Minimum Wage Rights for Visa Holders in the UK

Updated 27 March 20269 min read

What you need to know

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.

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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

As of April 2025 (rates are reviewed annually):

  • National Living Wage (21 and over): £12.21 per hour
  • 18 to 20 rate: £10.00 per hour
  • Under 18 rate: £7.55 per hour
  • Apprentice rate: £7.55 per hour

The National Living Wage applies to most visa holders, as most work visa routes require applicants to be 18 or older. 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 £38,700 per year.

You must meet both requirements. A salary that meets the visa threshold will always exceed the minimum wage. However, if your working hours are excessive, your effective hourly rate could fall below minimum wage even if your annual salary meets the visa threshold — and this would be illegal.

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

Many visa holders fear that reporting their employer will affect their visa. This fear is understandable but largely unfounded:

  • HMRC's minimum wage enforcement team is separate from immigration enforcement.
  • You can report anonymously.
  • 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.

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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:

  • HMRC National Minimum Wage team: Call 0800 917 2368 (free, anonymous).
  • ACAS: Call 0300 123 1100 for free employment advice.
  • 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.

HMRC has the power to investigate employers, order them to pay arrears (going back up to 6 years), impose financial penalties, and name and shame persistent offenders.

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. 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 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.

This guide is general information, not immigration advice. Immigration rules change frequently. For advice on your specific situation, consult an OISC-registered adviser or immigration solicitor. Always check GOV.UK for the latest rules.

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