Skilled Worker Visa

What is a Skilled Worker Visa?

Skilled Worker visa is a work visa previously known as Tier 2 visa, which essentially enables people from any country in the world, including those from the EEA, to apply to come to the UK for work purposes. Skilled Workers may be sponsored for a short term period lasting a year or for a long term for up to five years, leading to settlement in the UK.

the eligibility rules and requirements for a Skilled Worker visa.

Should you wish to make an application under the Skilled Worker route, you must have a job offer from a sponsor licenced UK employer. If the UK employer is a licenced sponsor, you may be able to find them on the list of licenced sponsors approved by the Home Office here: https://www.gov.uk/government/publications/register-of-licensed-sponsors-workers

If the UK employer is not a licenced sponsor but they are looking to obtain a sponsor licence, we would be more than happy to assist them. Please visit our ‘Sponsor Licence’ page for more information and details.

The UK licenced employer must issue you with a Certificate of Sponsorship. This is a long reference number that you would need to mention in your online application for a Skilled Worker. Without this, your application is likely to be refused.

There is a list of eligible occupations on the Government’s website and we would encourage you to go through this long list to ensure that the job role that you wish to apply for is listed there. If it is not listed on the website, it means that you might not be able to apply for that particular role. The following is the link to the Government’s website for eligible occupations and codes: https://www.gov.uk/government/publications/skilled-worker-visa-eligible-occupations/skilled-worker-visa-eligible-occupations-and-codes

Under the eligible occupations list, you will also be able to see how much you should be paid at the very minimum for that role. Link is here: https://www.gov.uk/government/publications/skilled-worker-visa-going-rates-for-eligible-occupations/skilled-worker-visa-going-rates-for-eligible-occupation-codes

If the UK licenced employer is not prepared to offer you the minimum salary requirement, your application is likely to be refused.

POINT TO NOTE: Under the Statement of Changes in the Immigration rules, there will be an increase in the gross minimum salary threshold for sponsored workers assigned a Certificate of Sponsorship on or after 12 April 2023:

For Skilled Workers the minimum salary threshold will increase from £25,600 to £26,200;
For Senior/Specialist Workers, the minimum salary will increase from £42,400 to £45,800;
The minimum hourly rate is increasing from £10.10 per hour to £10.75 per hour
New going rates for individual occupations have been announced and the going rates will be based on a 37.5 hour working week, as opposite to 39 hour working week.

In addition to the above, you must meet the skill level requirement, which is at least equivalent to RFQ level 3 and to also meet the English language requirement at level B1 or above on the CEFR scale;

Finally, you must have £1270 in your bank account to show that you can support yourself in the UK. You will need to have had the money available for at least 28 days in a row.

There are some exceptions to this: you do not need to show that you have £1270 in your bank account if your employer confirms that they will be covering your costs during your first month in the UK, up to £1270. If you are already in the UK with a valid visa for at least 12 months, then you do not need to show proof of holding these finances in your bank account.

Skilled Worker Extension Visa

You may be able to extend your visa for as many times as you wish, so long as you are still working for the same employer or under the same occupation code. Please ensure that you apply to extend your visa prior to your current leave expires.

However, we understand that due to various circumstances you may wish to change your job or employer. If that is the case, you would need to apply for a new Skilled Worker visa.

Should you need further advice on this, please do not hesitate to contact us for advice. We would be happy to discuss your unique circumstances and provide you with a tailored advice related to your specific circumstances.

Skilled Worker visa leading to settlement in the UK

One of the advantages of the Skilled Worker visa is that it is a route to settlement in the UK. For example, if you have lived in the UK for 5 consecutive years under the Skilled Worker visa, you may be eligible to apply for Indefinite Leave to Remain in the UK. You would be required to show that you meet the eligibility rules and requirements for Indefinite Leave to Remain. We can provide you a detailed advice on this during our consultation, so please feel free to contact us if you are considering to come to the UK under the Skilled Worker visa with the view to settle in this country upon the completion of the 5 years continuous residence or, if you are already in the UK on a Skilled Worker visa and on your way to settlement, we are more than happy to guide you in the process to settlement.

Partner and children

Your partner and children can also apply to join you or stay in the UK as your ‘dependants’, if they are eligible, though they would need to complete separate applications. If their application is successful, their visa will end on the same date as yours. You will be required to provide evidence of your relationship to your partner and child/ren when you submit your application.

In terms of the financial aspect, your partner and children must have a certain amount of money available to support themselves while they are in the UK. In addition to £1270 that you have to prove you hold in your bank account, you or your partner or your child will need to prove that you have £285 more in your account for your partner, an additional £315 for one child and if you have more than one child, then you will have to show that you have £200 more for each additional child.

How much the Skilled Worker visa costs?

The Home Office’s application fees can vary from £625 to £1423, depending on your circumstances. You will also need to pay the Immigration Health Surcharge fees, which is £624 per year. For example, if you are applying for a 5 year Skilled Worker visa, then you would need to pay £3120 for Immigration Health Surcharge fees.

If, however, your job is listed on the shortage occupation list, then you and your family will pay a lower application fee, the amount will be the same regardless whether you are applying from inside or outside the UK. If your job is on the shortage occupation list, the fee for each person applying is £479 if staying in the UK for up to 3 years or £943 if staying in the UK for more than 3 years.

What are the timeframes in respect of obtaining a decision on the application?

You can apply for a visa up to three months before you are due to start your work in the UK. The timeframe for obtaining a decision on your application is just a guideline, it is not a strictly fixed timeframe and so, it may take longer for you to receive a decision.

Having said that, if you are applying from inside the UK, you should expect to receive a decision within 8 weeks. If you are applying from outside the UK, you should expect to receive a decision within 8 weeks.

You would also need to show that you hold at least £1270 in your bank account to support yourself financially upon your arrival in the UK, unless the above mentioned exceptions apply.

Contact our London Business immigration solicitors

Our team includes immigration solicitors with exceptional experience, including an appeal court advocate. We are known for working proactively for our clients, obtaining the licences and visas they need efficiently and without delay.