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Skilled Worker Visa

Skilled Worker Visa Route

What is the Skilled Worker route visa?

The Home Office made adjustments to the new points-based immigration system towards the end of 2020. The Skilled Worker route became available for applications, replacing the Tier 2 (General Work Visa) option. While the Tier 2 (General) and Skilled Worker routes have many characteristics, modifications have been made to allow firms to sponsor a larger workforce from outside the UK. These changes appear to make the system considerably more flexible, which may encourage migrants to consider the UK as a more enticing option. The new points-based system will include a path for talented employees who receive a job offer from a sponsoring firm.

What are the eligibility criteria?

This is a skilled worker visa application with a point system. The candidate must get a total of 70 points. These will be made up of required and “tradable” points, which will be as follows:

  • MANDATORY 20 POINTS – Licensed Sponsorship
  • MANDATORY 20 POINTS – employment with the appropriate competence level for sponsorship
  • MANDATORY 10 points – B1 (CEFR) English language level

Tradable Points

Salary must be worth 20 points. A “Standard Occupational Code (SOC)” is used to categorize all jobs. The “going rate” or minimum wage necessary for the post is determined by the SOC. If the candidate meets the criterion specified in Option A below, they will be able to earn the requisite 20 points.

Option A – 20 points

  • A salary of at least £26,200 per year
  • At least £10.75 per hour
  • At least the SOC going rate
If the applicant’s pay is less than the above, they may be able to get the requisite 20 points by “trading points” for other “attributes” or “characteristics” listed under Options B – F below.

Option B – 20 points

A Ph.D. in a subject relevant to the sponsored job and a salary of:
  • At least £23,580 per year;
  • At least £10.75 per hour; and
  • At least 90% of the going rate for SOC

Option C – 20 points

A Ph.D. in a STEM subject relevant to the sponsored job and a salary of
  • At least £20,960 per year;
  • At least £10.75 per hour;
  • At least 80% of the going rate for the SOC

Option D – 20 points

The job that falls on the UK shortage occupation list and a salary of
  • At least £20,960 per year;
  • At least £10.75 per hour;
  • At least 80% of the going rate for the SOC

Option E – 20 points

Applicant falls under the definition of a “new entrant” to the labour market and they have a salary of
  • At least £20,960 per year;
  • At least £10.75 per hour;
  • At least 70% of the going rate for the SOC

Option F

A Job which falls under the Home Office confirmed list of health or education jobs and a salary of:
  • At least £20,960 per year
  • At least the going rate for the SOC

What is the maximum duration of the Skilled Worker visa?

One can only apply for 5 years at a time. It is possible to apply for any duration of up to 5 years in a single application. The visa will be awarded per the dates specified by the sponsor on the Certificate of Sponsorship. For example, someone on a one-year (fixed-term) job may be granted a Certificate of Sponsorship with start and end dates that correspond to their employment contract. Although they were initially sponsored for a year, the employer might sponsor an extension application to allow the employee to continue working for them in the same or a different job.

Is my family allowed to join me in the United Kingdom?

A Skilled Worker can bring visa dependents which include the spouse, unmarried partner, and under 18 children.

Reduce the minimal skilled threshold

Starting in January 2021, every job offered to a foreign worker must have a required skill level of RQF3 or higher (equal to A level). Unlike its predecessor, where the qualifying skill level was RQF6 with a few exceptions, such as nurses and cooks, migrants seeking a Skilled Worker visa will not need to possess formal degrees. However, whether or not the criterion is fulfilled will be determined by the skill level of the work they would be undertaking.

Lower salary ceiling

Unlike Tier 2 (General), where a minimum income of £30,000 was required to sponsor from abroad, the Skilled Worker visa has a current salary criterion of at least £26,200. Employers using the Skilled Worker method must pay the skilled worker a wage that equals or surpasses both this salary threshold and the “going rate” for the occupation (as defined by the Standard Occupational Classification system), whichever is greater. However, people who take the Skilled Worker route may be paid less than the new general income because they will be granted more “tradable points” for other characteristics. This is a new and distinct route from the existing Tier 2 General route. The following are some examples of skilled professionals with lesser pay:
  • A candidate who receives a job offer from a shortage occupation list may be offered a wage that matches or surpasses both the general pay of £20,960 per year and 80% of the market rate for the relevant SOC code.
  • A new entrant candidate may be awarded an annual wage that matches or surpasses both £20,960 and 70% of the current rate under the relevant SOC code

The newcomer to the labour force

The ‘new entrant’ condition might be satisfied in a variety of ways. They must be under the age of 26 at the time of application, be a recent graduate or about to graduate, be financed in postdoctoral research positions, and be pursuing professional credentials, registration, or chartered status. Students who were on Tier 4 at any point in the two years before their application through the Skilled Worker route will be eligible for the new entrant position.

Cap on Sponsorship for Skilled Workers

The cap on the number of migrants permitted into the UK has been suspended, thus there is no predetermined number of migrants allowed via the Skilled Worker route.

What are the benefits of a skilled worker visa?

  • Employers will have a better opportunity to acquire talent from all around the world.
  • The new method eliminates the Resident Labour Market Test (RLMT), which allowed permanent employees to apply for posts before they were offered to migrants.
  • More lenient regulations for switching visa routes from within the UK.
  • Lower minimum wage standards for new entrants (those just starting in their careers). They must earn 70% of the going rate for their occupation code or £20,960, whichever is greater.
  • The number of skilled employees that can come to the UK will be unlimited.
  • Applicants can live, work, and establish themselves in the UK for five years before applying for ILR.

What are the requirements for successfully applying for a skilled worker visa?

To apply to the Skilled Worker route, an applicant will require the following documents:
  • A current passport
  • A Sponsorship Certificate (CoS) provided by the employer
  • The employment offer must specify a competence level of at least RQF3 (A level equivalent).
  • Evidence of achieving the requisite level of English language proficiency
  • Evidence demonstrating the candidate achieves the maintenance requirement, either through savings or an agreement from their employer TB test, if your nation is specified in Appendix T.

In order to qualify for a skilled worker visa, what factors must be met?

An applicant will need a minimum of 70 points to qualify for the Skilled Worker route as below.

1. Mandatory 50 points attributed to all skilled migrants which are as follows:

  • English speaking at the required level – 10 points
  • Job offer from an approved sponsor – 20 points
  • Relevant skill level for the applied job – 20 points

2. Tradeable salary points

  • Salary of £20,960 to £23,579. Have to meet at least 80% of the minimum salary requirements for the respective profession (whichever is higher) – 0 points
  • Salary of £23,580 to £26,199. Have to meet at least 90% of the minimum salary requirement for the respective profession (whichever is higher) – 10 points
  • Salary of £26,200 or above. Have to meet at least the minimum requirement for the respective profession (whichever is higher) – 20 points

3. Other tradeable points

  • Have a job in a shortage occupation as designated by the Migration Advisory Committee – 20 points
  • Education qualification
  • D. in a subject related to the current job – 10 points
  • D. in a STEM subject related to the current job – 20 points
  • Have a job listed in a health or education occupation/ new entrant in the labour market, and the applicant’s salary equals or exceeds both £20,960 per year and the going rate for SOC code – 20 points

For the Skilled Worker visa, what level of English proficiency is required?

Candidates applying for the Skilled Work Visa UK can meet the English language criteria using their GCSE/A level or Scottish Higher certificates. The present ways of demonstrating English language competency, such as a degree taught in English or SELT, will remain in effect. It’s worth mentioning that if you’re being sponsored to work as a doctor, dentist, nurse, or midwife, you won’t have to verify your English skills if you’ve already completed an examination recognized by the relevant regulated professional organization.

What is the process for applying for a visa under the Skilled Worker route?

Candidates will need to make an online application using the appropriate form as well as pay the applicable fees. 

Who is eligible to apply for a skilled work visa in the UK?

Candidates, who are looking to come to the UK to work, or extend their leave in the UK, can apply for a Skilled Worker visa if they:

  • Have a job offer from a UK employer who is on the list of registered sponsors with a job that meets the required skill level and minimum salary threshold
  • Have your future employer’s Certificate of Sponsorship readily hand.
  • Comply with the English language requirement
  • Comply with the financial requirements
  • Under the points-based system (PBS), you must score at least 70 points.
  • Candidates must submit an application using the relevant form on the Gov.uk website. After submitting your application and paying the visa costs (available here) as well as the Immigration Health Surcharge (IHS), you will be led to a third-party website to schedule your biometric appointment.

What is the processing time for skilled worker visas?

Skilled Worker applications are typically processed in 8 weeks from inside the UK and 15 working days from outside the UK. These timescales, however, are not guaranteed, and cases classified as “complex” or “high risk” may take longer to resolve. Priority services are often accessible in the following ways:

  • Priority Service – processing time of 5 working days
  • Super Priority Service – Processing within 24 hours
  • Priority (expedited) services incur additional expenses in addition to visa fees.

Could I apply for a skilled worker visa inside the UK/change to a skilled worker visa?

Candidates with valid leave in the UK can apply for permission to stay in the UK as a Skilled Worker. If you are presently in the UK, you cannot change to this route:
  • Using a visit visa
  • On a temporary student visa
  • On a Student Visa for a Parent of a Child
  • On a temporary labour visa
  • On a visa for a domestic worker in a private family
  • Regarding immigration bail
  • Because you were granted permission to remain outside of immigration laws.
If you fall into one of the aforementioned categories, you must apply from outside the UK.

How can I appeal a refusal of my Skilled Worker application?

Currently, there is no right of appeal for a denial of a Skilled Worker route application either from outside or within the UK. However, you may be able to request an Administrative Review or a Judicial Review. Our team of highly experienced immigration professionals can assist you with your Skilled Worker visa application or advise you on the best alternative to meet your needs.

What are the requirements for employers seeking to hire skilled workers?

To issue a “Certificate of Sponsorship” to a prospective candidate, the sponsor must hold a valid sponsor license. The Certificate of Sponsorship includes details regarding the work opportunity. The job must include:
  • Be at the appropriate skill level to qualify for sponsorship.
  • Sponsorship should be compensated at the appropriate level.
Furthermore, by issuing the Certificate of Sponsorship, the sponsor certifies that they will uphold the duties associated with being a licensed sponsor, such as monitoring sponsored workers and reporting (to the Home Office) relevant changes to their sponsored staff’s working conditions, where applicable.

What is the cost of a skilled work visa in the UK?

The application costs

Outside of UK application:

  • Application fee (3-year visa): £625 per applicant
  • Application fee (5-year visa): £1,235 per applicant

Inside of UK application:

  • Application fee (3-year visa): £719 per applicant
  • Application fee (5-year visa): £1,423 per applicant

Shortage Occupation List (inside & outside of the UK):

  • Application fee (3-year visa): £479 per applicant
  • Application fee (5-year visa): £943 per applicant
  • Immigration Health Surcharge: £624-per-year/per adult and £470-per-year/per child under 18 years old

Health Care Work Visa (inside & outside of the UK)

  • Application fee (3-year visa): £247 per applicant
  • Application fee (5-year visa): £479 per applicant

Procedures for applying for a skilled worker visa

To apply for a skilled worker visa, most applicants must follow a basic process.

  • On the gov.uk website, register, fill out, and submit an online form.
  • Pay for the relevant visa (including the immigration health surcharge and biometric enrolment fees, if applicable).
  • Book a biometric appointment on the appointment center operator’s website (where applicable).
  • Scan and upload supporting paperwork to an internet portal.
  • Attend the appointment to enroll biometric data (picture and fingerprints), if necessary.
  • Some applicants (including EU nationals and some non-EU nationals) may use the Home Office-approved APP to verify their identification. The applicant must still complete an online form but is exempt from attending an in-person biometric appointment.

What are the financial requirements for obtaining a Visa for Skilled Workers?

The applicant must demonstrate that they have adequate finances to maintain themselves in the UK. This does not always necessitate bank statements. Someone whose A-rated sponsor has “certified maintenance” on their sponsorship certificate does not need to present extra financial documentation.

Similarly, someone who has resided in the UK for the previous 12 months before the date of their leave-to-stay application does not need to produce proof of money. People who do not fulfill the aforementioned criteria must present bank statements spanning the 28 days before their application, demonstrating funds of at least £1270 in their personal bank account.

Can the skilled worker visa be extended?

There is no cap on extensions of a Skilled Worker visa. This visa can be extended inside the UK, without limit, provided the applicant meets the requirements at the date of the extension application

Conditions of Employment as a Skilled Worker

The candidate is limited to working for their sponsoring employer under the terms of their Certificate of Sponsorship (and acceptable, notified, amendments). They may be able to work a second job if the requirements for “supplementary employment” are met. If they are a national of a country whose people are subject to the visa requirement of Police Registration, they must register with the UK Police. Study is authorized as long as it does not conflict with the person’s sponsored employment. The individual is not eligible to receive UK public monies (state benefits). Volunteer labour is permissible (as long as it is unpaid).

What is the processing time for skilled worker visas?

Your skilled worker visa application will be processed once you have attended your biometric enrolment session and had your passport scanned/handed in, depending on whether you applied within or outside of the UK.

Typically, you will receive a decision on your visa within:

  • If you applied from outside the UK, it would take three weeks.
  • If you applied from within the UK, it would take 8 weeks.

Due to the current Ukraine immigration issue, skilled worker visa applications from outside the UK are presently taking an average of four weeks to process. At the time of submission, a priority service (5-day processing – £500) and a super priority service (24-hour processing – £800) may be offered.

Can a skilled worker visa be denied?

There are several reasons why a Skilled Worker visa may be denied.
  • Wage criteria were not satisfied: Generally, because a lower wage level was imposed wrongly. Candidates should research the market prices for their position and confirm that the regulations have been followed appropriately.
  • The English criterion has not been satisfied – It is critical that if you are taking an English test, you take the proper test and achieve the necessary level of English (RQF Level 6/CEFR Level B1).
  • You do not have enough money to maintain yourself in the United Kingdom.
  • The Home Office believes you are not a genuine candidate – This might happen if the Home Office believes you lack the requisite abilities to do your job or if you have a history of noncompliance with UK immigration regulations.
  • You are subject to deportation under Immigration Rules Part 9 – Grounds for Deportation.
  • As things stand, there is no right of appeal for a denial of an application lodged from within or outside the United Kingdom. If your application is denied, you will generally have three options:
  • Request Administrative Review
  • Request Judicial Review
  • Fill out a new application.

Are skilled worker visas temporary?

The skilled worker visa allows its bearer to live and work in the United Kingdom for the period of their Certificate of Sponsorship. There is no minimum length of time your certificate must be valid, and your visa can be valid for up to 5 years before it must be extended. There is also no limit to the number of times your visa may be extended through this means. After 5 years in the UK on this route, you may be entitled to apply for Indefinite Leave to Remain in the UK; if this is granted, you will no longer need to be sponsored by a registered employer, and limits on your work type and pay will be lifted.

Do skilled worker visas and health care visas have the same purpose?

The Skilled Worker visa and the Health and Care Worker visa are two distinct paths; however, they both follow similar principles in terms of qualifying and attaining settlement after 5 years. The Skilled Worker visa permits you to enter or remain in the UK to work for an authorized company in an eligible position, whereas the Health and Care Worker visa allows medical professionals to come to the UK to work for the NHS, an NHS supplier, or in adult social care.

Another distinction between visas is the application cost and the Immigration Health Surcharge. If your work qualifies you for this visa route, the expenses are as follows:

  • £247 for a visa valid for up to three years
  • £479 for a visa valid for more than three years
  • You will not be required to pay the IHS charge.

You can use a 4-digit occupation code to discover if your employment is qualified, which you can obtain from your employer if you already have a job offer.

Another distinction between the Skilled Worker visa and the other visas is the remuneration that might be provided to you. You will normally need to be paid at least £20,960, or the going rate for your occupation code, to go this option. You must have money in the UK to sustain yourself, as with the Skilled Worker route. You must have at least £1,270 in your bank account for at least 28 days in a row, with the 28th day occurring within 31 days of applying for the visa. You will not be needed to present bank statements if your sponsor verifies upkeep on your Certificate of Sponsorship.

Is IELTS a requirement for UK skilled worker visas?

Unless you proved your knowledge of English for a previous Skilled Worker visa application, you will be required to provide evidence that you meet the required level of English. The English language requirement can be satisfied in several ways, including:
  • Having a GCSE/A Level/Scottish National Qualification obtained whilst still under the age of 18
  • Having a degree that was taught and researched in English – if earned overseas, you must apply through Ecctis, which will determine if your qualification is equal to at least a UK Bachelor’s Degree.
  • Taking and passing a Secure English Language Test (SELT) from an authorized supplier
  • Being a citizen of a majority English-speaking country – see this list for further information.

How does Tier 2 differ from the skilled worker visa?

The Tier 2 visa has been replaced by the Skilled Worker visa. While the majority of the essential qualifications and circumstances are the same, these are not identical courses. However, someone with leave to remain as a Tier 2 migrant would apply via the Skilled Worker route to renew their permission/apply for ILR, as the Tier 2 route is currently closed to entrance clearance, leave to remain, and settlement applications.

If I hold a skilled worker visa, can I change jobs?

Those in the UK on a Skilled Worker visa are not required to stay with this company for the rest of their stay, for example, if they find a new work or change visas. You can switch jobs as long as your new employer has a valid Sponsor License and your position fulfills the requisite skill level minimum pay criteria.

Can I study on a skilled worker visa?

The study is authorized for persons on the Skilled Worker route in the UK, with no time restriction, as long as it does not conflict with the work they have been sponsored to undertake. Migrants must get an Academic Technology Approval Scheme (ATAS) certificate for their study if any of the following conditions apply:
  • They do not have the nationality of any of the nations specified in Appendix ATAS 3.1.
  • Their course is in an Appendix ATAS 4.1 topic and is either:
  • Leads to a master’s degree
  • Leads to a PhD
  • Leads to another postgraduate degree
  • Is a period of study or research as part of an international postgraduate qualification?

What is the procedure for applying for a UK skilled worker visa from India?

Candidates must fill out an application form on the Gov.uk website. Once you have completed your application and paid the visa costs (available here) as well as the Immigration Health Surcharge (IHS), you will be led to a third-party website to schedule your biometric appointment. To submit your passport for processing, you must make an appointment with a VFS Global location in India. Prior to the appointment, you will be asked to submit all of your supporting papers to your online account or to buy a service in which the visa centre personnel will scan your original documents.

Why should I use Global Solicitors to assist me in obtaining a Skilled Worker visa?

Our experienced commercial and personal immigration attorneys routinely achieve success for skilled and talented individuals who wish to come to the UK to further their professions, create enterprises, or start a new life with their families. With over ten years of expertise, we are Skilled Worker visa experts who provide focused and effective help for your application process from start to end. Similarly, we will work with you to assist your family members in joining you in the UK as dependents. As a Legal 500-recognized firm with hundreds of satisfied customers, you can be confident that your visa procedure will go smoothly with our assistance.

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