Skilled Worker Visa

Why Migrate to the UK?

1.  The fifth-strongest economy in the world
2.   Top universities in the world with high QS rankings
3.   Free healthcare for permanent residents
4.   High quality of living
5.   1.3 million job vacancies

UK Skilled Worker Visa 

The purpose of the UK Skilled Worker visa is to allow highly qualified foreign employees to enter the UK labour market and eventually establish permanent residency there.

With this visa, skilled workers from other nations may be chosen by the list of shortage occupations, and they will be qualified to get an offer letter without the labour market test and remain in the UK for up to five years.

Benefits Of The Visa :

• Visa holders can bring dependents on the visa
• Spouse is allowed to work on the visa
• No cap on the number of people who can move to the UK on the visa
• The minimum salary requirement has been reduced to £ 25,600 from the threshold of £26,200
• Fast Track Visas will be provided for healthcare professionals like doctors and nurses

Perspective on the UK immigration plan 

This year, there will be significant opportunities for UK immigration. The country plans new routes such as Global Business Mobility and Scale-up. It will introduce new visa categories and consolidate or modify some existing offerings. The new High Potential Individual visa would provide user-friendly access.

• High Potential Individual Route: It is a visa for students who have graduated from a top global university. It allows them to enter the UK without a job offer and work without restrictions, allowing them to settle in the country if they meet specific criteria.
• Scale-up route: It is a visa for talented candidates having a job offer from a qualified scale-up.

Simplifying the Innovator route:  Introduction of a fast-track program for businesses with growth potential

Allowing more flexible options for funding and an opportunity for the applicant to work outside the primary business

• Global Business Mobility: New Global Business Mobility route for overseas businesses

The UK government has laid out all these plans to make the UK a global innovation hub by 2035. Introducing this new fast-track visa for recruiting overseas talent would be “very important or vital” for its economy and employment growth.

The country also faces labour shortages in many areas and will rely on UK immigration for highly skilled foreign nationals.

 Most everyday Methods Of Immigration To The UK

To improve your chances of immigrating to the UK from India, AtoZ Serwis Plus, which has in-depth knowledge of UK immigration regulations, provides professional advice and counsels you on the relevant processes and criteria.

Although there are other routes to immigration to the UK, the following are the most reliable and effective routes:

• Obtain a Work Visa to Immigrate to the UK
• Move through the student route
• Obtaining a family visa to immigrate
• Obtaining a UK business visa to immigrate
• Obtaining a UK Investor visa to immigrate

The UK government encourages talented individuals to work in the UK through the Tier 2 visa programme to obtain a competitive advantage. With the help of this programme, job searchers may browse the Tier 2 Shortage Occupations list and submit applications for positions that meet their qualifications.

The industries with the highest demand are:

IT Finance Teaching Healthcare Engineering
The candidate must have a UK work visa to apply for the skilled workers' programme.

UK's Gross Minimum Salary 

• The minimum Gross Salary increased from the previous level of £ 25,600 to £ 26,200.
• For qualifying PhD-qualified positions, the minimum gross salary rose from £23,040 to £23,580.
• For occupations on the shortage occupation list, certain STEM roles, new hires, and specific healthcare roles, the minimum gross salary rose from £20,480 to £20,960.

Skilled Worker Visa

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 Skilled Worker visa criteria will be crucial to prevent problems or delays with the Home Office application, whether you are a company trying to recruit 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, skilled workers and their sponsors must get legal counsel to understand their alternatives for immigrating and to confirm that the skilled worker visa is the best option.

What is the Skilled Worker Visa?

The Skilled Worker visa allows employers to recruit non-UK resident workers for specific 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 principal visa applicant in the UK. It is also a route to settlement and Indefinite Leave to Remain. 

What are the Skilled Worker visa requirements?

The rules and requirements for the Skilled Worker visa route are in a new Appendix Skilled Worker. Under this route, applicants must accrue 70 points to be eligible for a visa, including EEA nationals recruited from outside the UK after 1 January 2021 and 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 (i.e., 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

The sponsor should identify the relevant SOC code for the role to determine if the job is eligible for the Skilled Worker route. 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, it must be cross-referenced with the list of eligible jobs to check that it is included and eligible under the Skilled Worker route.

The Home Office can only accept the visa application if the incorrect SOC code is used.

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

Skilled Worker skill requirement

Roles that fall below the required skill level of RQF3, equivalent to an A-level, will not be eligible for the skilled visa route. 

Although alternative immigration routes may be considered, there is no general work permit or immigration routes for ‘low-skilled’ workers or occupations below this level. 

Skilled Worker minimum salary requirement

The Skilled Worker visa general minimum salary threshold is £26,200 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 applicable 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 specific health or education occupations.

English language requirement

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

Most Skilled Worker visa applicants must 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 many 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:

• Antigua and Barbuda
• 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 requirement

Before the worker can submit their visa application, their UK sponsor must 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 the Skilled Worker visa applicant must 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 applicable before 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 ).

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 need 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 must 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 under your certificate's ‘sponsor certifies maintenance’ section. This is under ‘Additional data’.

Criminal record requirement

Some applicants may also need to show a criminal records certificate if their occupation requires this.

How to apply for a Skilled Worker visa

To apply for a Skilled Worker visa, the applicant must submit an online application and 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 starts in the UK, as stated on the Certificate of Sponsorship.

The applicant must 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 submit supporting documents. 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 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 ten 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 based on their accumulated points under the points-based system.

I would like to let you know 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.

How much does a Skilled Worker visa cost?

The applicant will have to pay the visa application fee of between £610 to £1,408 depending on your circumstances and whether the job is on the shortage occupation list, and the Immigration Health Surcharge, for which the primary rate is £624 per year of the visa.

The exact costs apply to any dependants applying with the principal visa applicant.

An additional discount of £55 will be applied if the applicant is a national of one of the following countries:

Austria, Belgium, Croatia, Republic of Cyprus, 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.

The discount will apply only to the principal applicant, not any dependants.

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.

How long does a Skilled Worker visa last?

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 how often you can extend the skilled worker visa, provided you continue to meet the visa requirements.

If visa holders change sponsors or jobs, they must apply for a new leave period.

What are the 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 must 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 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 includes EEA nationals granted 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 be a welcome change. Although the fundamentals remain broadly the same, some of the requirements are less demanding 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 to 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 must hold a sponsorship licence to sponsor migrant workers before the individuals can apply for their visa.

EEA nationals already resident in the UK by 11 pm 31 December 2020 must register under the EU Settlement Scheme before 30 June 2021 to secure 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 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 £26,200 or the going rate for the job, whichever is the higher.
• The organisation can meet the sponsorship duties where they have 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.

UK Shortage Occupation List 2023 

If a candidate has their job on the SOL, they can be paid 80% of the “going rate” for their job to qualify for the UK Skilled Worker visa.

Healthcare and education occupations have different shortage occupation lists –