtain advice rather than applying a general shortcut.

Check the sponsorship salary at the same time

Sponsor a Skilled Worker, paragraph SK7.19 says UKVI will regularly check pay against the salary recorded on the CoS or a later notification through compliance checks, HMRC checks or both. Paragraphs SK7.20 to SK7.25 contain pay-period, hourly-rate and deduction rules for the sponsorship assessment.

Keep the two calculations beside each other. Label one National Minimum Wage and the other Skilled Worker salary. State the inputs, threshold and result for each.

Retain the source evidence

Appendix D, sections 3(a) to 3(c) cover payslips, evidence of payment into the named worker's account and the contract or written particulars showing job, hours and pay.

The calculation should identify the payslip period, hours record, worker category, applicable rate, counted pay, counted hours, resulting hourly rate and reviewer. Keep corrections and their reasons.

Review whenever a relevant input changes

Repeat the check when statutory rates change, the worker enters a new age band, apprentice status changes, hours or pay change, or a deduction is introduced. The Government normally publishes new rates before they take effect, but payroll must apply the rate for the relevant period.

This article provides general information, not legal advice.

Related questions

Is the Skilled Worker salary threshold the same as National Minimum Wage?

No. Sponsor Guidance Part 2, paragraph S1.22 treats the route salary requirement and National Minimum Wage as separate obligations. Both must be checked.

What is the National Living Wage rate from April 2026?

The Government's published rate for workers aged 21 and over is £12.71 per hour from 1 April 2026. Check the current GOV.UK rate for the pay period being reviewed.

Can we confirm minimum-wage compliance without the worker's age band?

No. The age band or applicable apprentice category is needed to select the statutory rate. Mark the result incomplete until that fact is established.

What records support the calculation?

Keep the contract, hours record, payslip, relevant deductions, payment evidence, worker category, statutory rate and a calculation showing pay divided by hours under the applicable rules.