The primary pathway to immigration to the UK for non-UK resident employees is the Tier 2 (General) visa, which has been superseded by the Skilled Worker visa.
Understanding the requirements for the Skilled Worker visa will be crucial if you want to prevent problems or delays with the Home Office application, whether you are an employer trying to hire a skilled worker from abroad or a person requesting a sponsorship visa. You will forfeit the application money if your application is rejected.
With so much on the line, it is crucial for skilled workers and their sponsors to get legal counsel to understand their alternatives for immigrating and to confirm that the skilled worker visa is the best option.
What does a skilled worker visa entail?
Employers are permitted to hire non-UK residents for specific skilled roles under the Skilled Worker visa.
The visa is available to anyone who reach 70 points by fulfilling criteria such obtaining a qualified employment offer from a UK sponsor, having the required skill and pay level, and being able to speak English.
The skilled worker visa allows for dependent children, ‘durable’ partners, and spouses to seek to join the primary visa applicant in the UK. It also provides a path to settlement and Indefinite Leave to Remain.
What conditions must a skilled worker visa meet?
A new Appendix Skilled Worker lays out the guidelines and specifications for the path for skilled worker visas. For consideration under this route, applicants—including EEA citizens hired from outside the UK after 1 January 2021 and who are ineligible for status under the EU Settlement Scheme—will need to accumulate a total of 70 points.
The required 70 points for a skilled worker visa are divided into 20 points for “tradeable” conditions and 50 points for mandatory criteria (such as a job offer, English proficiency, and the required skill level for the position being offered).
Points for skilled workers Mandatory or tradeable?
- a legitimate employment offer from a sponsor with authorization20 pointsMandatory
- Speak at the required level of proficiency10 pointsMandatory
- Job offer requires RQF3 or higher skill level 20 points
- 0 pointsTradeable Salary of between £20,480 and £23,039 or at least 80% of the average rate for the profession
- Salary of between £23,040 and £25,599, or, if greater, at least 90% of the profession’s average wage 10 pointsTradeable
- Pay of at least £26,200 or at least the industry standard, whichever is higher 20 pointsTradeable
- Work in a profession that the Migration Advisory Committee has identified as being in shortage20 pointsTradeable
- PhD in a field related to the position as a requirement for employment10 pointsTradeable
- PhD in a STEM field that is relevant to the position20 pointsTradeable
Jobs that are qualified for skilled workers
The sponsor should locate the appropriate SOC code for the role in order to assess whether the position qualifies for the Skilled Worker route. The ONS occupation coding tool is typically used for this.The position being filled should be described in the list’s job description.
Once the code has been found, it must be cross-referenced with the list of positions that qualify in order to make sure it is included and falls under the Skilled Worker route.
If the wrong SOC code is used, the Home Office may reject the visa application.
Instead, healthcare professionals should choose the Health and Care Worker visa if they want to work in the UK’s health or adult social care sectors. This route, which is tailored for jobs in the health industry, provides visa holders with a number of advantages over those granted under the Skilled Worker programme, including a lower application fee and an exclusion from the Immigration Health Surcharge.
Requirement for Skilled Workers
Roles with skill levels below RQF3, which is equal to an A-level, will not be accepted via the skilled visa route.
There are no general work permits or immigration routes for ‘low skilled’ workers or occupations below this level, though alternative immigration routes may be taken into consideration.
Required minimum pay for skilled workers
Unless the ‘going rate’ for the specific role is higher, the general minimum salary threshold for skilled worker visas is £26,200 per year. There is a going rate for each occupational code.
The salary level must be determined hourly rather than just annually. Even if the annual salary is higher than the required minimum, the minimum wage cannot be less than £10.10.
In some circumstances, 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 bartering some of their desirable qualities for a lower salary in order to gain the necessary number of points.
If the candidate has a job offer in a specific shortage occupation, a postdoctoral position in science or higher education, a STEM PhD level qualification relevant to the job (if they have a relevant PhD level qualification), or all three, they can expect to be paid between 70% and 90% of the relevant going rate for the position as long as their salary is at least £20,480 per year.
A new entrant is someone who, as of the date of their application, is younger than 26 and who is seeking a maximum of three years of leave as a skilled worker, postdoctoral researcher sponsored, recent graduate, in professional training, or in the process of earning a professional qualification.
Even though a minimum salary of £20,480 must still be met, the salary requirement for new hires is 30% lower than the rate for experienced workers in any occupation. Additionally, there are different minimum wage requirements for employees in specific health or education professions.
English language requirement
The minimum level of English proficiency for reading, writing, speaking, and understanding is level B1 on the Common European Framework of Reference for Languages.
Unless they have already demonstrated their English language proficiency as part of a prior UK immigration application or if they are a citizen of one of several exempt nations, most applicants for a skilled worker visa will need to show that they meet the language requirement.
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).
The following countries are exempt from the English language requirement for applicants:
- Barbuda and Antigua
- Australia
- the Bahamas
- Barbados
- Belize
- Canada
- Dominica
- Grenada
- Guyana
- Jamaica
- Malta
- New Zealand
- St Kitts and Nevis
- St Lucia
- St Vincent and the Grenadines
- Trinidad and Tobago
- USA
Certificate of sponsorship necessary
Before the worker can file their visa application, their UK sponsor must first offer them a valid Certificate of Sponsorship (CoS) to confirm that the individual and role match the sponsorship eligibility conditions.
The CoS is a reference number that the Skilled Worker visa applicant will need to supply with their Home Office application. Only licenced sponsors can issue a CoS.
There are now two forms of Certificate of Sponsorship: the specified Certificate of Sponsorship and the undefined Certificate of Sponsorship. These replace the existing restricted and unrestricted CoS, which were applicable before to 1 December 2020.
Undefined CoS are for either:
workers already in the UK with valid leave who are applying to move into the skilled worker category from another immigration route, or
individuals applying through one of the other visa methods from within the UK or overseas.
Defined CoS are for applications for skilled worker visas from outside the country (not for ICT applications).
Sponsors must apply for a specific CoS. This is a specific application to the Home Office, and details about the specific job and income will need to be submitted.
Sponsors for undefined CoS will either be requested to request a yearly allocation prior to April, or they will be automatically allotted a quantity. It is also possible to apply for additional COS during the year.
Financial support necessary
The applicant must demonstrate that they have the necessary financial resources to maintain themselves as they will not have access to public funding like benefits.
According to the criteria, candidates must have at least £1,270 in their bank accounts at the time of application. The money had to be available for at least 28 days straight, with day 28 occurring no later than 31 days after submitting the visa application. Unless they have had legal status in the UK for 12 months or if their sponsor agrees to cover their costs of up to £1,270 during their first month in the country, the applicant must show proof of their funds.
The sponsor must attest on the Certificate of Sponsorship that they will meet the financial requirements in the part that reads, “Sponsor certifies Maintenance.” ‘Additional data’ is where you can find this.
If dependents are applying, more payments will be required.
Criminal history necessary
If their line of work requires it, certain applicants might additionally be required to present a criminal history record certificate.
How to apply for a visa for a skilled worker
The applicant must submit an online application along with all required supporting documents and the appropriate cost in order to be considered for a Skilled Worker visa. Additionally, they will be required to submit their biometric data to the visa processing facility in their area, whether it be abroad or in the UK.
Applications may be submitted up to three months before to the worker’s anticipated first day of employment in the UK, as shown on the Certificate of Sponsorship.
After receiving their certificate of sponsorship, the applicant has three months to submit an online application. Every certificate has a special reference number that must be used.
Additionally, they will need to keep a scheduled appointment at a visa application centre to enrol their biometric data and submit a number of supporting documents. The required paperwork will consist of:
- a current passport or other proof of travel authorization
- Passports that have expired or other proof of traveller history
- Whenever necessary, evidence of their English language proficiency
- A record of their own savings, if any
- if they are from a nation on the list, the results of their tuberculosis test
- If an individual will be employed in the UK’s education, health, or social care sectors, they must provide a criminal record certificate from every nation they have resided in for at least a year and more in the last ten years.
Their application will be evaluated by the Home Office based on how many points they have earned through the points-based system.
It is crucial to remember that a real job offer and a current certificate of sponsorship do not ensure the successful issuance of a Tier 2 visa. All other pertinent requirements must still be met by the potential employee. Any general grounds for denial, such as any pertinent criminal history or prior immigration infractions, will also be taken into account by the Home Office.
What is the cost of a skilled worker visa?
Depending on your circumstances and whether the work is on the shortage occupation list, the applicant will need to pay the visa application fee of between £610 and £1,408 as well as the immigration health surcharge, the primary amount of which is £624 per year of the visa.
Any dependents applying alongside the primary visa applicant will incur the same fees.
Applying from outside the UK Application type Application fee per applicant
- £610 per person for up to three years.
- more than three years: £1,220 per individual
Using a UK-based application to switch, update, or extend
- £704 per person for up to three years.
- more than 3 years: £1,408 for each individual
Roles in certain occupations are in short supply, both locally and abroad.
- £464 per person for up to three years.
- more than 3 years: £928 for each individual
If the applicant is a citizen of one of the following nations, an additional discount of £55 will be given:
Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Luxembourg, Malta, Netherlands, North Macedonia, Norway, Poland, Portugal, Slovakia, Spain, Sweden, or Turkey. Austria, Belgium, Croatia, Republic of Cyprus, Czech Republic.
Only the primary applicant will be eligible for the discount; any dependents will not.
Read our thorough analysis of the estimated expenses associated with hiring competent workers.
Processing times for skilled worker visas
Applications for skilled worker visas can typically take up to 8 weeks if submitted from within the UK or up to 3 weeks if submitted from outside the UK, subject to COVID limits.
Depending on the location where your application is being handled, it could be possible to pay for a fast-tracked procedure.
How long is a visa for skilled workers valid?
Typically, a skilled worker visa is given for a maximum of five years. The visa holder would then need to apply for a visa extension or, after fulfilling the five-year residency requirement, they might be qualified to apply for UK indefinite leave to remain.
The skilled worker visa can be extended an unlimited number of times, so long as you continue to adhere to its conditions.
The visa holder must apply for a fresh leave duration if they switch employers or sponsors.
What conditions must firms meet in order to sponsor skilled workers?
Employers must apply for a sponsor licence if they plan to hire EU and non-EEA citizens who will be working in the UK as of January 1, 2021.This is the authorization required for UK employers to hire foreign nationals to work in the country in a particular position in a qualified skilled occupation.
In order to hire someone from the resident labour market who already has permission to work in the UK, such as a holder of indefinite leave to remain or a British citizen, an employer does not need a licence. The EEA nationals who have been given settled or pre-settled status under the EU Settlement Scheme are also included in this.
The Skilled Worker visa should be a welcome change for non-EEA citizens and employers of non-EEA citizens who may be accustomed to the previous UK visa process. Although the fundamental requirements are largely the same, some of them are less onerous than they were for the previous style of visa under Tier 2 of the points-based system. For instance, the cap on the total number of skilled worker visas that may be awarded has been suspended, and the Resident Labour Market Test has been eliminated.
The Skilled Worker visa will be unknown ground for EEA citizens travelling to the UK to work from 1 January 2021 and for UK firms used to hiring EEA nationals without any limitations under the pre-2021 EU freedom of movement rules. Before potential migrant workers can submit their visa applications, employers who wish to hire either EEA or non-EEA citizens for skilled labour must be in possession of a sponsorship licence.
Note that in order to get established or pre-settled status, EEA nationals who were already residing in the UK as of 11:59 p.m. on December 31, 2020, must register under the EU Settlement Scheme by June 30, 2021. This will protect their legal standing and their ability to live and work in the UK after this time, including doing so in a skilled capacity. By the end of June 2021, EEA workers in the UK as of December 31, 2020, will have the opportunity to apply for EU settled status.
An organisation must show that it is a legitimate entity that operates legally in the UK and that it is qualified to sponsor skilled migrant workers in order to be eligible for a Skilled Worker Sponsor Licence. UK Visas and Immigration (UKVI), when determining eligibility, will take into account:
- The company may provide legitimate work in the UK that pays a wage of at least £26,200 or the market rate for the position, whichever is higher, and fulfils the required skill requirement of RQF3 or above.
- If the firm has the necessary key employees and HR procedures and practises in place, it may fulfil its sponsorship obligations. The essential individuals will be in charge of running the sponsor management system (SMS) and carrying out the obligations of a licenced sponsor.
- Any history of immigration violations or pertinent, pending criminal convictions involving those involved in the day-to-day operation of the business, or the key personnel named on the sponsor licence application, could have an impact on the organization’s ability to sponsor foreign workers.
FAQs about skilled worker visas
Is the skilled worker visa the same as Tier 2?
Under the UK’s new single points-based immigration system, the Tier 2 (General) visa has been replaced by the Skilled Worker visa. Both EEA citizens who wish to work in the UK after January 1, 2021, and non-EEA nationals who request entry clearance or permission to remain in the UK on or after December 1, 2020, will be eligible for the Skilled Worker visa. Although there are certain improvements intended to simplify the procedure for both sponsors and applicants, the new visa is generally identical to the old one.
Who falls under the category of skilled labour?
According to the Appendix Skilled Occupations to the Immigration Rules (effective as of 1 December 2020), a skilled worker is someone who will be employed in a job capacity in the UK that is considered to need a skill level of RQF3 or higher (equal to an A level). Jobs are categorised according to their content and skill requirements, and employees are not required to have a formal education.
Do citizens of the EU require a visa to work in the UK?
After January 1, 2021, all EU nationals travelling to the UK to work will require a visa in advance, with the exception of Irish citizens, unless they are qualified to apply for established or pre-settled status under the EU Settlement Scheme. A person must submit an application before 30 June 2021 and be able to prove that they entered the UK before 31 December 2020 at 11:59 p.m. to be eligible for the programme.
