UK Skilled Worker Visa

What is the Skilled Worker Visa?

The Skilled Worker Visa is the primary UK work visa designed to enable UK employers to sponsor non-UK nationals in skilled roles. The route replaced the Tier 2 (General) Work Visa. It allows foreign nationals to work for eligible employers across a broad spectrum of professions in the UK (including within UK waters).

To qualify, you need a job offer from a licensed sponsor, meet specific skill and salary requirements, demonstrate English proficiency, and show financial stability.

The visa operates under the Points Based System and requires applicants to obtain 70 points in addition to meeting other specific eligibility requirements.

It creates a route for spouses, ‘durable’ partners and dependent children to apply and join the main visa applicant in the UK as Skilled Worker dependants.

If approved, visa holders can stay in the UK with a Skilled Worker visa for up to 5 years and 14 days, or the duration specified on their Certificate of Sponsorship (CoS) plus one month, whichever is shorter. Therefore, the duration of your visa can vary depending on your circumstances.

Role of Employers

Before a skilled worker can apply for their visa, their employer must obtain a sponsor license from the Home Office. This means that the employer has met specific criteria set by the Home Office and has been granted a sponsor licence. If the employer does not have one, they must apply for it, which could delay the start of new skilled workers. Once obtained, the employer must have an allocation of certificates they can assign to skilled workers.

There are two Certificates of Sponsorship (CoS) categories: Defined and Undefined. Each CoS is unique to a skilled worker. By issuing it, the sponsor confirms to the Home Office that the proposed employment conditions comply with the requirements of the relevant visa route.

A sponsor license can take up to 8 weeks to process, assuming it is accepted on the first application. Therefore, employers need to allow sufficient time to have this in place before skilled workers can apply for visas.

Pathway to Permanent Settlement

One of the benefits of the Skilled Worker Visa is the pathway it provides to permanent settlement. After five years of continuous residence in the UK, visa holders can apply for indefinite leave to remain (ILR). This status allows them to stay in the UK indefinitely and eventually apply for British citizenship after 12 months.

To be eligible for ILR, applicants must meet additional requirements under Appendix Skilled Worker of the UK’s Immigration Rules, with requirements such as:

• Continuous residence
• Sponsorship and salary threshold
• Knowledge of life in the UK

Bringing Family Members

If you hold a Skilled Worker Visa, you may be able to bring eligible dependents, including your partner and children, to the UK. The visa duration for dependents will typically match the expiry date of the main visa holder's Skilled Worker Visa.

Eligible Dependents

Your partner can join you in the UK if they are your spouse, civil partner, or unmarried partner. For unmarried partners, you must have been living together for at least two years, or provide valid reasons for not living together, such as work or cultural reasons.

Children under 18 years old can also join you as dependents. Children over 18 can be included in your application if they already have dependent status.

Application Process

Each family member must fill out a separate application and pay the required fee if applying from outside the UK. You will need to provide proof of relationship, such as marriage certificates for partners or birth certificates for children. Additionally, other documents may be required, including bank statements, NHS registration, or university/college letters.

Conditions for Children Aged 16 and Older

If your child is 16 or older, they must live with you, cannot be married or in a civil partnership, cannot have children of their own, and must be financially supported by you.

Applying for an Extension or Switching Visas

Dependents can apply for an extension or switch to a Skilled Worker Visa at the same time as the main visa holder, or before their current visa expires.

Switching into the Skilled Worker Route

If you currently hold a leave to remain in another immigration category, you can apply to extend your stay by switching to the Skilled Worker route, unless you have, or were last granted permission as a:

• Visitor
• Seasonal Worker
• Short-term student
• Parent of a Child Student
• Domestic Worker in a Private Household

Furthermore, if you have, or were last granted permission as a student, you can only apply to switch into the Skilled Worker Visa route if you have:

• Completed the course of study for which the Confirmation of Acceptance for Studies (CAS) was assigned.
• Finished the course on your Certificate of Sponsorship (CoS) before the start date.
• Completed at least 24 months of your course if it is leading to a PhD.

To be eligible for this type of visa, you must have an offer of employment in a skilled job from an approved UK employer. The role must meet specific requirements, typically based on your salary and job classification.

The qualifying job offer must be supported by a Certificate of Sponsorship (CoS), which includes the employer’s name and sponsor licence number, and must be used within three months of issuance. As part of the application process, you need to provide details about your job title, annual salary, and the job’s occupation code.

If your employer has a Sponsor Licence and your job meets the eligibility criteria, you should receive a Certificate of Sponsorship. You must then submit your Skilled Worker Visa application within three months of receiving this certificate.

Additionally, your job role must fall under one of the occupational codes specified by the Home Office. These codes, usually 4-digit numbers, describe the nature of your work and determine eligibility.

Genuine Vacancy

The Home Office assesses the genuineness of a vacancy while reviewing applications for entry clearance and permission to stay. A genuine vacancy, as defined by the Home Office, is one that:

• requires the jobholder to perform the specific duties and responsibilities for the job and meets all of the requirements of the relevant route
• does not include dissimilar and/or predominantly lower-skilled duties
• is appropriate to the business in light of its business model, business plan and scale

The Home Office seeks to ensure that the role truly exists, the job description has not been exaggerated, and that the position was not created mainly to facilitate an overseas national's entry or stay in the UK. If the role was advertised, they will scrutinise whether the requirements were inappropriately designed to exclude resident workers.

Failing to meet the Genuine Vacancy Requirement can lead to several consequences, including the refusal of a sponsor licence application, the revocation of an existing sponsor licence, and the refusal of a visa application.

The job must remain genuine throughout the entire sponsorship period, not just at the time of application. The Home Office also conducts compliance visits and investigations to ensure ongoing compliance.

Key Requirements

Skilled workers are workers in competitive fields that benefit the UK and its economy, and you must meet certain requirements to have your application accepted. Your workplace must vouch for you through a Certificate of Sponsorship, and your role must be a ‘genuine vacancy’.

To meet the requirements, you must:

• Be aged 18 or over
• Have been offered a qualifying skilled job in the UK
• Provide a criminal record certificate, if required
• Provide a valid TB certificate, if required
• Have the suitable experience and skills for the position
• Be offered a minimum and ‘appropriate’ salary
• Have the required level of English (CEFR level B1)
• Ensure the company has a valid sponsor licence
• Have a Certificate of Sponsorship (CoS) from a licensed sponsor company before you can apply. The work you do in the UK must relate to the work of your sponsor organisation

Points

The Skilled Worker Visa operates on a points-based system. Applicants need to accrue a minimum of 70 points to be eligible. These points are divided into 50 mandatory or "non-tradeable" points and 20 "tradeable" points.

Mandatory Points

The mandatory criteria include a job offer from an approved sponsor (20 points), a job at the appropriate skill level (RQF level 3 or above) (20 points), and English language proficiency at least at CEFR Level B1 (10 points).

Tradeable Points

Tradeable points can be earned through criteria, such as meeting specific salary thresholds, having relevant PhD qualifications (especially in STEM fields), or being a new entrant to the labour market.

Job Offer from a UK Employer

The job offer must be supported by a Certificate of Sponsorship, which includes the employer’s name and sponsor licence number, and must be used within three months of issuance. Applicants need to provide details about their job title, annual salary, and the job’s occupation code as part of the application process.

Salary

The Home Office publishes job salary requirements based on a 37.5-hour working week and must be pro-rated for other working patterns. In addition to the minimum annual salary requirements, there is also a general minimum hourly rate of £15.88, which applies regardless of any salary discounts that may be applied based on tradeable points.

If you are going to be sponsored in a Health of Education occupation code (SOC 2020), where the going rates are based on the national pay scales, then the hourly rate requirement does not apply.

For anyone sponsored before April 2024 and planning to extend or switch their visa, the general minimum hourly rate is £11.90, which applies regardless of any salary discounts that may be applied based on tradeable points.

Initial applications

For initial applications with a Certificate of Sponsorship (CoS) issued from 4 April 2024, the typical salary requirement for a skilled job is either £38,700 per year or the ‘going rate’ for the type of work you’ll be doing – whichever option is higher. The going rate will depend on the occupational code your role falls under and whether any reductions would be applicable based on your circumstances.

There are situations where you may be eligible even if you are paid less, if your job is listed under the Immigration Salary List in the UK due to skills shortage in the industry.

New Entrants to the labour market may also qualify with a slightly lower salary. In some cases, you may still be eligible if your salary is at least £30,960 per year. Eligible jobs need to meet at least one of the following criteria:

• You are under 26 and are either studying, recently graduated or in professional training
• You have a postdoctoral position in higher education or science
• You have a qualification at PhD level that is relevant to your job in science, technology, engineering or maths – any other subject may raise the salary requirements
• Your occupation is in the Immigration Salary List

Please note that there are different salary rules based on national pay scales if you work in some education or healthcare jobs. For Health & Care Visa occupations on the Immigration Salary List, the income threshold would be either £23,200 or the occupation going rate. This lower salary threshold applies to national pay scale occupations such as qualifying NHS, Teachers or Education professionals. Still, again, you must also be paid at least the appropriate rate set by the national pay scale for that role or salary band.

Extensions

For Extensions for those with CoS issued before 4 April 2024, you may benefit from ‘Legacy’' rules where you may rely on the previous (lower) salary rates of at least £29,000 or the going rate, whichever is higher. This 'Legacy' concession will be available until 4 April 2030, as most Skilled Worker migrants who benefit should have applied for Indefinite Leave to Remain (ILR) by then.

Financial Requirements

You will need to prove that you can support yourself while living in the UK, without the need for public funds. You will need to show you have had at least £1,270 in your bank account for 28 consecutive days, the last day being within 31 days of applying for the Skilled Worker Visa.

If you have any dependents, you will need to show additional funds for each of them:

• £285 for your partner
• £315 for one child
• £200 for each additional child

The financial requirements may not apply to you if you either:

• Have been in the UK with a valid visa for 12 months or more
• Have an employer who can cover your costs during the first month in the UK (up to £1,270)

If the employer is supporting you instead, the appropriate section of the Certificate of Sponsorship should be filled to state this clearly.

English Proficiency

To qualify for the Skilled Worker Visa, applicants must demonstrate their proficiency in English. Applicants must have at least a B1 level of English, which is the third level in the Common European Framework of Reference (CEFR). This level is considered intermediate and indicates that applicants can effectively read, write, speak, and understand English in a work environment in the UK.

Alternatively, language ability can be demonstrated by either having a GCSE, A Level, Scottish National Qualification level 4 or 5, Scottish Higher, or Advanced Higher in English or having a degree-level academic qualification taught in English.

Exemptions

Applicants who are nationals from one of the following English-speaking countries are exempt from this requirement.

Minimum Skill Level

The minimum skill level required for the Skilled Worker Visa is RQF Level 3, which is equivalent to A-levels. In addition to meeting other requirements, the job must be listed as an eligible occupation for the visa and have a standard occupation code (SOC). This ensures that the job aligns with the skilled worker route guidelines. Employers must ensure the job being offered meets these criteria to avoid visa refusals.

Failing to meet the skill requirements can result in a visa refusal, even if the job offer is from a valid UK sponsor. This requirement guarantees that visas are granted only to skilled individuals, thereby maintaining the quality of the UK workforce.

Required Documentation

When you apply online, you will need to provide:

• a valid Certificate of Sponsorship, which will be issued to you by the authorized employer
• the name of your employer and their sponsor licence number
• your job title and annual salary
• The Standard Occupation Code (SOC) for your job
• Evidence that you meet the financial requirements

Certificate of Sponsorship

A Certificate of Sponsorship is a digital document provided by the employer and is essential for the visa application. Each certificate has a unique reference number that the applicant must use. This electronic record includes details about the job, such as:

• Role title
• Work dates
• Salary
• Sponsor details

The certificate must be issued by an employer listed as A-rated on the Home Office’s register and used within three months for the visa application. It verifies the legitimacy of the job offer and the employer’s authorization to hire foreign workers.

Passport

You must have a valid passport or other document showing your identity and nationality. You will need a blank page in your passport if you are:

• from outside the EU, Switzerland, Norway, Iceland or Liechtenstein
• from the EU, Switzerland, Norway, Iceland or Liechtenstein but do not have a biometric passport with a chip in it

Additional Documentation

Depending on your circumstances, you may also need to provide the following:

• Proof of English proficiency
• TB (tuberculosis) test results if you are from a listed country
• Evidence that you meet the financial requirements and have savings to support yourself in the UK
• Provide proof of your relationship with your partner or children if they are applying with you as dependents.
  • Dependents will be subject to additional requirements as part of their own visa application
• Valid ATAS certificate if your work is at PhD level or higher and your work involves researching a sensitive subject
• UK PhD certificate, or your unique Ecctis reference number if applicable

Biometric Information

Applicants will need to visit a visa application centre to provide their biometric data, including fingerprints and a digital photo.

Criminal record certificate

If you’re applying from outside the UK, you will need to provide a criminal record certificate if you will be working in one of the following sectors:

• education e.g.teachers, education managers, teaching assistant
• healthcare e.g. nurses, doctors, paramedics, dental practitioners
• social services e.g. social services managers and social workers

How to Apply for the Skilled Worker Visa

There are differences in how you apply, depending on whether you are applying from outside the UK or from within the UK to extend or switch to this visa. In general, the steps to apply for the skilled worker visa are:

1. Secure a job offer from a UK employer with a valid sponsorship licence.
2. Ensure the job meets the eligibility requirements and is on the list of eligible occupations.
3. Obtain a Certificate of Sponsorship from the employer.
4. Prepare the additional documentation documentation such as ID, evidence of meeting financial requirements, English language proficiency, and other documentation where applicable, and ensure it is presented in the required format.
5. Complete the online application is completed on the Home Office website up to three months before the job start date.
6. Pay the required fees, including:
   • Visa application fee
   • Immigration Health Surcharge
   • Any additional Priority or appointment fees
7. Visit a visa application centre to provide biometric information or use the ‘UK Immigration: ID Check’ app.
8. Submit your application and supporting documents
9. Wait for a decision on your application. Processing times are typically:
   • 3 weeks if applying from outside the UK
   • 8 weeks if applying from inside the UK

Skilled Worker Visa Costs

The application fee for a Skilled Worker Visa depends on your situation.

Applying Outside the UK

• You will pay £719 if you stay in the UK for up to 3 years, or £1,420 if you stay more than 3 years. Please note that this cost is per person.

Applying Within the UK

• To update, switch or extend your visa, you will need to pay £827 for a stay of up to 3 years, and £1,636 for more than 3 years.

For Jobs on the Immigration Salary List

• The fees are the same regardless of whether you are applying from outside or within the UK. The cost is £551 for up to 3 years and £1,084 for over 3 years.

Healthcare Surcharge

• You will need to pay the healthcare surcharge, which is usually £1,035 per year per person for each year of your stay. If you are applying to come to the UK with dependents, they will also need to pay this. The government has a online tool to calculate the immigration health surcharge.

Fast-Tracked Service:

• There will be additional fees for using the fast-tracked service.

QC immigration helps by ensuring your case is well presented and includes all relevant evidence, considerably increasing your chances of being granted a visa on the first try, which will save you time and money.

Processing Times

The Skilled Worker Visa processing times can vary depending on where the application is submitted.

Applying inside the UK

• Applications submitted from within the UK take up to eight weeks to process.

Applying outside the UK

• Applications submitted from outside the UK typically take about three weeks to process.

The application timeline can be affected by various factors, including the completeness of the application and whether additional information is requested. The Home Office may need extra time to review your application, for example, because:

• your supporting documents need to be verified
• you need to attend an interview
• of your personal circumstances, for example if you have a criminal conviction

QC Immigration can advise you whether it may be possible to pay for fast-tracked processing, which will depend on the location of the application submission.

Immigration Skills Charge

If you are applying from outside the UK to work in the UK for 6 months or more, or you are applying inside the UK for any length of time, your employer will need to pay an additional charge when they assign a certificate of sponsorship to you. This is known as the immigration skills charge.

There are some occupational codes which are exempt from this charge

• chemical scientists (2111)
• biological scientists (2112)
• biochemists and biomedical scientists (2113)
• physical scientists (2114)
• social and humanities scientists (2115)
• natural and social science professionals not elsewhere classified (2119)
• research and development managers (2161)
• other researchers, unspecified discipline (2162)
• higher education teaching professionals (2311)

After Skilled Worker Visa Approval

Once the visa is approved, you are permitted to work in the job for which you have been sponsored. You can also undertake supplementary employment or voluntary work in your spare time, provided you continue working in your sponsored job.

Skilled Worker Visa holders can study, subject to certain conditions such as providing an ATAS certificate if required. However, access to public funds is not permitted under this visa.

Changing Employers on a Skilled Worker Visa

Major changes such as changing jobs or employers while holding a Skilled Worker Visa requires a new visa application. This process is necessary even if you are moving to a new role with the same employer but under a different Standard Occupation Code (SOC). In either case, the employer must be a Licensed Sponsor.

Extending Your Skilled Worker Visa

Extending a Skilled Worker Visa is possible if the applicant remains with the same employer and in the same occupation code. The extension process requires the submission of an online application before the current visa expires, following the Skilled Worker Visa route.

The visa can be extended multiple times, allowing skilled workers to continue their employment in the UK without interruption. Applications must be made online before your current visa expires. Dependants can choose to apply to extend their visa at the same time as you, or at any point before the end of their visa.

If the applicant has fulfilled the 5-year residency requirement, they may become eligible to apply for UK Indefinite Leave to Remain.

Skilled Worker Visa Refusal

Skilled Worker visa applicants often face refusal due to several common issues:

• Not meeting the salary requirements for their job as set out in the Appendix Immigration Salary List.
• Failing to provide a genuine application.
• Not meeting the skill requirements for the position.
• Insufficient funds to support themselves.
• Submitting documents in the wrong format.

In our experience, providing incorrect or insufficient information on the application form is a primary reason for refusal. Submitting documents in the wrong format, such as missing certified translations, can also result in rejection.

UK Visas and Immigration (UKVI) have the right to refuse applications if they suspect the job offer is not genuine or if the applicant has a history of non-compliance with UK immigration rules.

When you receive a refusal, it is important to review the reasons to decide on the next best step. Immigration lawyers, like those at QC Immigration, have years of experience in helping clients take action after receiving a refusal. For example, we can help:

• Apply for an administrative review: Request UKVI to recheck the decision if a mistake was made.
• Appply for a judicial review: Escalating the challenge to the courts to review the legality of the decision.
• Prepare and submit a fresh application: Address the issues that led to the refusal and reapply.

Get Help Applying for a Skilled Worker Visa

The Skilled Worker Visa is an excellent pathway for professionals seeking to work in the UK. It requires eligible applicants to secure an eligible job that meets a minimum salary threshold. ou should demonstrate that you have sufficient personal savings and meet a range of other criteria defined by the Home Office.

Securing a visa under this route requires careful planning from both the skilled worker applicant and the sponsoring employer. The employer must have a sponsorship licence, and the applicant needs a Certificate of Sponsorship reference number to include in their application.

Successful visa applications can be issued in as little as 3 or 8 weeks from the time of submission, depending on where you are applying from. Using an immigration lawyer can help ensure your application is accurate and meets the requirements outlined by the Home Office.

At QC Immigration, we specialize in UK immigration and have assisted many individuals with both standard and complex Skilled Worker visa cases. Whether you need expert guidance on sponsoring a skilled worker, applying for a sponsor licence, or navigating the Home Office application process for a Skilled Worker visa, we are here to help.