Rowan

Minimum Wage Rights for Visa Holders in the UK

Understanding your right to the National Minimum Wage as a visa holder, how it interacts with visa salary thresholds, and what to do if you are being underpaid.

Checked 2 March 20269 min readWritten by the Rowan Editorial Team
Section
Practical Life in the UK
Reading time
9 min
Last checked
2 March 2026
Source
The published Immigration Rules and GOV.UK guidance, linked throughout this guide.
Rowan does not
Look at your own case, tell you which route to choose, or say what the Home Office will decide. This guide shows the published rules and where to read them.

In short

  • All visa holders with the right to work are entitled to the National Minimum Wage.
  • The National Living Wage for workers aged 21 and over is £12.71 an hour from 1 April 2026.
  • Visa salary thresholds are separate from and higher than the minimum wage.
  • Employers cannot deduct costs that bring your pay below minimum wage.
  • Reporting underpayment is not a breach of any visa condition.

Every worker in the UK with a legal right to work is entitled to the National Minimum Wage or National Living Wage, regardless of immigration status. This guide explains the current rates, how minimum wage interacts with visa salary thresholds, common issues faced by visa holders, and how to report underpayment without affecting your immigration status.

Your Right to the Minimum Wage

If you have permission to work in the UK — whether through a Skilled Worker visa, spouse visa, student visa with work rights, or any other route — you are legally entitled to the National Minimum Wage (NMW) or National Living Wage (NLW).

This is a fundamental employment right that applies equally to all workers in the UK. Your employer cannot pay you less because you are on a visa, because you are not a British citizen, or because they sponsored your visa.

Current Minimum Wage Rates

From 1 April 2026:

  • National Living Wage (21 and over): £12.71 an hour
  • 18 to 20 rate: £10.85 an hour
  • Under 18 rate: £8.00 an hour
  • Apprentice rate: £8.00 an hour

The apprentice rate applies to apprentices aged under 19, and to apprentices aged 19 and over in the first year of the apprenticeship. The rates change on 1 April every year. The National Living Wage is the rate for workers aged 21 and over, so it is the one that applies to most people on a work visa. Check the GOV.UK minimum wage rates page for the latest figures.

Minimum Wage vs Visa Salary Thresholds

It is important to understand that the minimum wage and visa salary thresholds are completely separate requirements:

  • Minimum wage: A legal floor that applies to all workers. It is a per-hour calculation.
  • Visa salary threshold: An immigration requirement specific to certain visa routes. For the Skilled Worker visa, the general threshold is £41,700 per year.

Both apply at the same time. The minimum wage is worked out per hour, so a salary at the visa threshold can still fall below the minimum wage if the hours worked are high enough. The Skilled Worker rules make the same point in reverse: paragraph SW 14.3 of Appendix Skilled Worker counts only the salary for the first 48 hours a week towards the salary thresholds, however many hours are actually worked.

Common Issues for Visa Holders

Unlawful Deductions

Some employers attempt to deduct costs from visa holders' wages for:

  • Visa sponsorship fees
  • Immigration Skills Charge
  • Recruitment costs
  • Training costs
  • Accommodation

Any deduction that brings your effective hourly pay below the minimum wage is illegal. Additionally, sponsors are specifically prohibited from passing certain immigration costs (such as the Certificate of Sponsorship fee and the Immigration Skills Charge) to sponsored workers.

Unpaid Hours

If you are required to work unpaid overtime, arrive early for mandatory briefings, or work through breaks, these hours count towards your minimum wage calculation. If including these hours brings your effective hourly rate below the minimum wage, your employer is breaking the law.

Fear of Reporting

Fear of reporting is common. The published position is:

  • Minimum wage enforcement sits with HM Revenue and Customs, not with immigration enforcement.
  • Acas advice is free and confidential, and the GOV.UK complaint form does not require you to tell your employer you have used it.
  • Reporting an employer for wage theft is not a breach of your visa conditions.
  • If your employer retaliates by terminating your sponsorship, you have employment law protections against unfair dismissal.

How to Check You Are Being Paid Correctly

  • Check your payslips. Your employer must provide itemised payslips. See our PAYE guide for understanding payslips.
  • Calculate your effective hourly rate: divide your total pay (after any deductions that count towards NMW) by your total hours worked (including any unpaid overtime).
  • Compare to the appropriate minimum wage rate for your age.
  • Keep records of your hours worked, including start and finish times.

How to Report Underpayment

If you are being paid below the minimum wage:

  • HM Revenue and Customs: use the GOV.UK complain about pay and work rights form. GOV.UK no longer lists a telephone number for minimum wage complaints.
  • Acas: call 0300 123 1100, Monday to Friday, 8am to 6pm, for free and confidential employment advice, with translation available in over 100 languages.
  • Citizens Advice: Free, confidential advice at your local bureau.
  • Employment tribunal: You can bring a claim for unpaid wages. See the GOV.UK employment tribunal page.

HM Revenue and Customs can investigate an employer and send a notice for the arrears plus a fine. GOV.UK also notes that a civil case over the minimum wage can be brought before a court for up to 6 years, which is why employers must keep pay records for at least that long.

Sponsor Compliance

If your employer is a licensed sponsor, they have additional obligations under the sponsor licence system. Paying workers below the minimum wage, or below the salary stated on the Certificate of Sponsorship, is a serious compliance failure that can result in the sponsor having their licence revoked.

If your sponsor's licence is revoked, you have 60 days to find a new sponsor or leave the UK (see our 60-day rule guide). This is another reason why keeping records of your pay and hours is important — it protects both you and the integrity of the sponsorship system.

Next Steps

Check your payslips and calculate your effective hourly rate. If you are being underpaid, contact HMRC or Acas. For workplace issues, see our discrimination guide. For a broader understanding of your rights at work, see our employment rights guide.

For the latest minimum wage rates and guidance, visit the GOV.UK minimum wage page.

Questions and answers

Do visa holders have the right to the National Minimum Wage?

Yes. If you have the right to work in the UK (through a visa, settled status, or any other lawful basis), you are entitled to the National Minimum Wage or National Living Wage on the same basis as a British citizen. Your employer cannot pay you less because of your immigration status.

What is the National Living Wage in 2026?

The National Living Wage for workers aged 21 and over is £12.71 an hour from 1 April 2026. The rates change on 1 April every year. Workers under 21 and apprentices have lower minimum rates.

Is the visa salary threshold the same as the minimum wage?

No. The Skilled Worker visa salary threshold (£41,700 general, or £33,400 for Immigration Salary List roles) is significantly higher than the minimum wage. The minimum wage is a legal floor for all workers. The visa salary threshold is an immigration requirement that applies in addition to minimum wage laws.

What should I do if my employer is paying me below minimum wage?

GOV.UK routes minimum wage complaints through the online ‘complain about pay and work rights’ form, which goes to HMRC, and through the Acas helpline on 0300 123 1100 (Monday to Friday, 8am to 6pm, free and confidential, with translation in over 100 languages). HMRC can investigate and issue a notice for arrears plus a fine. Reporting underpayment is not a breach of any visa condition.

Can my employer deduct visa sponsorship costs from my wages?

Your employer cannot make deductions that bring your pay below the National Minimum Wage. If deductions for sponsorship costs, accommodation, or other items reduce your effective hourly rate below the minimum wage, this is illegal. Sponsors are also prohibited from passing certain immigration costs to sponsored workers.

This guide is general information about published immigration rules. It is not advice about an individual application under s.82 Immigration and Asylum Act 1999, and Rowan is not regulated by the Immigration Advice Authority. Immigration rules change several times a year. For advice on a particular situation, contact an adviser authorised by the Immigration Advice Authority or an immigration solicitor. Always check GOV.UK for the authoritative current rules.