Skilled Worker Visa
Skilled Worker Visa Content Overview
- What is the UK Skilled Worker Visa?
- Eligibility Requirements for the Skilled Worker Visa
- How to Apply for a Skilled Worker Visa
- Contact Us
- Skilled Worker Visa Points System
- Processing Times and Application Fees
- Switching to a Skilled Worker Visa
- Extending or Renewing the Skilled Worker Visa
- Path to Settlement (Indefinite Leave to Remain)
- How Our Law Firm Can Help
- Contact Us
- FAQs
- Visa Glossary
- Visa Resources
Skilled Worker Visa UK
The UK Skilled Worker Visa allows skilled foreign nationals to work in the UK under a government-regulated points-based system. Replacing the Tier 2 (General) visa in December 2020, the Skilled Worker Visa is aimed at addressing gaps in the UK labor market by allowing businesses to sponsor skilled workers in various industries like healthcare, engineering, IT, and education. The visa plays a crucial role in attracting highly qualified individuals to contribute to the economy, particularly in sectors facing talent shortages.
The visa also offers a pathway to settlement for applicants who have legally resided in the UK for five years. Applicants may bring dependents, including spouses and children, who are also eligible to work or study in the UK under this visa route. With the 2023 updates, this visa has undergone refinements to streamline the process and ensure better alignment with the needs of the UK economy.
Eligibility Criteria
Sponsorship Requirement
To be eligible for the Skilled Worker Visa, applicants must have a job offer from a UK Home Office-licensed sponsor. This Certificate of Sponsorship (CoS) is a critical document that the employer provides, detailing the applicant’s role, salary, and job responsibilities. Employers must be registered and compliant with sponsor duties such as ensuring that the job is genuine and necessary, monitoring the employee’s immigration status, and reporting any changes like absences from work to the Home Office.
The role offered must meet the skill level requirements (typically equivalent to RQF Level 3, which corresponds to A-level qualifications). Without this certificate, applications will not proceed, as the sponsor essentially acts as a gatekeeper for the applicant’s eligibility.
Minimum Salary & Job Offer Requirements
A key aspect of the Skilled Worker Visa is the salary threshold, which has been increased to £38,700 annually or the going rate for the specific job role, whichever is higher. Certain job roles, such as those in healthcare or shortage occupations, allow for reduced salary thresholds. For PhD-qualified applicants or new entrants to the workforce, there are additional salary discounts available.
Additionally, roles must be at a required skill level, and employers must ensure the job and salary comply with the UK’s National Minimum Wage and Working Time Regulations.
English Language Requirement
Applicants for the Skilled Worker Visa must meet the English language proficiency requirement at a B1 level of the Common European Framework of Reference for Languages (CEFR). This can be proven by taking an approved English language test, holding an academic qualification taught in English, or being a national of an English-speaking country.
This ensures that migrants can integrate into both their workplace and the UK society, facilitating better communication and performance in their professional roles. Failure to meet this requirement will result in the application being rejected.
Financial Requirement
Most applicants need to demonstrate they have sufficient financial resources to support themselves and any dependents upon arrival in the UK. The minimum amount is £1,270, which must be maintained for 28 consecutive days in a bank account prior to applying. Some applicants may be exempt if their sponsor covers this cost. It is important for applicants to show they can afford living expenses and won’t need to rely on public funds while in the UK.
How to Apply for a Skilled Worker Visa?
Application Steps for Employers
Employers must first apply for and obtain a Sponsor License from the UK Home Office before they can hire skilled workers under this visa route. This process involves proving that the business is legitimate and capable of fulfilling the sponsorship obligations. Once the sponsor license is granted, employers must issue a Certificate of Sponsorship (CoS) to the applicant, detailing the job offer, salary, and skill requirements.
Employers are responsible for ensuring compliance with immigration laws, monitoring employees’ immigration status, and reporting any changes to the Home Office. Regular checks are conducted to ensure employers are not violating their duties, and non-compliance can result in penalties or suspension of the sponsor license.
Application Steps for Workers
Once an applicant has received their Certificate of Sponsorship, they can proceed with the online visa application process via the UK government website. Applicants must provide:
- Proof of identity (passport or other valid ID)
- Certificate of Sponsorship
- Evidence of English proficiency
- Financial documents showing the ability to support themselves
- Criminal record certificate (for certain job roles)
The visa fee varies depending on the length of stay and whether the applicant’s role falls within the Shortage Occupation List. The Immigration Health Surcharge (IHS), which grants access to the NHS, must also be paid upfront.
To discuss your UK Skilled Worker Visa application with one of our immigration experts, please contact X Law Lawyers.
Skilled Worker Visa Points System
The UK Skilled Worker Visa operates on a points-based system where applicants must score at least 70 points to qualify. Points are awarded across four main areas:
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Mandatory Points (50 points): These include 20 points for a job offer from a licensed sponsor, 20 points for a job at the appropriate skill level, and 10 points for meeting the English language requirement.
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Tradeable Points (20 points): Additional points can be earned for factors like higher salaries (over £26,200), PhD qualifications, or if the job is listed on the Shortage Occupation List.
This flexible system allows applicants to qualify even if they do not meet the salary threshold, provided they have other compensating factors like educational qualifications or job roles in high-demand sectors.
Mandatory Points Breakdown
The first 50 points come from non-negotiable factors:
- A job offer from an approved sponsor (20 points)
- A job at an appropriate skill level (20 points)
- English language proficiency (10 points)
Tradeable Points Breakdown
The remaining 20 points are tradeable, which means applicants can earn points by meeting criteria such as:
- Earning a salary of £26,200 or higher (20 points)
- Holding a PhD (10 points)
- Working in a shortage occupation (20 points).
Processing Times and Application Fees
Processing times for the Skilled Worker Visa can vary depending on the applicant’s location and circumstances. On average, applications made from outside the UK are processed within three to eight weeks, but priority services can shorten this to as little as five days for an additional fee.
The visa fees range from £625 to £1,423, depending on the length of the visa and whether the job is on the Shortage Occupation List. Additionally, applicants must pay the Immigration Health Surcharge (IHS), which is £624 per year.
Switching to a Skilled Worker Visa
Applicants currently in the UK on another type of visa, such as a Student Visa, can switch to a Skilled Worker Visa without leaving the country, provided they meet the eligibility criteria. This process involves submitting a new application and providing supporting documentation such as a Certificate of Sponsorship and proof of English proficiency.
Applicants cannot switch to this visa from certain visa types, such as a Visitor Visa.
Extending or Renewing the Skilled Worker Visa
If a worker wishes to stay in the UK beyond their initial visa period, they can apply for an extension, provided they continue to meet the eligibility requirements, including the minimum salary threshold and job offer from a licensed sponsor. The application process for an extension is similar to the initial visa application, and it must be submitted before the existing visa expires
Path to Settlement (Indefinite Leave to Remain)
After holding the Skilled Worker Visa for five continuous years, applicants may qualify for Indefinite Leave to Remain (ILR), which allows them to live and work in the UK permanently. To be eligible, applicants must meet requirements such as the salary threshold, continuous residence, and passing the Life in the UK Test
How Our Law Firm Can Help
Our law firm specialises in UK immigration law, particularly assisting applicants with the Skilled Worker Visa process. From helping employers obtain sponsor licenses to guiding workers through the application and extension processes, we offer comprehensive services to ensure compliance and success.
We provide tailored advice based on the latest immigration rules and offer a free consultation to help you understand your options
To discuss your UK Skilled Worker Visa application with one of our immigration experts, please contact X Law Lawyers.
Skilled Worker Visa Frequently Asked Questions (FAQs)
What is the UK Skilled Worker Visa?
The UK Skilled Worker Visa allows individuals with a job offer from a licensed UK employer to live and work in the UK. It replaced the Tier 2 (General) visa and operates under a points-based system. The visa also provides a route to permanent settlement after five years.
What are the eligibility requirements for the Skilled Worker Visa?
To be eligible, applicants must have:
- A job offer from a licensed sponsor in the UK
- A Certificate of Sponsorship (CoS)
- A salary of at least £38,700 (or the going rate for the job)
- Proof of English language proficiency (at B1 level)
- Financial means to support themselves without public funds
How do I prove my English language proficiency?
Applicants can meet the English language requirement by:
- Passing an approved English language test
- Holding a degree taught in English
- Being a national of a majority English-speaking country
How many points do I need to apply for the Skilled Worker Visa?
You need a total of 70 points to be eligible. This is based on:
- 50 mandatory points (for a job offer, appropriate skill level, and English proficiency)
- 20 tradeable points (for factors like salary, job in a shortage occupation, or PhD qualification)
What documents are required for the Skilled Worker Visa application?
Applicants will need to submit:
- A Certificate of Sponsorship (CoS) from their employer
- Proof of English language proficiency
- Financial documents (bank statements showing at least £1,270)
- Passport or other valid travel documents
- Criminal record certificate (for certain job roles)
How much does it cost to apply for a Skilled Worker Visa?
The application fees vary based on the visa duration and role:
- £625 to £1,423 for the visa itself
- £624 per year for the Immigration Health Surcharge (IHS)
- Optional priority service fees for faster processing
What is the Immigration Health Surcharge (IHS)?
The Immigration Health Surcharge (IHS) is a fee paid by visa applicants to access the NHS. The fee is £624 per year, and it must be paid upfront for the entire duration of your visa
How long does it take to process a Skilled Worker Visa application?
Processing times vary depending on the type of service used:
- Standard service: 3 to 8 weeks
- Priority service: 5 working days
- Super-priority service: Next working day
Can I bring my family (dependents) with me?
Yes, skilled worker visa holders can bring their spouse or partner and children under 18 as dependents. Each dependent will need to meet financial requirements and apply for a visa.
Can I switch to the Skilled Worker Visa from another UK visa?
Yes, you can switch from certain visa categories (like the Tier 4 Student Visa) to the Skilled Worker Visa while remaining in the UK. However, you cannot switch from a Visitor Visa or Short-Term Student Visa.
Can I extend my Skilled Worker Visa?
Yes, you can apply to extend your Skilled Worker Visa if you meet the eligibility requirements, including continued employment with a licensed sponsor and earning the required salary.
What is a Certificate of Sponsorship (CoS)?
A Certificate of Sponsorship is an electronic record issued by your UK employer confirming your job offer and eligibility for the Skilled Worker Visa. The CoS is a key requirement for your visa application.
What is the minimum salary requirement for the Skilled Worker Visa?
For most jobs, the minimum salary is £38,700 or the “going rate” for the job, whichever is higher. However, lower salary thresholds apply to roles on the Immigration Salary List, new entrants, and PhD-qualified positions.
What are the Immigration Salary List roles?
Jobs on the Immigration Salary List are roles where the UK has a skill shortage, making it easier for employers to hire workers from outside the UK. For these jobs, the salary threshold is lower, starting at £30,960.
Can I apply for permanent settlement (Indefinite Leave to Remain) on Skilled Worker Visa Route?
Yes, after five continuous years on the Skilled Worker Visa, you can apply for Indefinite Leave to Remain (ILR), provided you meet the salary, job, and residence requirements. You will also need to pass the Life in the UK Test.
Do I need to attend a biometric appointment for Skilled Worker Visa?
Yes, most applicants will need to attend a biometric appointment to provide fingerprints and a photograph as part of the application process. This is a requirement for both the visa and BRP (Biometric Residence Permit).
Can I change jobs while on the Skilled Worker Visa?
Yes, but you will need a new Certificate of Sponsorship (CoS) from your new employer. You must also apply for a new visa if you are changing to a job that has different conditions or salary thresholds.
How long is the Skilled Worker Visa valid for?
The Skilled Worker Visa is typically granted for up to 5 years, but it can be shorter depending on your job contract or sponsor’s license. After this period, you can apply for an extension or permanent settlement (ILR).
Do I have access to public healthcare under the Skilled Worker Visa?
Yes, by paying the Immigration Health Surcharge (IHS), you gain access to the UK National Health Service (NHS)during your stay. The IHS fee is paid at the time of your visa application.
What happens if my visa application is refused?
If your visa application is refused, you will receive a notice detailing the reasons for the refusal. You may be able to appeal the decision, submit an administrative review, or reapply depending on the reasons for the refusal.
Can I work part-time on a Skilled Worker Visa?
Yes, you can work part-time, but your job must meet the minimum salary and skill requirements based on a full-time salary equivalent. You can also take on additional work outside your main job under specific conditions.
Can I study while on a Skilled Worker Visa?
Yes, you are allowed to study while on a Skilled Worker Visa, provided it does not interfere with your employment and visa conditions. You do not need to apply for a separate student visa to take part-time courses.
Can I start working before I receive my Skilled Worker Visa?
You cannot start working until your visa has been granted. However, if you are already in the UK and switching to the Skilled Worker Visa, you can start your new role as soon as you receive confirmation from the Home Office.
Can I work for more than one employer?
Yes, you may take up a second job while on a Skilled Worker Visa, but it must be in the same profession and for no more than 20 hours per week, unless you apply for a new visa for the second job.
Visa Glossary
Term | Definition |
---|---|
Skilled Worker Visa | A visa category that allows skilled professionals to live and work in the UK if they have a confirmed job offer from a Home Office-licensed employer. |
Certificate of Sponsorship (CoS) | An electronic document issued by a UK employer, confirming the job offer and eligibility of the applicant, and is a key requirement for the visa application process. |
Points-Based System | The UK's immigration framework that allocates points based on criteria such as a job offer, salary levels, qualifications, and English proficiency. |
Indefinite Leave to Remain (ILR) | A form of permanent residency that allows visa holders to stay and work in the UK without time restrictions, typically after five years of continuous lawful residence. |
Sponsor | A UK-based employer with a valid sponsorship licence, authorised by the Home Office to hire foreign workers under the Skilled Worker Visa. |
Maintenance Funds | The financial proof required to show that a visa applicant and their dependants can support themselves in the UK without accessing public funds. |
Biometric Appointment | A mandatory appointment where visa applicants submit fingerprints and photographs as part of their visa application process. |
Health and Care Visa | A specific visa route under the Skilled Worker Visa for qualified health professionals, allowing them to work in the UK healthcare sector. |
English Language Requirement | The condition for applicants to demonstrate their proficiency in English, typically through approved tests or by holding a degree taught in English. |
Job Offer | A confirmed offer of employment from a UK employer, which is a central requirement for obtaining a Skilled Worker Visa. |
Immigration Health Surcharge (IHS) | A fee paid by visa applicants to access the UK's National Health Service (NHS) during their stay in the UK. |
Switching Visas | The process by which individuals in the UK on a different visa category can apply to switch to the Skilled Worker Visa without leaving the country. |
Visa Extension | The process of applying to extend the duration of an existing visa before it expires, usually due to an extended job offer or employment extension. |
Dependants | Immediate family members, such as a spouse, partner, or children under 18, who can apply to join the main visa holder in the UK. |
Sponsorship Licence | The official authorisation that UK employers must hold in order to sponsor skilled workers from outside the UK, issued by the Home Office. |
Settlement | The process of obtaining permanent residency (Indefinite Leave to Remain) after meeting the necessary residency and visa requirements, typically after five years. |
Salary Threshold | The minimum salary requirement for the Skilled Worker Visa, set at £26,200 or the 'going rate' for the specific role, whichever is higher. |
Home Office | The UK government department responsible for overseeing immigration, visa processing, sponsorship, and national security. |
Visa Processing Time | The typical time it takes for the Home Office to process a visa application, which usually ranges from three to eight weeks depending on the application type and priority services. |
Right to Work | The legal permission for a visa holder to take up employment in the UK, provided the terms of their visa are adhered to. |
Visa Resources
Skilled Worker Visa Official Page – UK Visas and Immigration (UKVI)
Website: https://www.gov.uk/skilled-worker-visa
Working for More than One Employer
Website: https://www.gov.uk/skilled-worker-visa/your-job
UK Visas and Immigration (UKVI)
Website: https://www.gov.uk/government/organisations/uk-visas-and-immigration
Visa Processing Times
Website: https://www.gov.uk/visa-processing-times
Approved English Language Tests and Providers
Website: https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt
Immigration Health Surcharge (IHS)
Website: https://www.gov.uk/healthcare-immigration-application
Home Office Immigration Rules and Policies
Website: UK Immigration Rules