Your Guide to the Skilled Worker Visa in the UK

The Skilled Worker Visa serves as a gateway to the United Kingdom for individuals worldwide, offering a pathway to secure employment and potential settlement. Embracing diversity and talent, this visa route welcomes skilled professionals from diverse backgrounds, fostering growth and innovation within the UK workforce. Let’s explore the Skilled Worker Visa in detail, from eligibility requirements to application procedures, and uncover the opportunities it presents for aspiring migrants.

Understanding the Skilled Worker Visa

The Skilled Worker Visa is designed for individuals of all nationalities who possess an offer of an eligible skilled job in the UK from a sponsor approved by the Home Office. This visa route not only facilitates employment but also provides the possibility of settlement, allowing applicants to build a stable future for themselves and their families in the UK.

Eligibility Criteria for the Skilled Worker Visa

To qualify for the Skilled Worker Visa, applicants must meet specific criteria outlined by UK Visas and Immigration:

1. Age Requirement: Applicants must be aged 18 or over at the time of application.

2. Certificate of Sponsorship: A valid Certificate of Sponsorship for the intended job is required.

3. Genuine Job Offer: The job offer must be a genuine vacancy, meeting certain skill and salary requirements.

4. Skill Level: The job must be at an appropriate skill level, as determined by the UK’s Standard Occupational Classification (SOC) 2020.

5. Salary Threshold: Applicants must be offered a salary that meets or exceeds both the general salary threshold and the ‘going rate’ for the relevant SOC 2020 occupation code.

6. Immigration Skills Charge: The sponsoring employer must pay any required Immigration Skills Charge.

7. English Language Proficiency: Competency in English, equivalent to at least CEFR Level B1 (IELTS 4.0), is necessary.

8. Financial Stability: Applicants must demonstrate sufficient funds to support themselves without relying on public funds.

9. Additional Documentation: Depending on individual circumstances, applicants may need to provide a criminal record certificate and/or a valid tuberculosis (TB) certificate.

Our leading London Law Firm specialises in navigating these complexities, ensuring that applicants present compelling cases that meet the stringent criteria outlined by the Home Office

Benefits of the Skilled Worker Visa

• No Cap: Unlike previous visa routes, there is no limit on the number of individuals who can enter the UK through the Skilled Worker route, offering boundless opportunities for skilled professionals.
• Dependent Inclusion: Successful applicants can be accompanied by their dependent partners and children, promoting family unity and stability.
• Path to Settlement: The Skilled Worker Visa can lead to settlement in the UK, providing a pathway for long-term residency and citizenship.

Individuals interested in setting up or owning a business in the UK may be eligible for the Skilled Worker visa through self-sponsorship, being sponsored by their own UK company. Separate guidance is available for self-sponsored applicants seeking this visa route.

Certificate of Sponsorship (CoS) Requirement

Central to the Skilled Worker Visa application process is the necessity of obtaining a valid Certificate of Sponsorship (CoS) for the intended job role. The CoS must be issued by an employer authorised by the Home Office to sponsor positions under the Skilled Worker route. Applicants must ensure their sponsor is listed as A-rated on the Home Office’s register of licensed sponsors. Additionally, the CoS must be issued no more than three months before the date of the Skilled Worker application and include specific mandatory information such as the applicant’s name, job details, salary, and start date.

The Home Office scrutinises applications to ensure that sponsored job roles represent genuine vacancies. Applicants must demonstrate their capability to undertake the assigned role as per the specifications outlined in the CoS. Any suspicion of fictitious job roles or arrangements designed solely for visa purposes can lead to application refusal.

Applicants must verify that their sponsoring employer has fully paid any required Immigration Skills Charge. This charge is applicable for each foreign worker assigned a CoS and must be settled each time a CoS is assigned.

The job role being sponsored must meet or exceed the minimum skill level requirement set by the UK government. Under the Skilled Worker route, eligible jobs must be skilled to at least RQF level 3, roughly equivalent to A-levels. The appropriate job codes listed in Appendices Skilled Occupations and Immigration Salary List determine eligibility.

Proficiency in English, at least at level B1 (intermediate) on the Common European Framework of Reference for Languages, is a prerequisite for the Skilled Worker Visa. Applicants can fulfill this requirement through various means, including passing a Secure English Language Test or possessing a degree taught in English.

Employers sponsoring individuals under the Skilled Worker route must adhere to minimum salary thresholds, which vary based on factors such as job type and location. Applicants must ensure their salary meets or exceeds both the general salary threshold and the ‘going rate’ for the relevant occupation code.

For sponsored skilled workers applying under the Skilled Worker route, tradable points offer flexibility for those earning less than £38,700 annually. These points are awarded based on specific attributes, enabling applicants to meet salary requirements under certain conditions.

Tradable points scenarios include:

– Applicants with relevant PhD qualifications may meet salary thresholds ranging from £23,200 to £34,830, depending on the nature of their qualification and its alignment with the job role.

– New entrants to the labour market, including individuals under 26 years old or transitioning from Student or Graduate Visas, may benefit from reduced salary thresholds, starting from £23,200 per year.

The UK Skilled Worker Visa encompasses diverse applicant categories, each subject to specific salary requirements tailored to their circumstances. These categories include:

• Skilled Workers Granted Before 4 April 2024: Applicants falling under this category may be subject to varied salary thresholds, with options to leverage tradable points for salary adjustments.
• Health and Care Visa ASHE Applicants: Sponsored Health and Care Workers applying under the Annual Survey of Hours and Earnings (ASHE) scheme adhere to specific salary thresholds, potentially benefitting from tradable points for salary adjustments.
• Health and Education SOC 2020 Occupation Codes: Applicants sponsored for roles within eligible health and education SOC 2020 occupation codes, where going rates are based on national pay scales, must meet distinct salary requirements, ensuring compliance with regulatory standards.

In addition to annual salary thresholds, certain SOC 2020 occupation codes mandate minimum hourly rates, further enhancing regulatory compliance. These rates, set at £15.88 per hour for most categories, ensure equitable compensation for skilled workers. However, exceptions apply based on applicant categories and sponsorship timelines, underscoring the nuanced nature of salary requirements.

The Immigration Salary List, curated by the Home Office, identifies occupations where employers encounter challenges in securing skilled workforce, allowing for tailored salary adjustments. Skilled Worker eligible occupations listed on the Immigration Salary List offer flexibility in meeting salary thresholds, ensuring employers can attract and retain skilled professionals essential for economic growth.

Applicants falling within the ‘New Entrant to the Labour Market’ category enjoy reduced salary threshold requirements, provided they meet specified criteria. Individuals under 26 years old or engaged in postdoctoral research positions or professional qualifications may benefit from these concessions, facilitating smoother transitions into the UK workforce.

To meet the financial requirement, applicants must demonstrate cash funds of at least £1,270, which must be held for a minimum of 28 consecutive days preceding the visa application. However, applicants exempt from this requirement include those with an ‘A-rated’ sponsor willing to cover maintenance costs up to the first month of employment. Additionally, individuals with 12 months or more of lawful residence in the UK at the time of application are exempt from demonstrating financial funds.

Applicants sponsored for specific jobs, primarily in health, care, welfare, and education sectors, may need to furnish a criminal record certificate for countries where they have resided for 12 months or more since the age of 18, within the preceding 10 years of the application date.

Unlike previous regulations, employers sponsoring skilled workers under the Skilled Worker Visa route are relieved from undertaking a Resident Labour Market Test. However, sponsors must genuinely intend to fill existing vacancies, ensuring compliance with immigration standards.

Individuals currently holding leave to remain in other immigration categories may extend their stay by switching to the Skilled Worker route, barring specific visa categories like Visitor or Short-term student. Students may transition to the Skilled Worker Visa route upon completing their studies or meeting predetermined conditions related to course completion.

Under previous regulations, applicants faced a 12-month ‘cooling off period’ if applying for entry clearance or switching into the Tier 2 (General) route. However, the Skilled Worker route eliminates this restriction, allowing flexibility in application timelines without prior residency constraints.

The UK Skilled Worker Visa stands as a beacon of opportunity, welcoming skilled professionals from across the globe to contribute to the country’s vibrant workforce. From eligibility criteria to application procedures, understanding the nuances of this visa route is crucial for aspiring migrants. By unlocking the potential of the Skilled Worker Visa, individuals can pursue employment prospects, potential settlement, and long-term growth within the UK.

Why instruct our specialist immigration team?

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. We can assist you with the preparation and submission of a spouse visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.

Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your visa application.

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