UK Skilled Worker Visa

UK Skilled Worker Visa

The UK Skilled Worker Visa is open to individuals from any country who have been offered a qualifying skilled job in the UK by a sponsor approved by the Home Office. This route could lead to settlement, and applicants can bring their spouse or civil partner and children along with them.

A UK Skilled Worker Visa can be obtained by being sponsored by an employer licensed by the Home Office to fulfill specific job requirements and salary criteria. We have provided comprehensive guidance for UK employers considering the application for a Skilled Worker sponsor license.

UK Skilled Worker Visa

UK Skilled Worker Visa

The UK Skilled Worker Visa is open to individuals from any country who have been offered a qualifying skilled job in the UK by a sponsor approved by the Home Office. This route could lead to settlement, and applicants can bring their spouse or civil partner and children along with them.

A UK Skilled Worker Visa can be obtained by being sponsored by an employer licensed by the Home Office to fulfill specific job requirements and salary criteria. We have provided comprehensive guidance for UK employers considering the application for a Skilled Worker sponsor license.

If you are interested in establishing a new business or already own a business in the UK, you may be eligible for a Skilled Worker visa through self-sponsorship. A separate document has been prepared to address the self-sponsored Skilled Worker visa.

The Skilled Worker route does not impose any restrictions on the number of individuals allowed to enter the United Kingdom.

Eligibility Criteria for a UK Skilled Worker Visa

To be eligible for a UK Skilled Worker Visa, you must meet the requirements established by UK Visas and Immigration. 
•    You must be 18 years old or older.
•    You must possess a valid Certificate of Sponsorship for the specific job you intend to undertake.
•    The job offer you have received must be a legitimate vacancy.
•    Your job must require skills that are appropriate for your level of expertise.
•    Your salary must meet or exceed both the general salary threshold and the 'going rate' for the relevant SOC 2020 occupation code.
•    Your sponsor must have fulfilled any necessary payment obligations for the Immigration Skills Charge.
•    You must have a minimum English language proficiency of CEFR Level B1, which is equivalent to an IELTS score of 4.0.
•    You must have sufficient funds to support yourself financially without relying on public assistance.
•    If required, you must provide a criminal record certificate.
•    If required, you must provide a valid TB certificate.

The specific criteria that you must meet may differ based on your individual situation. It may be beneficial to consult with an immigration attorney to obtain professional guidance.

For a consultation regarding your UK Skilled Worker Visa or Skilled Worker Sponsor Licence application, please get in touch with our immigration solicitors specializing in the Skilled Worker Route at 01206500181 or fill out the enquiry form provided below.

 

Requirement for Certificate of Sponsorship (CoS)

To obtain a UK Skilled Worker Visa, it is essential to possess a valid Certificate of Sponsorship for the specific job you intend to undertake. 

The Certificate of Sponsorship must be issued by an employer authorized by the Home Office to sponsor the particular job under the Skilled Worker route. For further information on applying for a Skilled Worker Sponsor Licence or to explore success stories related to the Skilled Worker Sponsor Licence, please refer to our resources.

It is crucial that your sponsor is listed as A-rated on the Home Office's register of licensed sponsors, unless you were previously granted permission as a Skilled Worker and are now seeking to continue working for the same sponsor.
Additionally, your Certificate of Sponsorship should have been issued within the last 3 months prior to your Skilled Worker application date.

The Certificate of Sponsorship is required to contain specific essential details, such as:

•    Provide your full name, occupation, and annual income details
•    Commencement date should not exceed 3 months from the submission date of your Skilled Worker visa application
•    Verify that the Certificate of Sponsorship has not been utilized in any prior successful, unsuccessful, withdrawn, or cancelled applications.

Requirement for Genuine Vacancy

To obtain a UK Skilled Worker Visa, it is essential to demonstrate to the Home Office that you have a legitimate job offer and possess the necessary skills for the assigned role stated in your Certificate of Sponsorship.

If there are valid reasons to suspect that the job you are being sponsored for is non-existent, fraudulent, or solely created to facilitate your application for a UK Skilled Worker Visa, your application will be rejected.

Furthermore, the Home Office will also assess whether you have entered into any agreements that involve filling a temporary or permanent position, engaging in contract work those entails performing an ongoing routine role, or providing continuous routine services to a third party who is not your sponsor.

Requirement for Immigration Skills Charge

The payment of the Immigration Skills Charge is mandatory for every sponsoring employer who wishes to hire foreign workers. 

It is required to be paid each time a sponsoring employer allocates a Certificate of Sponsorship to a migrant. Additionally, it is essential that your sponsor has fully settled any outstanding Immigration Skills Charge payments.

Suitable Skill Level Needed

To be eligible for a UK Skilled Worker Visa, the job you are being sponsored for must meet certain criteria. The role you are looking to fill must be skilled to at least RQF level 3, which is equivalent to A-levels. 

It is important to note that you do not need to possess a formal qualification to meet the skill level requirement. Instead, it is the skill level required for the job itself that determines whether you meet the threshold.

The Home Office provides a list of eligible jobs in Appendix Skilled Occupations and Appendix Immigration Salary List. Each job on this list is assigned a SOC 2020 occupation code. In order to qualify for the visa, you must be sponsored for a job that falls under an eligible SOC 2020 occupation code listed in either Appendix Skilled Occupations or Appendix Immigration Salary List. However, there are different rules for those extending as a care worker or home carer.

Your job's appropriate occupation code is the responsibility of your sponsor. In the event that the Home Office suspects that your sponsor has not chosen the most suitable occupation code, your application for a Skilled Worker Visa will be declined.

When assessing whether your sponsor has chosen the correct occupation code, the Home Office takes into account various factors. These include whether there is a genuine need for the job as described, whether you possess the necessary skills, qualifications, and experience required for the job, and your sponsor's compliance history with the immigration system.

English Language Prerequisite

To be eligible for a UK Skilled Worker Visa, individuals must prove their English language proficiency in all four areas (reading, writing, speaking, and listening) at a minimum of B1 level (intermediate) on the Common European Framework of Reference for Languages.

Applicants seeking entry clearance or leave to remain as a Skilled Worker will meet the English language criteria if they:

•    Hold citizenship in a predominantly English-speaking nation
•    Successfully completed a Secure English Language Test
•    Attained a degree that was instructed in English
•    Achieved a GCSE/A Level or Scottish Higher in English while studying in the UK
•    Previously demonstrated meeting the B1 level requirement in a prior successful application for entry clearance or permission to stay

Minimum Salary Requirement for UK Skilled Worker Visa

Employers who wish to hire under the Skilled Worker route are required to pay their skilled workers a salary that meets or surpasses both a general salary threshold and the 'going rate' for the relevant SOC 2020 occupation code, provided they are able to trade points as outlined in the regulations.

The salary you will typically need to receive as a Skilled Worker should be equal to or higher than the following amount:

•    The standard salary requirement for most positions is £38,700 annually, but it may be £34,830 or £30,960 if the employee earns 'tradable points'.
o    Exceptions include individuals previously approved as Skilled Workers before 4 April 2024 and applying before 4 April 2030, with a salary threshold of £29,000, potentially reduced to £26,100 or £23,200 with 'tradable points'.
o    Workers sponsored for Health and Care ASHE salary roles have a general salary threshold of £29,000, which can be lowered to £26,100 or £23,200 with 'tradable points'.
o    Those sponsored in Health or Education SOC 2020 occupation codes with national pay scale-based rates have a salary threshold of £23,200.
•    The appropriate 'going rate' for the SOC 2020 occupation code in Appendix Skilled Occupations, or a percentage of it with 'tradable points', applies.

If the general salary threshold exceeds the going rate for the occupation, you must be compensated at least the general salary threshold. Conversely, if the general salary threshold is lower than the going rate for the occupation, you must be paid at least the going rate. 

The general salary threshold is determined by actual gross earnings, capped at 48 hours per week, unless the applicant is sponsored for irregular working patterns resulting in varying pay. In such cases, work exceeding 48 hours in certain weeks can contribute towards the salary thresholds, as long as the average over a regular cycle (not exceeding 17 weeks) does not exceed 48 hours per week. Unpaid rest weeks are factored into the average when assessing if the salary thresholds are met.

The standard rate is determined by a 37.5-hour workweek and should be adapted accordingly to the weekly working hours indicated on the certificate of sponsorship (CoS).

Points that can be exchanged or traded

Under the Skilled Worker route, certain sponsored skilled workers may receive a salary below £38,700 per annum. This is applicable when they are awarded additional 'tradable points' for possessing other desirable qualities.

•    A candidate who holds a relevant PhD qualification for the position may receive a salary equal to or higher than £34,830 per annum and 90% of the current rate for the SOC 2020 occupation code.
•    A candidate with a STEM PhD qualification that is relevant to the job may be offered a salary that is equal to or exceeds £30,960 per year and 80% of the going rate for the SOC 2020 occupation code.
•    An applicant who has received a job offer for a position listed on the Immigration Salary List may be compensated with a salary that is equal to or exceeds £30,960 per year and the going rate for the SOC 2020 occupation code.
•    A candidate who is starting their career may be granted a salary that is equal to or exceeds £30,960 per year and 70% of the going rate for the SOC 2020 occupation code.

Salary Expectations For Skilled Workers Approved Prior to April 4, 2024

Applicants who were granted permission as a Skilled Worker prior to 4 April 2024 and have maintained continuous permission as a Skilled Worker since then, and who apply for further leave before 4 April 2030, may be eligible for a salary that meets or exceeds the following criteria:

•    The general salary threshold, which is £29,000 per year for most jobs. However, it may be £26,100 or £23,200 per year if the worker scores 'tradable points' (see below).
•    The applicable 'going rate' for the SOC 2020 occupation code in Appendix Skilled Occupations, or a percentage of the 'going rate' if the worker scores 'tradable points' (see below).
•    Certain Skilled Workers who were granted permission as a Skilled Worker before 4 April 2024 may be paid less than £29,000 per year if they are awarded additional 'tradable points' for other attributes:
•    An applicant with a relevant PhD qualification for the job may be paid a salary that equals or exceeds both £26,100 per year and 90% of the going rate for the SOC 2020 occupation code.
•    An applicant with a relevant PhD qualification in a STEM subject for the job may be paid a salary that equals or exceeds both £23,200 per year and 80% of the going rate for the SOC 2020 occupation code.
•    An applicant with a job offer for a job on the Immigration Salary List may be paid a salary that equals or exceeds both £23,200 per year and the going rate for the SOC 2020 occupation code.
•    An applicant who is a new entrant to the labour market at the beginning of their career may be paid a salary that equals or exceeds both £23,200 per year and 70% of the going rate for the SOC 2020 occupation code.

Health and Care Visa Applicants must provide their salary requirements as per the Annual Survey of Hours and Earnings (ASHE).

Candidates supported for a Health and Care Annual Survey of Hours and Earnings (ASHE) position could be offered a salary that meets or exceeds the set criteria.

•    The standard salary threshold, which is £29,000 annually for most positions, but could be £26,100 or £23,200 per year if the worker accumulates 'tradable points';
•    The relevant 'going rate' for the SOC 2020 occupation code in Appendix Skilled Occupations - or a portion of the 'going rate' if the worker earns 'tradable points'.
Certain sponsored Health and Care Workers who apply for a Health and Care Annual Survey of Hours and Earnings (ASHE) position might be offered a salary lower than £29,000 per annum. However, they have the potential to increase their earnings through the utilization of 'tradable points' associated with specific qualifications.
•    An individual possessing an appropriate PhD credential could potentially receive an annual salary of £26,100 or more, amounting to 90% of the current rate for the SOC 2020 occupation code.
•    A candidate with a relevant PhD qualification in a STEM subject may earn a salary equal to or higher than £23,200 per year and 80% of the going rate for the SOC 2020 occupation code;
•    A candidate with a job offer on the Immigration Salary List may earn a salary equal to or higher than £23,200 per year and the going rate for the SOC 2020 occupation code;
•    A new entrant to the labour market at the beginning of their career may earn a salary equal to or higher than £23,200 per year and 70% of the going rate for the SOC 2020 occupation code.

Salary requirements for occupations in the Health and Education SOC 2020 codes, where the rates are determined by national pay scales, are as follows:

•    The minimum salary threshold is £23,200 per year.
•    The salary should also meet or exceed the 'going rate' specified for the specific SOC 2020 occupation code in Appendix Skilled Occupations.

Rates Per Hour

A majority of SOC 2020 occupation codes necessitate a minimum hourly rate of £15.88. This requirement will be enforced irrespective of whether you qualify for a discount on the going rate through tradable points. Furthermore, £15.88 exceeds 70%, 80%, or 90% of the indicated going rate.

If you were previously granted permission as a Skilled Worker before 4 April 2024 and are applying before 4 April 2030, or if you are a worker being sponsored for a Health and Care ASHE salary job, a minimum hourly rate of £11.90 will be required. This hourly rate requirement will be enforced regardless of whether you are eligible for a discount on the going rate based on tradable points. Additionally, £11.90 exceeds 70%, 80%, or 90% of the indicated going rate.

However, if you are being sponsored in a Health or Education SOC 2020 occupation code where going rates are determined by national pay schedules, you will not be obligated to meet an hourly rate requirement.

What does the 'Immigration Salary List'?

The Home Office has compiled a register of specialized positions that pose challenges for employers in finding enough workers with the required skills to fill their job openings. Employers are permitted to hire migrants for roles listed on the Immigration Salary List at a salary lower than the standard threshold. 

Skilled Worker eligible occupations on the Immigration Salary List can receive a salary that meets or exceeds the current rate for the SOC 2020 occupation code and £30,960 annually. 

Meanwhile, occupations eligible for a Health and Care Worker visa (excluding those on the national pay scale) listed on the Immigration Salary List may be remunerated at a rate equal to or higher than both £23,200 per year and the current rate for the SOC 2020 occupation code.

What defines an individual as a 'New Entrant to the Labour Market'?

Individuals who are under the age of 26 at the time of application, or who are transitioning from a student or Graduate Visa, are considered new entrants to the labour market. Additionally, those who are sponsored in specific postdoctoral research positions or are working towards professional qualifications, registration, or chartered status also fall under this category. 

It is important to note that the salary threshold requirement will be reduced for individuals who qualify as new entrants. However, it is crucial to mention that if an applicant's approval would result in a combined period of permission as a Skilled Worker, Tier 2 Migrant, and/or Graduate exceeding four years, they will not be eligible for new entrant status.

Financial Requirement for UK Skilled Worker Visa

You need to have at least £1,270 in currency available, except for the exemptions mentioned below. The money should have been held for a minimum of 28 consecutive days, with the last day not exceeding 31 days prior to your UK Skilled Worker Visa application date.

If you have a sponsor with an "A-rated" status who is willing to cover your maintenance costs up to a minimum of £1,270 until the end of your first month of employment, you will not need to meet the financial requirement. Your Certificate of Sponsorship requires confirmation of this information from your sponsor.

If you have been legally residing in the United Kingdom for 12 months or more at the time of your application and are applying to extend your stay, you will meet the financial requirement and will not have to provide financial evidence.

Requirement for Criminal Record Certificate.

If you are seeking entry clearance and have a sponsor for particular roles (typically in the fields of health, care, welfare, and education), you must provide a criminal record certificate from any country where you have resided for 12 months or longer (whether continuously or cumulatively) since turning 18 within the past 10 years prior to your application date, unless obtaining such a certificate is impractical.

Is it necessary for sponsors to conduct a Resident Labour Market Test?

Employers sponsoring skilled workers under the UK Skilled Worker Visa route are exempt from completing a Resident Labour Market Test (RLMT), unlike the previous route. However, sponsors are still obligated to actively seek out legitimate job openings.

Transitioning to the UK Skilled Worker Visa Route.

If you currently hold leave to remain in another immigration category, you have the option to extend your stay by switching to the Skilled Worker route. However, please note that this option is not available if you are classified as a Visitor, Short-term student, Parent of a Child Student, Seasonal Worker, Domestic Worker in a Private Household, or if you fall outside the Immigration Rules.

In case you have previously been granted permission to study, you can only transition to the Skilled Worker Visa route if you meet one of the following criteria:

•    You have successfully completed the course of study for which your Confirmation of Acceptance for Studies was assigned.
•    The course you were enrolled in finished before the start date mentioned on your CoS.
•    The course you where pursuing was leading to a PhD award, and you have completed a minimum of 24 months of the course.

Is there a waiting period in the Skilled Worker Route?

Applicants who wish to obtain entry clearance or transition to the Tier 2 (General) route must ensure that they have not resided in the UK as a Tier 2 (General) migrant in the past year, as per the previous regulations. 

However, the Skilled Worker route has abolished the 12-month "cooling off period." Therefore, individuals applying for the UK Skilled Worker Visa are not restricted by any specific timing requirements for their applications.

UK Skilled Worker Visa Duration

If your application for a UK Skilled Worker Visa is approved, you will receive entry clearance or permission to stay for a duration that concludes 14 days after the expiration date of your Certificate of Sponsorship. The end date of your Certificate of Sponsorship can be a maximum of 5 years after its start date.

Is there a time limit for the UK Skilled Worker Route?

Individuals who were once subject to a six-year limit when applying for entry clearance or transitioning to the Tier 2 (General) route no longer face such restrictions. The recent modifications have eliminated the time constraint for staying in the Skilled Worker route, allowing individuals to remain in the route indefinitely.
 
The previous requirement of a maximum six-year stay in the Tier 2 (General) route or when applying for entry clearance has been lifted with recent changes. Individuals can now stay in the Skilled Worker route without any time restrictions.

Requirements for Residency as a UK Skilled Worker.

Skilled Worker Visa holders have the permission to seek out job opportunities that are sponsored. They are also allowed to take on additional employment as long as they remain in the sponsored position. 

Pursuing studies is also allowed, as long as an ATAS Certificate is provided when required. It is important to note that access to public funds is not permitted.

Skilled Worker Settlement

To be eligible for Settlement as a Skilled Worker, it is necessary to demonstrate to UK Visas and Immigration the following:

•    You have resided continuously in the UK for a period of 5 years.
•    The uninterrupted 5-year duration encompasses time authorized on any of the subsequent pathways, or a blend of them: Skilled Worker, Global Talent, Innovator Founder, T2 Minister of Religion, International 

Sportsperson, Representative of an Overseas Business, Tier 1 Migrant (excluding Tier 1 Graduate Entrepreneur) or Scale-up.

•    You have not exceeded 180 days outside the UK during each year of the 5-year continuous period.
•    You have successfully passed the Life in the UK test, unless you are 65 years of age or older.
•    Your sponsor remains an approved sponsor by the Home Office.
•    Your sponsor still requires your services for the foreseeable future.
•    You are currently being paid, and will continue to be paid, at least the general salary threshold or the going rate for settlement as a Skilled Worker, whichever is higher, for the foreseeable future.

Skilled Workers' Dependents.

Qualified employees can be accompanied by a dependent partner who is 18 years old or older, as well as a dependent child who is under 18 years old.