This article provides an overview of the Skilled Worker route, the application process, and the eligibility requirements.
It has replaced the Tier 2 (General) Work visa.
What is the Skilled Worker visa?
The UK Skilled Worker visa allows foreign workers, who are sponsored to do a skilled job for a licensed sponsor. The applicants are allowed to be accompanied by their dependent partner and children. It can also lead to Settlement in the UK.
Skilled Worker Visa Requirements
To qualify for a Skilled Worker visa, the applicant must:
- have a job that is on the List of Eligible Occupations or the Shortage of Occupation List;
- meet the minimum salary requirement, which varies depending on the type of work you do;
- meet the English language requirement;
- have a valid Certificate of Sponsorship from a licenced Sponsor;
- be aged 18 or over;
Additionally, an applicant may also be required to:
- provide a Tuberculosis Certificate;
- satisfy the financial requirement;
- provide Criminal Record Certificate(s).
Valid Certificate of Sponsorship
A Certificate of Sponsorship (CoS) is only valid if certain requirements of the Skill Worker visa are met.
If the application is for entry clearance, the CoS must be a Defined CoS. If the application is for Leave to Remain, it must be an Undefined CoS.
Licensed Sponsor
The Sponsor must hold a valid Skilled Worker Sponsor Licence. The Sponsor must also be A-rated unless the applicant is applying for an extension to continue working for the same Sponsor.
There have been some important changes to the Sponsor Licence, which are detailed here.
Immigration Skills Charge
The Sponsor must have paid any Immigration Skills Charge (ISC) which apply to the application.
If the ISC has been underpaid and there are no other reasons to refuse the application, the Home Office will contact the Sponsor and give an opportunity to pay such ISC in full.
In other circumstances, this can result in refusal of the visa application.
Genuine Vacancy
The applicant must not be sponsored to do a job:
- that does not exist;
- is a sham (for example, the job exists but the applicant will not be doing it); and
- has been created mainly so the applicant can apply for permission.
The vacancy should be a genuine vacancy, meaning that the business has a need for this vacancy to be fulfilled in order to perform.
Job at an Appropriate Skill Level
The applicant must have been sponsored to a job listed in the Eligible Occupation List or the Shortage of Occupation List.
The visa application will be refused if an appropriate occupation code has not been chosen or the offered salary does not satisfy the minimum salary requirement for the respective job title.
English Language
The applicant must demonstrate that their English language skilled are equivalent to level B1 of the Common European Framework of References for English language in reading, writing, speaking, and listening.
Financial Requirements
An applicant will automatically meet the financial requirement when they are applying for permission to stay in the UK, having been in the UK for at least 12 months with permission on the date of application.
If the above does not apply, the applicant will have to satisfy the requirement by:
- Their Sponsor certifying they will maintain and accommodate the applicant up to the end of the first month of their employment, to an amount of at least £1,270.00; or
- Providing evidence showing the applicant has held funds of at least £1,270 for a 28 consecutive period prior to the application.
Secondary Employment
A Skilled Worker visa allows individuals to do extra work if:
- It is in either the Shortage of Occupation List or in the same occupation code as the job for which the CoS was assigned;
- The secondary position is not for more than 20 hours a week; and
- It is outside the working hours covered by the CoS.
Switching to Skilled Worker Visa
An applicant who is in the UK cannot apply to switch into the Skilled Worker route if they have or were last granted permission as a:
- Visitor;
- Short term student;
- Parent of a Child Student;
- Seasonal Worker; or
- Domestic Worker in a Private Household.
Furthermore, if an applicant has or was last granted permission outside the Immigration Rules, they cannot switch to a Skilled Worker visa.
If any of the above conditions apply, you may need to return to your country of residence and apply from outside the UK.
Settlement
An individual who has spent a continuous period of 5 years in the UK, as a Skilled Worker, can apply for Indefinite Leave to Remain (ILR), provided other Settlement conditions and eligibilities are met.
How RPK Solicitors Can Help?
Our team at RPK Solicitors is experienced in all aspects of UK private and business immigration law, particularly the Skilled Worker visa.
With our extensive experience and expertise in this areas of law, we provide our clients with in-depth legal advice and guidance throughout the process at each step and create a robust application that aims to maximise your chances of a successful outcome.
If you require legal assistance in this regard, please contact us today via email at legal@rpksolicitors.com or give us a call on +44 (0)20 39319820.
