The Skilled Worker Visa UK enables eligible applicants to remain in the UK while working for an approved sponsor/employer.
Starting from 4 April 2024, the minimum income requirement for a Skilled Worker visa has been raised to £38,700 per year or the market rate for your job, whichever is higher.
Rees Clayton Immigration Solicitors are here to support sponsors and employees who have received a job offer to navigate the complex Home Office visa application process. If you need assistance with sponsoring a Skilled Worker visa application, contact us today at 02033939272.
The UK Skilled Worker Visa is a work permit that allows international workers with the relevant abilities to work in the UK for licensed UK firms. Later in 2020, the Tier 2 skilled worker visa was replaced by the skilled worker visa. Now anyone with a job-related skill level of RQF Level 3 (the UK’s equivalent of an A-level) or higher can participate in the course.
The length of your Certificate of Sponsorship determines how many years you can spend working with a UK Skilled Worker Visa. The initial grant period is up to five years. It is essential to remember that your visa is only valid for the duration of your employment with your sponsoring employer. If you intend to change roles or employers, you must apply for a new Skilled Worker visa.
If you’re a skilled worker, you can extend your visa before it expires, work in the UK for five years, and then apply for ILR and citizenship the following year. You must have a job offer and meet the eligibility requirements listed below in order to apply for a UK Skilled Worker visa.
It’s possible to find other ways to work if the Skilled Worker Visa doesn’t work for you. For further information contact our expert skilled worker visa lawyer at 02033939272.
When comparing the older Tier 2 (General) work visa path with the more recent Skilled Worker visa route, there are a number of important differences and benefits such as:
Anyone employed in a qualified occupation with an RQF level 3 or higher is considered a skilled worker in the UK. In the UK, this is the same as an A-level.
Additionally, the job must have a standard occupation code (SOC) that is on the list of jobs that qualify for the Skilled Worker visa.
For a skilled worker visa, you must meet the following criteria:
Below are details on each eligibility criteria.
Before applying for a Skilled Worker visa, you need to have a legitimate work offer from a licensed UK firm. In order to qualify, the offer must be for a position on the qualifying vocations list, be from an A-rated business on the list of licensed sponsors, and meet the pay standards. In addition, your UK employer’s Certificate of Sponsorship must be valid.
The company offering you a job must be one of the licensed sponsors on the Home Office’s list. Additionally, make sure your firm is A-rated and has the proper licensing to employ foreign nationals through the Skilled Worker Route (licences are given out based on the type of visa that is needed).
Until they fulfil the Home Office’s compliance standards and are upgraded to an A-rating, employers with a B-rating cannot issue new Certificates of Sponsorship. You should make sure this is true before applying so there is no chance of rejection or delay.
A valid CoS from your UK employer is required to apply for a Skilled Worker visa.
A digital document known as a Certificate of Sponsorship (CoS) includes details about the sponsored position, such as the job title and type, start and end dates of employment, gross salary, sponsor license number, and expiration date.
Only jobs that are specifically listed as being eligible for a Skilled Worker visa will be granted by UK Visas and Immigration. In addition, you need to have the right set of talents and/or work experience to do the job in the UK. If you want to be sure your job qualifies, you can ask your boss for the standard occupation code (SOC).
A level 3 RQF (the British equivalent of an A-level) is the minimum requirement for a Skilled Worker visa and position. You don’t necessarily require a certain degree, but your skills should be at least at RQF level 3.
The standard minimum salary for a Skilled Worker Visa is £38,700. This means your job must either meet or exceed this salary or match the “going rate” for your occupation, whichever is higher.
For example, if your employer offers you £39,000 per year but the going rate for your job (listed in the eligible occupation list) is £40,000, you will not meet the salary requirement for the Skilled Worker Visa. Each occupation code has its own specific annual going rate, so be sure to check the Home Office website for the exact rate for your role.
However, you may still meet the salary requirements with a lower salary than £38,700 if:
A bank statement demonstrating a minimum of £1,270 for the first month of your stay in the UK is required. A letter from your employer stating they would pay for this need on your behalf can be acceptable in some situations.
As a Skilled Worker visa applicant, you must demonstrate sufficient English language proficiency, which can be achieved in four ways:
In order to bolster your application for a Skilled Worker visa, you could be required to provide the following:
Your Biometric Residence Permit (BRP) application process will also include instructions on how to provide identification documents and biometric data (picture and fingerprints). You can either use the ‘UK Immigration: ID Check’ app on your phone or go to a visa application centre in your home country to get your fingerprints and photo taken. The software allows you to scan your identity documents and send them to the Home Office.
Consult a skilled worker visa lawyer for guidance before applying for a Skilled Worker visa, as the document requirements are quite strict. We will make sure that UKVI receives all the proof they need from you and that any mistakes or missing information is corrected. In order to get guidance regarding your Skilled Visa UK, dial 02033939272.
From outside the UK, foreign nationals can apply for a Skilled Worker visa through the Home Office website. Once you have your job offer, Certificate of Sponsorship, and the other documents mentioned above, you will be able to finish and send in your application. During the application process, you can save your work and finish it later if needed.
Here are the steps to apply:
If you apply from outside the UK, you may expect to hear back within three weeks. The UK Visas and Immigration (UKVI) will get in touch with you if they need further information to process your application.
You must be outside of the UK to follow the steps outlined above. While you are already in the UK, you must apply to change your current visa to a Skilled Worker visa. It should be noted that if you are on any of the visas listed below, you cannot switch.
If you are on any of the aforementioned visas, you must first leave the UK and apply from abroad.
If you currently possess a Skilled Worker visa and want to change jobs, you must apply for a new visa. In this case, if you want to:
While you wait for the Home Office to make a decision, you can apply from within the UK and keep working and living here, provided your current work visa is still valid.
If you decide to take on a second job in a different industry, you’ll have to apply for a new visa as well.
You are allowed to submit your request to change your job or employer no later than three months prior to the start date of your new position. It is critical to apply as soon as possible, as it may take up to 8 weeks to receive a decision. Before you start working for your new boss, you should wait to hear back about your application.
For more information call our expert solicitors at 02033939272.
You can apply for a UK visa up to three months before starting work in the UK. You may find this date on your sponsorship certificate.
The Home Office may request more time to examine your documents and verify your identity, depending on your specific situation. This is why it’s crucial to always give yourself extra time and send in your application on time.
From outside the UK, the decision making process at the Home Office typically takes around three weeks. You might have to wait up to eight weeks if you’re already in the UK.
Prior to your visa’s expiration, you can apply for an extension as long as your sponsor or employer remains the same and your occupation remains the same (within the same occupation code as your present visa). If you intend to change your job or employer, you must apply for a new visa rather than extending your present one. Your visa can be extended an unlimited number of times.
For expert assistance and guidance on the Skilled Worker visa extension process, reach out to our seasoned immigration solicitors at 02033939272.
Your application for a Skilled Worker Visa could be rejected for several reasons. Some of the most likely reasons are:
A Skilled Worker refusal may also happen if your company does not have the right sponsor licence and other required documents.
If your Skilled Worker Visa application is denied, there are several options to consider based on your specific situation, with administrative review being the most common route.
Your application may be rejected during the following stages:
It’s important to note the strict time limits for requesting an administrative review after receiving a refusal notice. If you applied from outside the UK, you have 28 days to submit the request. If you applied from within the UK, you have 14 days.
The Home Office typically makes a decision on your administrative review request within 28 days. If you are not satisfied with the outcome, you may have the option to pursue a judicial review through a pre-action protocol.
If you have a spouse and children who meet the eligibility requirements, they can seek to become your dependants in the UK. Your application can include the following family members:
When you submit your application, you must include proof of your relationship.
It is necessary for UK firms to apply for a sponsor licence from the Home Office in order to hire skilled overseas workers. To legally employ foreign nationals in some occupations, an employer must get a sponsor licence.
Obtaining a sponsor licence also comes with a set of conditions and requirements. Employers must meet a variety of standards, including the following:
Employers receive an “A-rating” if they are certified to meet all of the Home Office’s requirements. Failure to meet standards will result in the employer being degraded to a “B-rating,” and they will no longer be able to issue sponsorship certificates until they have proved that all remaining issues have been resolved.
Employers are not required to perform a resident labour market test.
A valid Certificate of Sponsorship (CoS) must be provided by the supporting UK employer to the worker before they can apply for a UK visa. This ensures that they meet the sponsorship requirements. The Skilled Worker visa application requires a unique reference number, which can only be provided by sponsors who have a valid licence.
Both defined and undefined CoS exist. Individuals currently residing in the UK who are seeking to change immigration routes or apply from within the UK are eligible for “undefined COS” documents. International candidates for skilled worker visas must meet the requirements of the defined COS.
To apply for a designated CoS, sponsors need to include salary and employment information. Each year, UKVI considers factors including workforce size while allocating undefined CoS to sponsors.
If you intend to remain in the UK permanently rather than just extend your visa, one major perk of the Skilled Worker Visa is that after 5 years you can apply for indefinite leave to remain (ILR), which grants you permanent status. You can’t have spent more than 180 days away from the UK in any of the five years if you want to fulfil the continuous residence criteria.
At the end of your indefinite stay, you won’t have to worry about applying for visas or paying the immigration healthcare surcharge again. After 12 months, you’ll also be eligible to apply for UK citizenship.
Note that you can make up the 5 years needed for ILR on a variety of visas, such as a Tier 1 (Sportsperson or Minister of Religion), Tier 2 (Innovator), Global Talent, Representative of an Overseas Business, or Innovator visa. But, you can’t consider the time spent on the Tier 1 Graduate Entrepreneur scheme.
In addition, ILR requires proof that:
Applying for a Skilled Worker Visa, whether as an individual or employer, can be complex, especially when meeting the authenticity requirements for your business.
The process involves submitting various documents and navigating multiple steps.
If you need assistance with your application or have questions, the Rees Clayton Immigration Solicitors can help. Our experienced immigration lawyers specialise in UK immigration law and have successfully supported many individuals in overcoming challenges to settle in the UK.
We offer guidance on proving financial status, meeting health insurance requirements, and understanding the differences between a sponsor licence and CoS. We can also help with document preparation and provide support if your sponsor licence application is rejected.
For expert advice on the Skilled Worker Visa, eligibility, and application process, contact us at 02033939272 or reach out online.
The Skilled Worker visa is a long-term visa that will be given to you for up to 5 years at first, depending on how long your Certificate of Sponsorship is valid for. You are eligible to apply for permanent settlement (ILR) after five years and can extend your visa an unlimited number of times.
If you are applying from outside the UK, you should have a decision back within three weeks of when you submitted your application. It may take up to eight weeks for the UK to process an application.
Your present immigration permission will not allow you to stay in the country once you lose your work on a UK Skilled Worker Visa, so you’ll need to take immediate action. There are two options for you while in the UK: either apply for a new Skilled Worker visa or apply to change your visa. You will have the option to stay in the UK while processing your new visa application.
A Skilled Worker Visa is not necessary for EU nationals who have EU Pre-Settled or Settled Status under the EU settlement program to work in the UK. A work visa is required to work in the United Kingdom if you do not possess one of these statuses.
After five years as a Skilled Worker visa holder, you must provide proof of continuous presence in the UK in order to qualify for Indefinite Leave to Remain (ILR).
In other words, you can’t have spent more than 180 days away from the UK in any of the last five years.
The Home Office guidelines clarify that those with a Skilled Worker visa are allowed to “study (with no limit on the number of study hours if it doesn’t interfere with the job they have been sponsored to do)”.
