mayfairvisas.com

SKILLED WORKER VISA

The UK Skilled Worker visa category is designed for individuals from the European Economic Area (EEA), including Swiss nationals (effective from 1 January 2021), as well as non-EEA nationals who have been sponsored to undertake a specific skilled job by a licensed sponsor.

The UK Skilled Worker Visa offers individuals a unique opportunity to work in a job that aligns with their skills and qualifications. This visa is vital to the UK’s points-based immigration system, replacing the Tier 2 (General) work visa. While the fundamentals of the visa requirements remain largely the same, some potentially beneficial changes have been introduced to make the system more favourable for businesses and employees.

The UK Skilled Worker visa plays a crucial role in allowing UK companies to address existing labour shortages that cannot be filled by the UK or settled person. It’s important to note that a skilled worker visa must not displace a suitable settled worker, ensuring a fair and balanced approach to workforce management.

To apply for a UK Skilled Worker Visa, an applicant needs a job offer from a UK Home Office-approved sponsor. This is a crucial requirement because it ensures that the job meets minimum skill and salary thresholds. The sponsor plays an important role in the process.

The UK Skilled Worker route is a visa program that offers greater flexibility to individuals with varying qualifications, salaries, and skills. Applicants applying for a UK skilled worker visa must score a minimum of 70 points. These points are categorised into ‘Mandatory’ and ‘Tradeable’. Applicants can earn “Mandatory” points for having a sponsor, a job, and English language proficiency. “Tradeable” points can be obtained for salary and other qualities. In addition to these 70 points, some applicants may also need to meet non-point requirements, such as tuberculosis testing, showing available funds, and providing criminal records certificates.

UK Skilled Worker Visa: Key Requirements

To meet the requirements of a UK Skilled Worker Visa, applicants must satisfy a range of criteria, which are as follows:

  1. Age: Applicants applying under this category must be at least 18 years old on the date of application.
  2. Job Offer from a Licenced Sponsor: To apply for a UK Skilled Worker Visa, applicants need a job offer from a sponsor approved by the Home Office.
  3. The role should meet the appropriate skill level: The job offer must meet or exceed the minimum skill level of RQF3 or its equivalent, such as A level. Additionally, the role must be at an appropriate level.
  4. Genuine Vacancy: The job must be genuine and not created solely to gain entry clearance or permission to stay.
  5. English Language Requirement: To prove their English proficiency, applicants must pass a Secure English Language Test (SELT) from an approved provider at CEFR level B1.
  6. Salary Requirement: The job should offer a salary which meets the general threshold or “going rate” for the occupation, whichever is higher.
  7. Certificate of Sponsorship (CoS): Employers must provide a valid Certificate of Sponsorship that includes all the necessary details about the offered role in the UK.
  8. Financial or Maintenance Requirement: Applicants must have at least £1,270 and fund themselves for 28 consecutive days without public funds to move to the UK.

Skilled worker visa minimum salary

Applicants applying under the Skilled Worker route must score 20 ‘points’ for the salary provided on the Certificate of Sponsorship (CoS).

Starting from April 4th, 2024, UK Skilled Worker visa applicants must be offered a salary of at least £38,700 or the “going rate” for their job, whichever is higher. The Standard Occupation Code (SOC) provides the going rate for each job, which can be found on the Home Office website – ‘Skilled Worker Visa: going rates for eligible occupation codes’.

The Immigration Rules provide different ways for a Skilled Worker to score these points, from Options A to K.

Salary Requirements for new Skilled Worker visa application

Applicants who are applying for a Skilled Worker visa will only be able to accumulate points listed in ‘Table 1 of Appendix Skilled Occupations’ under Options A to E if:

  • They have never had a Skilled Worker visa or do not meet the transitional provision;
  • They are not being hired for a Health and Care visa or
  • They fall under an eligible health or education occupation.

The following table sets out the different salary thresholds, including the availability of lower salaries under Options A to E:-

Option Description Salary Requirements
A
Salary only (no discounts)
The salary must meet or exceed £38,700 (general threshold), the full going rate for the occupation code as stated in ‘Table 1 of Appendix Skilled Occupations’, or £15.88 per hour.
B
Applicants who hold a relevant PhD degree are eligible for a 10% discount on the general threshold and going rate
The salary must be at least £34,830 (general threshold), or 90% of the occupation code's going rate as stated in ‘Table 1 of Appendix Skilled Occupations’, or £15.88 per hour.
C
Applicants who hold a relevant PhD in a STEM subject are eligible for a 20% discount on general threshold and going rate
The salary must be at least £34,830 (general threshold), or 90% of the occupation code's going rate as stated in ‘Table 1 of Appendix Skilled Occupations’, or £15.88 per hour.
D
Applicant whose job falls under Appendix Immigration Salary List are eligible for a 20% discount on general threshold
The salary must be at least £30,960 (general threshold), or the full going rate for the occupation code as stated in ‘Table 1 of Appendix Skilled Occupations’, or £15.88 per hour.
E
Applicants who are new entrant are eligible for a 20% discount on general threshold and 30% discount on going rate
The salary must be at least £30,960 (general threshold), or the full going rate for the occupation code as stated in ‘Table 1 of Appendix Skilled Occupations’, or £15.88 per hour.

Salary requirements for health and education occupations

Applicants for a Skilled Worker Visa can only claim points under Option K if they are being sponsored in health and education occupations with going rates based on national pay scales. These eligible jobs are listed in ‘Table 3 of Appendix Skilled Occupations.’

The salary threshold, under Option K, is:-

Option Description Salary Requirements
K
Applicants who fall under the eligible health or education occupation code
The salary must be at least £23,200 (general threshold) or the full going rate for the occupation code as stated in ‘Table 3, 4 or 5 of Appendix Skilled Occupations’

Sponsorship requirement

UK Skilled worker visa applicants must have a job offer from a UK-based employer. Sponsorship means the employer attests to the legitimacy of the job offer and, often, to the necessity of hiring a foreign national to fill the role. The employer may need to demonstrate that they have conducted a local labour market test, proving that no suitable local candidate could fill the position. The sponsor must have a valid sponsorship license with an A rating.

Genuine Vacancy Requirement

The Home Office must be satisfied that the applicant for a Skilled Worker visa is being sponsored for a genuine vacancy and has the necessary skills to undertake the role. The applicant should intend to work solely for the role for which they are being sponsored or allowed by their conditions of stay.

The Home Office assesses applicants based on their knowledge of the job, relevant skills and experience, familiarity with the UK sponsor, and how they were recruited. Any other relevant information is also considered.

English Language requirement

Applicants applying for a UK Skilled Worker visa, can meet the English Language Requirement in the following ways:

  • Pass an approved English language test at the required level (CEFR level B1 or higher in reading, understanding, speaking, and writing)
  • Have a degree from a recognized institution, which was taught or researched in English
  • Study in the UK and achieve a GCSE/A Level or Scottish Highers in English
  • Be a national of one of the English-speaking countries.

Financial Requirement

UK Skilled Worker visa applicants seeking entry clearance or staying in the UK for less than 12 months must have held £1,270 for 28 days before the date of application.

Applicants who have been living in the UK with permission for 12 or more months at the time of their application are exempted from meeting the requirement.

Alternatively, an A-rated sponsor can provide accommodation and maintenance until the end of the first month of employment, with a minimum amount of £1,270.

Conditions Funds required
Entry Clearance Application
£1,270 for 28 days
Applicant living in the UK for Less than 12 months
£1,270 for 28 days
Permission to stay in the UK & has been in the UK for more than 12 months
Exempted
Sponsor certifying financial requirement.
N/A

Applying for a UK Skilled Worker visa

  1. Check Your Eligibility
    Before applying, an applicant must ensure that the UK Skilled Worker visa meets all the above criteria.
  2. Obtain a Certificate of Sponsorship (CoS)
    The UK employer must provide a Certificate of Sponsorship with job details to the applicant for the role offered in the UK. It’s a digital document, not a physical one. Applicants will need the reference number for their UK Skilled Worker visa application.
  3. Prepare Documents
    The applicant applying for a UK Skilled Worker visa must provide the documents listed in the section below.
  4. Apply Online
    Applicants must visit the official UK Visas and Immigration website to complete their visa application. They will need to apply from overseas.
  5. Immigration Healthcare Surcharge and Home Office Fee
    Applicants must pay the Immigration healthcare surcharge (unless exempted) and their visa application fee as part of their online application. The cost will depend on their circumstances and how long they plan to stay in the UK.
  6. Verify applicant’s identity
    Applicants, depending on where they are applying from, can provide their biometric information at a visa application centre or use the ‘UK Immigration: ID Check’ app to scan their identity documents.
  7. Attending biometric appointment
    Applicants may need to go to a visa application centre for an appointment. During their visit, their photo will be taken, and their fingerprints will be scanned for biometric information.
  8. Wait for the Decision
    After you apply, depending on their location and the service taken, the Home Office will generally make a decision and notify the applicant.

UK Skilled Worker Visa: Required Documents Checklist

Applying for a UK Skilled Worker Visa involves gathering various documents to satisfy the application requirements. It is crucial to have all the necessary documentation ready and organised for a smooth application process.

Below is a comprehensive checklist of the documents an applicant will need:

  1. Certificate of Sponsorship (CoS)
    An electronic record, not a physical document, given by the employer. It has a unique reference number and contains details about a job offered in the UK.
  2. Proof of Knowledge of English
    Evidence must demonstrate English proficiency at least B1 level according to CEFR.
  3. Personal Details Document
    A current passport or other document that validly proves an identity and nationality.
  4. Job Details
    A document from the employer outlining your job title, annual salary, job SOC (Standard Occupational Classification) code, and the type of contract (permanent, fixed-term, etc.).
  5. Salary Evidence
    Documents showing the applicant will be paid an appropriate salary for their job, meeting either the general salary threshold or the specific occupation’s “going rate,” whichever is higher.
  6. Financial Requirement
    Proof of personal savings is required when an applicant arrives in the UK unless their sponsor certifies their maintenance for the first month. An applicant will usually need at least £1,270 available for 28 days.
  7. Criminal Record Certificate Requirement
    In certain professions, particularly those that involve working with vulnerable individuals, it is necessary to have certain qualifications or certifications. Such credentials are mandatory for these jobs. The applicant must provide a certificate from any country where they have resided for at least 12 months in the past decade.
  8. Tuberculosis Test Results
    Applicants listed in the country where they must take the test must include their tuberculosis test results.
  9. Academic Qualifications
    Required if they’re relevant to your position or necessary for the sponsorship. It might involve providing diplomas, transcripts or employment references.
  10. Proof of Relationship If applying with dependents, they must provide evidence of your relationship, including marriage or birth certificates. It is imperative for them to verify that their relationship is authentic and presently ongoing.

Skilled Worker visa requirements for employers

Employers based in the UK can obtain Skilled Worker sponsorship to employ skilled foreign workers.The employer must obtain a sponsorship license. Once a sponsor licence is granted, they can provide eligible workers a Certificate of Sponsorship (CoS).

While applying for a Sponsor Licence, an employer must show that they meet the following requirements:-

  • Demonstrating Legitimacy: Employers must prove their business is legitimate and operational within the country.
  • HR Systems Check: Immigration authorities may review a sponsor’s human resources systems and procedures to ensure the sponsor can manage sponsorship duties/responsibilities.
  • No Unsettled Violations: The sponsor must ensure that there are previous breaches of immigration law.

Visa Entitlements

The Sponsored Worker under the UK Skilled Worker visa category is issued for an initial maximum of five (5) years, with unlimited extensions. UK Skilled Worker visa applicants will have access to public schools and the National Health Service free of charge. Eligible dependents under a UK Skilled Worker visa may also be able to work or study without any restrictions.

After completing a continuous period of five years under the UK Skilled Worker visa category, individuals are eligible to apply for Indefinite Leave to Remain (ILR).

FAQ

Skilled Worker visa holders (leave granted before 11 January 2018) must not spend more than 180 days outside the UK in any 12-month period to be eligible for indefinite leave to remain (ILR). Applicants who were granted leave starting on or after 11 January 2018, any time they spend outside the UK will be looked at as a continuous period, not in fixed blocks. Applicants under the Skilled Worker visa category should not be outside the UK for more than 180 whole days in any consecutive 12-month period.

Applicants applying for the Skilled Worker visa category must have spent a continuous 5-year period in the UK. This period must include time with permission on any of the following routes: Skilled Worker, Global Talent, Innovator, T2 Minister of Religion, T2 Sportsperson, Representative of an Overseas Business, as a Tier 1 Migrant (excluding Tier 1 Graduate Entrepreneur), or Scale-up.

To be granted Indefinite Leave to Remain (ILR), an applicant still needs to be employed by the sponsor for the foreseeable future.

Dependants of a UK Skilled Worker visa applicant (including children under 18 years of age) or (husband, wife, civil partner, unmarried partner or same-sex partner) will be eligible to live and stay in the UK with the main applicant. They can live and work in the UK without any restrictions. Dependants of a Skilled Worker visa applicant will be granted leave in line with the expiry date of the PBS migrant's (or main applicant's) leave.

Dependents of a UK Skilled Worker visa applicant will be subject to the following conditions during their stay:

    • Prohibition from accessing public funds.
    • Obligation to register with the police, if applicable.
    • Restriction from pursuing employment as a doctor or dentist in training unless they hold a primary degree in medicine or dentistry from a recognized UK institution and are not subject to any conditions restricting such employment.
Scroll to Top