The Skilled Worker visa, which has effectively replaced the Tier 2 (General) visa, is the primary route for non-UK resident workers to enter the United Kingdom. Whether you are an employer seeking to hire a skilled worker from abroad or an individual seeking a sponsorship visa, it is critical to understand the Skilled Worker visa eligibility and application requirements in order to avoid delays or issues with the Home Office application.
If your application is denied, you will forfeit the application fee. With so much at stake for skilled workers and their sponsors, it is critical to seek legal advice to fully understand the migration options available and to ensure that the Skilled Worker visa is the best option.
VISA FOR SKILLED WORKERS: WHAT IS IT?
Employers can use the Skilled Worker visa to hire non-UK residents for certain skilled positions. The visa is open to those who meet the 70 Points requirement, which includes demonstrating a high level of skill and salary, proficiency in English, and an offer of employment from a UK Sponsor. With the Skilled Worker visa, family members of the main visa holder can also apply for Indefinite Leave to Remain in the UK, allowing them to join the visa holder in the UK.
WHAT ARE THE REQUIREMENTS FOR OBTAINING A SKILLED WORKER VISA?
Skilled Worker visa rules and requirements are laid out in an Appendix Skilled Worker. EEA nationals recruited from outside the UK after 1 January 2021 and who are not eligible for status under the EU Settlement Scheme will be eligible for a visa under this route, which requires a total of 70 points. 50 points are required or “non-tradeable” criteria (e.g., the job offer, speaking English, and the requisite skill level for the position on offer) and 20 points are required or “tradeable” criteria (e.g., the ability to communicate effectively in English).
A LIST OF OCCUPATIONS THAT QUALIFY FOR THE SKILLED WORKER PROGRAMME
Skilled Worker status can only be determined by identifying the correct SOC Code for the position. The ONS occupation coding tool is commonly used for this purpose. When creating the list, make sure that each entry corresponds to a specific position on the list that is currently open for application. This must be cross-checked with the list of eligible jobs to make sure that the code is included and eligible under the Skilled Worker route once it has been identified. As long as the correct SOC code is used, the Home Office can deny the visa application.
The Health and Care Worker visa is a better option for healthcare professionals who want to work in the United Kingdom’s health and adult social care sectors. Health sector workers can take advantage of a lower application fee and an exemption from the Immigration Health Surcharge by using this route instead of the Skilled Worker visa.
SKILLED WORKERS MUST MEET A CERTAIN LEVEL OF SKILL
Job ositions that require a skill level lower than RQF3, which is the equivalent of an A-level, will not be eligible to apply for a skilled visa. Even though alternative immigration routes may be considered, there are no general work permits or immigration routes available for ‘low skilled’ workers or occupations falling below this level of qualification.
SKILLED WORKERS ARE REQUIRED TO EARN A MINIMUM WAGE
Unless the ‘going rate’ for the particular role is greater, the standard minimum income level for a Skilled Worker visa is £25,600 per year. A standard rate is assigned to each occupational code. Salary levels must be calculated hourly rather than annually. Even if the yearly salary is over the statutory threshold, the minimum pay must be at least £10.10 per hour. In some cases, where the job on offer pays 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 exchanging specific characteristics for a lower salary in order to achieve the required number of points.
If the applicant’s salary is at least £20,480 per year, they can expect a salary of 70% to 90% of the relevant going rate for the job, provided one of the following conditions is met: the 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 relevant PhD level qualification in science, technology, engineering, or maths (STEM).
A new entrant is someone who is under the age of 26 on the date they apply and is applying for a maximum of three years of 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. Even though the minimum wage criterion of £20,480 must be satisfied, the salary requirement for new entrants is 30% lower than the rate for experienced workers in any occupation. Different minimum wage regulations apply to workers in specific health and education occupations.
ENGLISH LANGUAGE REQUIREMENT
For reading, writing, speaking, and interpreting English, a minimum level B1 on the Common European Framework of Reference for Languages is necessary.
The majority of applicants for Skilled Worker visas will need to demonstrate they meet the English language requirement, unless they have already done so as part of a previous UK immigration application or are a national of one of many exempt countries. Unless exempt, language ability must be demonstrated through the possession of a GCSE, A level, Scottish National Qualification level 4 or 5, Scottish Higher or Advanced Higher in English; a degree-level academic qualification taught in English; or the successful completion of an approved Secure English Language Test (SELT). Applicants from the following countries are exempt from the English language requirement:
- Antigua and Barbuda
- Australia
- Bahamas
- Barbados
- Belize
- Canada
- Dominica
- Grenada
- Guyana
- Jamaica
- Malta
- N.Z.
- Saint Kitts and Nevis
- Lucia
- The Grenadines and Saint Vincent
- The Republic of Trinidad and Tobago
- USA
REQUIREMENT FOR SPONSORSHIP CERTIFICATE
Prior to submitting the worker’s visa application, the worker’s UK sponsor must first issue a valid ‘Certificate of Sponsorship (CoS)’ confirming that the individual and role match the sponsorship eligibility conditions. The CoS is a reference number that the applicant for a Skilled Worker visa must include in their Home Office application. Only licenced sponsors are authorised to issue a Certificate of Sponsorship. There are now two sorts of Certificates of Sponsorship: defined and undefined.
These new CoSs supersede the previous limited and unrestricted CoSs that were in effect prior to 1 December 2020. Undefined CoS are for workers already in the UK on valid leave who wish to convert to the skilled worker category from another immigration route, or for those applying via one of the other visa procedures from within or outside the UK. The defined conditions of service apply to applicants for out-of-country skilled worker visas (not ICT applications). Sponsors will be required to submit an application for a designated CoS.
This is a unique application to the Home Office, and specific information about the work and remuneration will be required. For undefined CoS, sponsors will be required to make a yearly allocation request in advance of April, or they will be automatically allotted a quantity. Additionally, extra COS may be requested during the year.
MAINTENANCE REQUIREMENT
The applicant must demonstrate that they meet the financial requirements and have adequate funds to maintain themselves, as they will not be eligible for public subsidies. The criteria stipulate that applicants must have a minimum balance of £1,270 in their bank account at the time of application. This sum must have been available for a minimum of 28 consecutive days, with the 28th day occurring within 31 days of filing the visa application. Unless the applicant has lived in the UK for 12 months with lawful status or their sponsor agrees to cover their first month’s costs of up to £1,270, the applicant must give evidence of their funds.
The sponsor should declare on the Certificate of Sponsorship that they will meet the financial demand in the part titled’sponsor verifies upkeep’. This information is included under ‘Additional data’. Additional funds will be required if applying with dependents.
APPLICATION PROCESS FOR A SKILLED WORKER VISA
To apply for a Skilled Worker visa, the candidate must complete an online application, provide supporting papers, and pay the appropriate price. Additionally, they will be required to supply biometric information at a visa processing centre located near them, either overseas or in the United Kingdom. Applications may be submitted up to three months prior to the worker’s scheduled start date of employment in the United Kingdom, as specified on the Certificate of Sponsorship.
The applicant must submit an online application within three months of receiving their sponsorship certificate. Each certificate comes with a unique reference number that must be used when applying. Additionally, they will be asked to make an appointment with a visa application centre to enrol their biometric information and submit relevant supporting documents. The required documentation will include the following:
- A valid passport or other travel document demonstrating their ability to travel
- Passports or other travel documents that have expired to demonstrate their travel history
- Where applicable, evidence of their English proficiency
- Where applicable, evidence of their personal savings
- Their tuberculosis test results, if they originate from one of the countries listed.
- A criminal record certificate from any country in which they have lived for 12 months or more in the last decade and will be working in the education, health, or social care sectors in the United Kingdom.
The Home Office will evaluate their application based on their point total under the points-based system. It is critical to note that an offer of a legitimate employment accompanied by a valid certificate of sponsorship does not guarantee that a Tier 2 visa will be granted successfully. Additionally, the potential employee must meet all other pertinent criteria. Additionally, the Home Office will take into account any general reasons for rejection, such as relevant criminal background or prior immigration infractions.
SKILLED WORKER VISA COST?
The applicant must pay the visa application fee, which ranges from £610 to £1,408, depending on the applicant’s circumstances and whether the employment is on the shortage occupation list, as well as the Immigration Health Surcharge, which is currently set at £624 per year of the visa. The same fees apply to any dependents accompanying the principal visa applicant.
DURATION OF A SKILLED WORKER VISA
Generally, skilled worker visas are granted for a period of up to five years or 3 years depending on the job. At this time, the visa holder must seek for an extension of the visa or, upon completion of the five-year residency requirement, they may be entitled to apply for indefinite leave to remain in the United Kingdom. There is no limit to the number of times a skilled worker visa can be extended, as long as the applicant continues to meet the visa requirements. If the visa holder changes sponsors or jobs, he or she must reapply for a new leave period.
WHAT ARE THE EMPLOYER REQUIREMENTS FOR SKILLED WORKER VISAS?
Employers wishing to employ EU and non-EEA citizens coming to the UK to work must apply for a sponsor licence by 1 January 2021. This is the authorization required for employers in the United Kingdom to recruit overseas workers to work in a specific job in an eligible skilled vocation in the United Kingdom. Employers do not need a licence to hire someone from the resident labour market who already has an established right to work in the UK, such as individuals with indefinite leave to remain or British nationals.
Additionally, this covers EEA nationals who have been given settled or provisional status under the EU Settlement Scheme. For non-EEA citizens and employers of non-EEA nationals who are accustomed to the former UK visa process, the Skilled Worker visa should be a pleasant change — while the fundamentals remain mostly unchanged, some of the requirements are less onerous than under the old Tier 2 points-based system. For example, the cap on the amount of skilled worker visas that can be awarded has been suspended, and the Resident Labour Market Test has been eliminated.
For EEA nationals arriving in the UK to work on or after 1 January 2021, and for UK firms accustomed to hiring EEA nationals without limitation under pre-2020 EU freedom of movement regulations, the Skilled Worker visa will be uncharted ground. Employers seeking to employ either Application type Application fee per applicant Applying from outside the UK
- up to 3 years – £610 per person
- more than 3 years – £1,220 per person Applying from inside the UK (switching, updating or extending)
- up to 3 years – £704 per person
- more than 3 years – £1,408 per person Shortage occupation roles, both incountry and out of country applications
- up to 3 years – £464 per person
- more than 3 years – £928 per person EEA or non-EEA nationals for skilled employment must obtain a sponsorship licence prior to sponsoring migrant workers.
- Nota bene: EEA nationals who are already residing in the UK as of 11 p.m. on 31 December 2020 must register under the EU Settlement Scheme by 30 June 2021 in order to obtain settled or presettled status.
This will protect their legal status and right to continue living and working in the UK following this date, including in skilled jobs. Employees from the European Economic Area who arrive in the UK before 31 December 2020 have until 30 June 2021 to register under the EU settled status scheme. To qualify for a Skilled Worker sponsor licence, an organisation must demonstrate that it is a legitimate business functioning legally in the United Kingdom and that it is suitable to sponsor skilled migrant workers. UK Visas and Immigration (UKVI) will consider the following factors when determining suitability: The organisation can offer genuine employment in the UK that meets the required skills threshold of RQF3 or higher and pays a salary of at least £25,600 or the going rate for the job, whichever is higher.
The organisation is competent of satisfying its sponsorship obligations if it has proper human resource processes and practises in place, as well as suitable key employees. The key individuals are those who will operate the sponsor management system (SMS) and be accountable for carrying out the licenced sponsor’s responsibilities. The organisation, its key personnel, and management are trustworthy, dependable, and reputable, except where any history of immigration violations or relevant unspent criminal convictions involving those involved in the day-to-day operation of the business, or the key personnel named on the sponsor licence application, may jeopardise the organization’s ability to sponsor overseas workers.
QUESTIONS AND ANSWER
Q: WHAT IS TIER 2?
A:The Tier 2 (General) visa has been replaced with the Skilled Worker visa. It will apply to EEA citizens who wish to work in the UK after January 1, 2021, and to non-EEA nationals who wish to enter or reside in the UK after December 1, 2020. The new visa is identical to the previous one, with certain adjustments to make the process easier for both sponsors and applicants.
Q: WHAT IS A SKILLED WORKER?
A: As defined in the Immigration Rules, a skilled worker is someone who will work in a job function in the UK that requires a skill level of RQF3 or higher (equal to an A level) (applicable from 1 December 2020). Jobs are classified by skill level and content, and workers do not need official qualifications.
Q: DO EU CITIZENS NEED A SKILLED WORKER VISA STARTING JANUARY 2021?
A: After that date, no EU nationals living in the UK can apply for the PBS skilled worker visa. Employers may continue to accept passports and national ID cards as proof of right to work until June 30, 2021. From January 2021, all EU workers entering the UK must apply in advance.