The Skilled Worker visa, which has replaced the Tier 2 (General) visa, is the main UK immigration route for non-UK resident workers. For skilled workers and their sponsors, with so much at stake, it is important to seek legal advice to understand the migration options available and that the Skilled Worker visa is the correct route.

As specialist immigration advisers, we bring substantial experience and recognised expertise in advising employers and workers on UK employment sponsorship and the Skilled Worker visa application. For specialist immigration advice, contact us.

What is the Skilled Worker Visa?

The Skilled Worker visa allows employers to recruit non-UK resident workers for certain eligible, skilled roles.

The visa is open to individuals who attain 70 points by meeting specific requirements such as skill and salary level, English language ability and having a qualifying job offer from a UK sponsor.

The Skilled Worker visa makes provision for spouses, ‘durable’ partners and dependent children to apply to join the main visa applicant in the UK, and is also a route to settlement and Indefinite Leave to Remain.

Skilled Worker Visa Requirements

The rules and requirements for the Skilled Worker visa route are set out in a new Appendix Skilled Worker. Under this route, applicants will need to accrue a total of 70 points to be eligible for a visa, including EEA nationals recruited from outside the UK after 1 January 2021 and who are not eligible for status under the EU Settlement Scheme.

The applicable 70 points threshold for a Skilled Worker visa is made up of 50 points for mandatory or ‘non-tradeable’ criteria (ie; the job offer, speaking English and the requisite skill level for the job on offer), and 20 points for what’s classed as ‘tradeable’ criteria.

Skilled Worker Eligible Occupations

To determine if the job is eligible for the Skilled Worker route, the sponsor should identify the relevant SOC code for the role. This is usually done using the ONS occupation coding tool. The job description on the list should match the position being filled.

Once the code has been identified, this will need to be cross-referenced with the list of eligible jobs to check that it is included and is eligible under the Skilled Worker route.

The Home Office can refuse the visa application is the incorrect SOC code is used.

Healthcare professionals looking to work in the UK health or adult social care sector should instead look at the Health and Care Worker visa. This route is specifically designed for health sector occupations and offers a number of benefits to visa holders over the Skilled Worker visa, such as a lower application fee and exemption from the Immigration Health Surcharge.

Skilled Worker Minimum Salary Requirement

The Skilled Worker visa general minimum salary threshold is £25,600 per year, unless the ‘going rate’ for the particular role is higher. Every occupational code is assigned a going rate.

The salary level must be calculated by the hour and not just annually. Minimum pay can be no less than £10.10 per hour, even if the annual salary is above the required level.

In some cases, where the job on offer will pay less than the general salary threshold or specific salary requirement for that role – but no less than £20,480 – the applicant may still be eligible to apply for a Skilled Worker visa by trading specific characteristics against a lower salary to attain the required number of points.

Provided their salary is at least £20,480 per year, the applicant can rely on a salary of 70% – 90% of the relevant going rate for the job, provided one of the following applies: where an applicant has a job offer in a specific shortage occupation; or they have a postdoctoral position in science or higher education; or they have a science, technology, engineering or maths (STEM) PhD level qualification relevant to the job (if they have a relevant PhD level qualification in any other subject the salary must be at least £23,040); or they are a ‘new entrant’ to the UK labour market.

A new entrant is someone who is under 26 on the date they make their application and is applying for a maximum period of 3 years’ leave as a skilled worker, those sponsored in postdoctoral research positions, those in professional training or studying for professional qualifications, registration or chartered status or a recent graduate, or in professional training.

The salary requirement for new entrants is 30% lower than the rate for experienced workers in any occupation, even though the minimum of £20,480 must still be met. There are also different minimum salary rules for workers in certain health or education occupations.

English Language Requirement

The required level of English is a minimum level B1 on the Common European Framework of Reference for Languages scale for reading, writing, speaking and understanding English.

Most Skilled Worker visa applicants will need to prove they meet the English language requirement, unless they have already done so as part of a previous UK immigration application or if they are a national of one of a number of exempt countries.

Unless exempt, language ability must be evidenced by either having a GCSE, A level, Scottish National Qualification level 4 or 5, Scottish Higher or Advanced Higher in English; having a degree-level academic qualification that was taught in English; or passing an approved Secure English Language Test (SELT).

Applicants are exempt from the English language requirement if they are from a majority English-speaking country.

Certificate of Sponsorship Requirement

Before the worker can submit their visa application, their UK sponsor must first issue them a valid Certificate of Sponsorship (CoS) to confirm that the individual and role meet the sponsorship eligibility requirements.

The CoS is a reference number that the Skilled Worker visa applicant will need to provide with their Home Office application. Only licenced sponsors can issue a CoS.

There are now two types of Certificate of Sponsorship: the defined Certificate of Sponsorship and the undefined Certificate of Sponsorship. These replace the old restricted and unrestricted CoS, which were applicable prior to 1 December 2020.

• Undefined CoS are for either:
  • workers already in the UK with valid leave who are applying to switch into the skilled worker category from another immigration route, or
  • those applying under one of the other visa routes from within the UK or overseas.
• Defined CoS are for out of country skilled worker visa applications, (not ICT applications).

Sponsors will need to apply for a defined CoS. This is a specific application to the Home Office, and details of the specific job and salary will need to be provided.

For undefined CoS, sponsors will either be asked to submit a request for a yearly allocation in advance of April, or they will be allocated a quantity automatically. It is also possible to apply for additional COS during the year.

Financial Maintenance Requirement

The applicant must show they meet the financial requirement and have sufficient funds to support themselves as they will not have access to public funds such as benefits.

The rules state applicants must have at least £1,270 in their bank account when applying. This amount must have been available for at least 28 consecutive days, with day 28 being within 31 days of making the visa application. The applicant will need to provide evidence of their savings, unless they have been in the UK for 12 months with lawful status, or if their sponsor agrees to meet their costs of up to £1,270 during their first month in the UK.

The sponsor should confirm on the Certificate of Sponsorship that they will meet the financial requirement by under  ‘sponsor certifies maintenance’ section on your certificate. This is under ‘Additional data’.

Additional funds will be needed if dependants are applying.

How to Apply for a Skilled Worker Visa

To apply for a Skilled Worker visa, the applicant will need to submit an online application, together with their supporting documentation, and pay the relevant fee. They will also need to provide their biometric information at the visa processing centre local to them, either overseas or in the UK.

Applications can be made up to 3 months before the day the worker’s intended employment start date in the UK, as stated on the Certificate of Sponsorship.

The applicant will need to submit an online application within three months of being assigned their certificate of sponsorship. Each certificate has a unique reference number that they will need to apply.

They will also be required to attend an appointment at a visa application centre to enrol their biometric information and to submit various documents in support. The necessary documentation will include:

• A current passport or other travel document to prove they can travel
• Expired passports or travel documents to show their travel history
• Proof of their knowledge of English, where applicable
• Proof of their personal savings, where applicable
• Their tuberculosis test results if they are from a listed country
• A criminal record certificate from any country they have lived in for 12 months or more in the last 10 years, where they will be working in either the education, health or social care sector in the UK

The Home Office will assess their application on the basis of how many points they have accumulated under the points-based system.

It is important to note that the offer of a genuine job with a valid certificate of sponsorship does not guarantee the successful grant of a Tier 2 visa. The prospective employee must still meet all the other relevant criteria. The Home Office will also consider any general grounds for refusal, including any relevant criminal history or previous immigration violations.

Skilled Worker Visa Processing Times

COVID restrictions permitting, skilled worker visa applications generally take up to 8 weeks if applying from within the UK, or up to 3 weeks if the application is made from outside the UK.

It may be possible to pay for fast-tracked processing, depending on where your application is being processed.

Duration of Skilled Worker Visa

The skilled worker visa is usually granted for up to 5 years. At this point, the visa holder would need to apply to extend the visa or on completing the 5 year residency requirement, they may become eligible to apply for UK indefinite leave the remain.

There is no limit on the number of times you can extend the skilled worker visa, provided you continue to meet the visa requirements.

If the visa holder changes sponsor or jobs, they will need to apply for a new period of leave.

Skilled Worker Visa Requirements for Employers

Employers intending to employ EU and non-EEA nationals coming to the UK to work from 1 January 2021 will need to apply for a sponsor licence. This is the permission needed for UK employers to recruit overseas migrants to work in the UK in a specific role in an eligible skilled occupation.

Employers do not need to have a licence to hire someone from the resident labour market with an existing right to work in the UK, such as those holding indefinite leave to remain and British citizens. This also includes EEA nationals who have been granted either settled or pre-settled status under the EU Settlement Scheme.

For non-EEA nationals and employers of non-EEA nationals, who may be accustomed to the previous UK visa process, the Skilled Worker visa should come as a welcome change – although the fundamentals remain broadly the same, some of the requirements are less onerous when compared with the old style visa under Tier 2 of the points-based system. There is, for example, a suspension on the cap on the number of skilled worker visas that can be issued and the Resident Labour Market Test has been abolished.

For EEA nationals coming the UK to work from 1 January 2021, and UK employers accustomed to employing EEA nationals without any restrictions under the pre-2021 EU freedom of movement rules, the Skilled Worker visa will be uncharted territory. Employers looking to employ either EEA or non-EEA nationals to undertake skilled work will have to hold a sponsorship licence to be able to sponsor migrant workers, before the individuals can apply for their visa.

Note that EEA nationals already resident in the UK by 11pm 31 December 2020 are required to register under the EU Settlement Scheme before 30 June 2021 to secure either settled or pre-settled status. This will safeguard their lawful status and right to continue living and working in the UK after this date, including working in a skilled role. EEA employees in the UK by 31 December 2020 have until 30 June 2021 to register under the EU settled status scheme.

To be eligible for a Skilled Worker sponsor licence the organisation must provide evidence that it is a genuine organisation operating lawfully in the UK, and that it is suitable to sponsor skilled migrant workers. In assessing suitability, UK Visas and Immigration (UKVI) will consider if:

• The organisation can offer genuine employment in the UK that meets the required skills threshold of RQF3 or above, and pay a salary of at least £25,600 or the going rate for the job, whichever is the higher.
• The organisation is capable of meeting the sponsorship duties, where they have in place adequate HR systems and practices, and suitable key personnel, to do so. The key personnel are the people who will operate the sponsor management system (SMS), and be responsible for discharging the duties as a licensed sponsor.
• The organisation, its key personnel and management are honest, dependable and reliable, where any history of immigration violations or relevant unspent criminal convictions relating to those involved in the day-to-day running of the business, or the key personnel named on the sponsor licence application, could affect its ability to sponsor overseas workers.

How Our Immigration Advisers Can Help Skilled Worker Visa Applicants

Our immigration advisers have experience in assisting foreign skilled workers and employers with sponsor licences, certificates of sponsorship, and skilled worker visa applications.  Our advisers are experts in immigration options and will guide you through the complex Home Office rules and policies.

We pride ourselves on being approachable and proactive in understanding and meeting our client’s needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to clients as part of a professional and friendly service.