Having recently replaced the Tier 2 (General) visa, the Skilled Worker visa introduces a new set of rules and complexities — which you likely don’t have the time, energy, or expertise to figure out. If you're spinning your wheels and wondering how you can successfully secure your Skilled Worker visa, our team of experienced immigration solicitors can help. We'll ensure a smooth application process from start to finish, so you can rest easy knowing you're set up for success without adding more work to your already full plate.
At A Y & J Solicitors in London, we’ve helped many clients navigate the Skilled Worker visa process with ease. The application is full of intricate details, and we're here to make sure your application meets all requirements so you avoid unnecessary delays. Our lawyers will guide you through the entire immigration process so that you can feel confident in your submission and your future in the UK.
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We are specialists in immigration law and have supported more than 4,000 business owners and professionals around the globe to successfully navigate the British system. We work quickly, always responding to any queries within 24 working hours. And we work closely with the Home Office to pre-empt issues before they jeopardise sponsorship applications or breach compliance. We manage all United Kingdom immigration matters including visa applications under the new points-based immigration system, Indefinite Leave to Remain (ILR), Spouse Visas, nationality and more. We also handle complex cases of appeal, administrative reviews, judicial reviews and the many immigration challenges involving European Union law and human rights.
At A Y & J Solicitors, we’ll assign you a UK immigration expert to assist you with your ILR application, advising you all the way from beginning to end. Should we identify any weaknesses in your case – if, for example, you have spent many months outside of the UK – we will ensure that this is addressed in our legal representations. This will greatly enhance your chance of having your ILR application approved.
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At the end of 2020, the Home Office made changes to a new points-based immigration system. The Skilled Worker route opened for applications and replaced the Tier 2 (General work visa) route. While there are a number of similarities between Tier 2 (General) and the Skilled Worker route, changes have been introduced to allow employers to sponsor a wider workforce from outside the UK.These adjustments appear to make the system much more flexible and may encourage migrants to see the United Kingdom as a more appealing destination. The new points-based system includes a route for skilled workers who have a job offer from an approved employer sponsor.
The Skilled Worker visa is the successor of the Tier 2 visa. Whilst most of the fundamental requirements and conditions are the same, these are not identical routes. However, someone who has leave to remain as a Tier 2 migrant would make an application under the Skilled Worker route to extend their permission/apply for ILR, as the Tier 2 route is now closed to entry clearance, leave to remain, and settlement applications.
This is a points-based application. The applicant must score 70 points in total. The points will be made up of mandatory and tradeable points, as follows:-MANDATORY 20 Points sponsorship by a licensed sponsor
MANDATORY 20 Points job at the correct skill level for sponsorship
MANDATORY 10 Points English language level at B1 (CEFR)
Tradeable points
20 points must be claimed for the salary. All jobs are classified using a Standard Occupational Code (SOC). The SOC determines the going rate or minimum salary required for the position.
The applicant can score the required 20 points if they meet the criteria listed in Option A below.
Option A 20 points
(From 4th April 2024, the minimum salary for Skilled Worker visa applicants will rise from £26,200 to £38,700)
At least £10.75 per hour; and
At least the going rate for the SOC
If the applicant’s salary is less than the above, they may be able to score the required 20 points by trading points for other attributes or characteristics under Options B F below.
Option B 20 points
A PhD 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 PhD 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; and
At least 80% of the going rate for the SOC
Option D 20 points
A job which falls on the UK shortage occupation list and a salary of
At least £20,960 per year;
At least £10.75 per hour; and
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; and
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; and
At least the going rate for the SOC
The maximum time one can apply for is 5 years at a time. It is possible to apply for any period of up to 5 years in a single application. The visa will be issued in line with the dates given by the sponsor on the Certificate of Sponsorship.For example, someone employed on a 1-year (fixed term) contract may be assigned a Certificate of Sponsorship (CoS) with start and end dates that align with their employment contract. Although they were initially sponsored for only a year, the employer can sponsor an extension application to allow the employee to keep working for them in the same or different role. With a new CoS, the person can make an application from inside the UK to extend their Skilled Worker visa.
A Skilled Worker can bring visa dependents which include the spouse, unmarried partner and children aged under 18.
From December 2020, most jobs offered to an overseas worker must be at RQF3 or above (this is equivalent to A level), Under the Tier 2 (General) route, the skill level required was RQF6 (graduate level), with a few of exceptions where the skilled level was lower such as shortage occupation list chefs). Now, migrants applying for a Skilled Worker visa will not necessarily need to hold formal qualifications. However, the skill level of the job they will be doing will determine whether the skill threshold is met.
Unlike Tier 2 (General) where the minimum salary to sponsor from overseas was £30,000, the Skilled Worker visa has a current salary requirement of at least £26,200: (it will increase from £26,200 to £38,700 from 4th April 2024). Employers looking to recruit under the Skilled Worker route will need to pay the skilled worker a salary that equals or exceeds this salary threshold as well as the going rate for the occupation (as set out in the Standard Occupational Classification system), whichever is higher. However, it is possible for those using the Skilled Worker route to in fact be paid less than the new general salary, where they will be given additional tradeable points for other attributes. This is something new and different when compared to the old Tier 2 General route. Examples of those skilled workers with a lower salary are as follows:
The so-called new entrant criteria can be met in a number of ways. They must be under the age of 26 at the time of application, the applicant is a recent graduate or about to graduate. Those sponsored in postdoctoral research positions, along with those working towards professional qualifications, registration, or chartered status are included in the new entrant route.
The cap on the number of Skilled Worker migrants entering the UK has been cancelled under the new points-based system, meaning there is no set number of how many migrants should be allowed under the Skilled Worker route.
An applicant will need the following documents to file an application under the Skilled Worker route:
An applicant will need a minimum of 70 points to qualify for the Skilled Worker route as below.
Mandatory 50 points attributed to all skilled migrants, which are as follows:
Tradeable salary points
Other tradeable points
Candidates wishing to apply for the Skilled Worker visa can satisfy the English language requirement using their GCSE/A level or Scottish Higher certificates. The current methods of proving English language ability, such as Degrees taught in English or SELT (secure English Language Test) will continue to apply.It is worth noting that if you are being sponsored to work as a doctor, dentist, nurse, or midwife, you won’t be required to prove your knowledge of English if you’ve already passed an assessment that is accepted by the relevant regulated professional body.
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 met in the following ways:
Please get in touch with one of our specialists who can confirm whether your qualification meets the required level of English. It is important to note that if you’re a doctor, dentist, nurse, midwife or vet, you are not required to prove your knowledge of English if you have already passed an assessment by the relevant regulated professional body.
Candidates will need to make an online application using the appropriate form as well as pay the applicable fees. A list of the current fees for applications can be found on the UK government website by accessing the following link here. 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:
Candidates will be required to make an application using the appropriate form on the gov.uk website. Once the application has been submitted and the visa fees (which can be found here) along with the Immigration Health Surcharge (IHS) have been paid, you will be directed to a third-party website to book your biometric appointment.
The standard processing times for a Skilled Worker visa application are 8 weeks from inside the UK and 15 working days from outside the UK. However, these timeframes are not guaranteed, and cases considered more complex or high risk may take longer to be decided.Priority services are generally available as follows:
Priority Service 5 working day processing
Super Priority Service 24-hour processing
Additional fees apply for priority (expedited) services, over and above the visa fees.
Candidates can apply for leave to remain in the UK as a Skilled Worker, as long as they have valid leave in the UK. You cannot switch to this route in the UK if you’re currently in the UK:
You must apply from outside of the UK if you’re in one of the above categories.
A Skilled Worker visa can be refused for a number of reasons, including:
As the rules currently stand, there is no right of appeal for a refusal of an application made from inside or outside the UK. Generally, you’ll have three options should your application be refused:
The sponsor must have a valid sponsor licence in order to assign a Certificate of Sponsorship to their prospective candidate.The Certificate of Sponsorship contains information about the job offer.
The job must:
Furthermore, the sponsor, when assigning the Certificate of Sponsorship, is verifying that they will abide by the duties associated with being a licensed sponsor, including monitoring sponsored workers and reporting (to the Home Office) relevant changes to their sponsored staff members’ work conditions, where applicable.
The application skilled work visa uk cost:
Immigration Health Surcharge: £624-per-year/per adult and £470-per-year/per child under 18 years old
In most cases the applicant must follow a simple process to apply for a skilled worker visa:
Some applicants (including EU nationals and certain non-EU nationals) are eligible to use the Home Office-approved app to verify their identity. The applicant still needs to fill out an online form but is not required to attend an in-person biometric appointment. Instead, they would scan their biometric passport/biometric residence permit.
The applicant must show they have sufficient funds to support themselves in the UK. This does not always require bank statements. Someone whose A-rated sponsor has certified maintenance on their certificate of sponsorship does not need to provide additional evidence of finances. Similarly, someone who has lived in the UK lawfully for the continuous 12-month period prior to their Leave to Remain application date does not need to provide evidence of funds. People who do not meet the above criteria will need to provide bank statements covering the 28-day period prior to their application, showing funds of at least £1,270 in their personal bank account.
There is no cap on extensions of a Skilled Worker visa or Skilled Worker visa fixed-term contract. 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 Stay as a Skilled Worker:
The candidate is restricted to work for their sponsoring employer, in line with the conditions of their Certificate of Sponsorship (and acceptable, reported changes). They may be eligible to take up a second job, provided this meets the rules on “supplementary employment.”
Study is permitted, provided it does not interfere with the work the person is sponsored to do. The person cannot claim UK public funds (state benefits). Voluntary work is not permitted, paid or unpaid, outside supplementary work conditions. Volunteering permitted work is not permitted, outside supplementary work conditions).
There is no cooling-off period under the Skilled Worker route. This means that you can have held a Skilled Worker visa at any point before you apply for fresh entry clearance (make an application from outside the UK) under the route.
If you receive a job offer from another UK sponsor, you would need to be issued with a fresh Certificate of Sponsorship in order to make a Change of Employment application. The new skilled worker visa must be granted before you can start sponsored work for the new employer.
Study is permitted for those in the UK on the Skilled Worker route, with no limit on the number of study hours, provided it does not interfere with the job they have been sponsored to do.
Some migrants will be required to submit an Academic Technology Approval Scheme (ATAS) certificate in order to make a skilled worker visa application. This should be checked on a case-by-case basis and general information can be found on the gov.uk site: https://www.gov.uk/uk-visa-sponsorship-employers/check-whether-your-worker-needs-an-atas-certificate.
The processing of your skilled worker visa application starts once you have attended your biometric enrolment appointment and had your passport scanned/handed in your passport, depending on whether you applied within the UK or outside of the UK.You will usually get a decision on your visa within:
From inside the UK, the priority service (5-day processing £500) and super priority service (24-hour processing £800) may be available at the time of submission.
New rules for Skilled Worker visa: the minimum salary requirement is scheduled to increase to £38,700 per year on 4 April 2024.
The skilled worker visa gives the holder the right to live and work in the UK for the duration of their sponsored visa. There is no minimum amount of time your certificate must last, and your visa can last up to a maximum of 5 years before you are required to extend it. There is also no cap on the number of times you can extend your visa on this route.After 5 years in the UK on this route, you may be eligible to apply for Indefinite Leave to Remain in the UK. Once this is obtained, you are no longer required to be sponsored by a registered employer and restrictions on your job type and salary will cease.
The Skilled Worker visa and Health and Care Worker visa are one and the same – the Health and Care worker visa is a subcategory of the Skilled worker route. Both have similar eligibility and both allow the applicant to obtain settlement after 5 years.
The primary difference between the Skilled Worker visa and the Skilled Worker – Health and Care visa is that the Health and Care visa allows you to enter or remain in the UK to do an eligible job with an approved employer with a reduced application fee and no Immigration Health Surcharge. If your job enables you to be eligible for this visa route, the fees are:
You can check to see if your job is eligible with a 4-digit occupation code which you can ask your employer to provide if you already have a job offer.
As with the main Skilled Worker route, applying under the Health and Care visa you must have money in the UK to support yourself. You will need to have held at least £1,270 in your bank account for at least 28 days in a row – day 28 must be within 31 days of applying for the visa. If your sponsor certifies maintenance for you on your Certificate of Sponsorship, you will not be required to provide any bank statements.
Holding a Skilled Worker visa does not grant one access to public funds or government benefits in the UK. An individual will be required to obtain a settlement in the UK (in this case having spent 5 years on a Skilled Worker visa) before they can have access to public funds.
Post Brexit, EU nationals no longer have the right to free movement in the UK, unless they entered the UK prior to January 2021 and have obtained pre-settled status or settled status. This means that they are now subject to the Skilled Worker visa requirements should they wish to work in the UK. We recommend working with a Skilled Worker visa UK agency like A Y & J Solicitors to ensure your application meets all criteria.
Candidates will be required to make an application using the appropriate form on the gov.uk website. We recommend working with Skilled Worker visa UK agency like A Y & J Solicitors ensure your application meets all criteria. Once the application has been submitted and the visa fees (which can be found here) along with the Immigration Health Surcharge (IHS) have been paid, you will be directed to a third-party website to book your biometric appointment.
You will be required to attend an appointment at a TLS Contact Centre in Nigeria to hand in your passport for processing. Prior to attending the appointment, you will be invited to upload all of your supporting documents to your online account or opt to purchase a service whereby staff at the visa centre will scan your original documents. Details on which services are offered, by each respective centre, can be found here.
Candidates will be required to make an application using the appropriate form on the gov.uk website. We recommend working with Skilled Worker visa UK agency like A Y & J Solicitors to ensure your application meets all criteria. Once the application has been submitted and the visa fees (which can be found here) along with the Immigration Health Surcharge (IHS) have been paid, you will be directed to a third-party website to book your biometric appointment.
You will be required to attend an appointment at a VFS Global centre in India to hand in your passport for processing. Prior to attending the appointment, you will be invited to upload all of your supporting documents to your online account or opt to purchase a service whereby staff at the visa centre will scan your original documents. Details on which services are offered, by each respective centre, can be found here.
As of February 2024, Skilled Worker visa applicants must have an offer of a job from an approved UK employer with a salary of at least £26,200 per year, £10.75 per hour, or the ‘going rate’ for their type of employment (whichever is the higher amount).
**From 4th April 2024, the minimum salary for Skilled Worker visa applicants will rise from £26,200 to £38,700. This planned increase does not apply to Health and Care Worker visa applicants.**
Our experienced business and personal immigration solicitors consistently achieve success for skilled people who want to come to the UK to grow their careers, build their businesses, or start a new life here with their families.
With more than 10 years of experience behind us, we are experts with Skilled Worker visa applications and provide targeted and effective support for your application process from start to finish. Likewise, we’ll work with you to help your family members join you in the UK as your dependents. As a Legal 500-recognised business with thousands of happy clients to our name, you can be assured that our Skilled Worker visa UK agency will do everything it can to ensure your success.
