Skilled Worker Visa – Application Guidance 2024

skilled worker visa

IN THIS SECTION

The Skilled Worker visa allows qualifying foreign nationals to come to the UK to work for an approved sponsor in an eligible role.

Whether you are an employer looking to hire someone from overseas, or are an individual applying for a sponsored work visa, it will be important to understand the Skilled Worker visa eligibility and application requirements to avoid issues or delays with the Home Office application. A refused application will result in the loss of the application fee and the individual not being allowed to come to the UK for work.

In this comprehensive guide, we set out the rules and requirements to apply for a Skilled Worker visa, including the eligibility criteria that have to be met, and the supporting documents that will need to be submitted to evidence eligibility. We also look at application costs and timings, and the conditions that Skilled Worker visa holders have to comply with once they come to the UK for work.

 

Section A: What is the Skilled Worker Visa?

 

The Skilled Worker visa, which replaced the Tier 2 (General) visa, is the main work visa for overseas nationals. It allows employers to sponsor non-UK nationals to work in the UK in eligible, skilled roles. The visa is open to individuals who attain 70 points by meeting specific eligibility requirements such as skill and salary level, English language ability, and a qualifying job offer from a UK employer with a valid sponsorship licence.

The Skilled Worker visa makes provisions for spouses, ‘durable’ partners, and dependent children to apply to join the main visa applicant list in the UK as Skilled Worker dependents.

The Skilled Worker visa is granted for up to five years, after which the worker can become eligible to apply for UK Indefinite Leave to Remain.

 

Section B: Skilled Worker Visa Requirements

 

The rules and requirements for the Skilled Worker visa route are set out in Appendix Skilled Worker. Applicants will need to accrue a total of 70 points to be eligible for a Skilled Worker visa.

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 are classed as ‘tradeable’ criteria.

 

1. Skilled Worker Visa Minimum Salary

 

The Skilled Worker visa minimum annual salary threshold for most applicants is £38,700, where no salary discount is available. This is referred to as Option A in the Home Office guidance. In addition to meeting or exceeding the relevant annual salary level, the worker’s pay must also meet or exceed the relevant going rate for the occupation.

The Home Office has set out the minimum thresholds in Appendix Skilled Worker. The first threshold applies to new Skilled Worker applicants applying for their first Skilled Worker visa, and the second applies to existing Skilled Worker visa holders making new applications, such as extensions or change of employer.

Appendix Skilled Worker sets out the threshold, including the availability of lower salary thresholds, as follows:

 

Option Description Salary Requirements Points
A

Salary only (no discounts)

The applicant’s salary equals or exceeds both:

  • £38,700 per year (general threshold)
  • The full going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations
20
B

Relevant PhD

(10% discount on general threshold and going rate)

The applicant has a PhD in a subject relevant to the job and their salary equals or exceeds all of the following:

  • £34,830 per year (general threshold)
  • 90% of the going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations
20
C

Relevant PhD in a

STEM subject (20% discount on general threshold and going rate)

The applicant has a PhD in a STEM subject relevant to the job and their salary equals or exceeds all of the following:

  • £30,960 per year (general threshold)
  • 80% of the going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations
20
D

Job in Appendix Immigration Salary List (20% discount on general threshold only)

The applicant is being sponsored for a job on the Immigration Salary List and their salary equals or exceeds all of the following:

  • £30,960 per year (general threshold)
  • The going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations
20
E

New entrant (20% discount on general threshold and 30% discount on going rate)

The applicant is a new entrant at the start of their career and their salary equals or exceeds all of the following:

  • £30,960 per year (general threshold)
  • 70% of the going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations
20
F

Salary only (no discounts)

[Specified Health and Care occupations and transitional provision]
The applicant’s salary equals or exceeds all of the following:

  • £29,000 per year (general threshold)
  • The full going rate for the occupation code as stated in Table 2 or 2a of Appendix Skilled Occupations
20
G

Relevant PhD (10% discount on general threshold and going rate)

[Specified Health and Care occupations and transitional provision]
The applicant has a PhD in a subject relevant to the job and their salary equals or exceeds all of:

  • £26,100 per year (general threshold)
  • 90% of the going rate for the occupation code as stated in Table 2 or 2a of Appendix Skilled Occupations
20
H

Relevant PhD in a STEM subject (20% salary on general threshold and going rate)

[Specified Health and Care occupations and transitional provision]
The applicant has a PhD in a STEM subject relevant to the job and their salary equals or exceeds all of:

  • £23,200 per year (general threshold)
  • 80% of the going rate for the occupation code as stated in Table 2 or 2a of Appendix Skilled Occupations
20
I Job in Appendix Immigration Salary List (20% discount on general threshold only)

[Specified Health and Care occupations and transitional provision]
The applicant is being sponsored for a job on the Immigration Salary List and their salary equals or exceeds all of:

  • £23,200 per year (general threshold)
  • the full going rate for the occupation code as stated in Table 2 of Appendix Skilled Occupations
20
J

New entrant (20% discount on general threshold and 30% discount on going rate)

[Specified Health and Care occupations and transitional provision]
The applicant is a new entrant at the start of their career and their salary equals or exceeds all of the following:

  • £23,200 per year (general threshold)
  • 70% of the going rate for the occupation code as stated in Table 2 or 2a of Appendix Skilled Occupations
20
K

Eligible health or education occupation code

[Specified Health and Care occupations and transitional provision]
The applicant is being sponsored for a job in a listed health or education occupation and their salary equals or exceeds both:

  • £23,200 per year (general threshold); and
  • the going rate for the occupation code as stated in Table 3, 4 or 5 of Appendix Skilled Occupations
20

 

 

a. Salary Threshold for New Skilled Worker Visa Applicants

From 4 April 2024, the salary threshold for most new applicants is £38,700. This is an increase on the previous £26,200. A lower, discounted threshold of £30,960 applies for roles listed on the Immigration Salary List or if the applicant is a new entrant to the labour market. Eligible applicants relying on a relevant PhD will now have to earn £34,830, and for those relying on a relevant STEM PhD, the new minimum threshold is £30,960.

 

b. Salary Threshold for Existing Skilled Worker Visa Applicants

The salary threshold of £29,000 applies from 4 April 2024 for existing Skilled Worker visa holders who are making new applications, such as extensions or changing their employer.

 

c. Salary Threshold for Health and Care Workers

Following an increase from 4 April 2024, the minimum salary threshold for Health and Care Worker visa holders is £23,200, or the national pay scale for the role, whichever is higher.

Workers applying for a role that is not on a national pay scale will have to meet a general annual salary threshold of £29,000. Lower thresholds may be available where specific requirements are met, as we detail here.

These new thresholds apply when applying for a first Health and Care Worker visa or when extending permission.

 

d. Skilled Worker Going Rates

Higher going rates reflecting the most recent UK salary data now apply to Skilled Worker applications made on or after 4 April 2024. The rates are set out in two tables. Table 1 covers the going rates applicable to new Skilled Worker applicants, while Table 2 specifies the lower going rates for existing Skilled Worker visa holders when making a new application.

In addition, the new going rates also incorporate the minimum hourly rate requirement.

 

Read our comprehensive guide to the Skilled Worker Visa Minimum Salary rules here >> 

 

2. Sponsored Role Requirement

 

20 mandatory points must be attained in relation to employment sponsorship. Requirements are placed on both the worker and their employer (i.e. the sponsor). The sponsor must hold a valid sponsorship licence with an A rating. The sponsor must also have paid the Immigration Skills Charge. The Home Office will also look to determine if the vacancy and employment are genuine, ie that the sponsoring organisation has a genuine need for the job.

The worker must have been assigned a valid Certificate of Sponsorship by the employer specific to the role they are being recruited for.

 

3. Certificate of Sponsorship Requirement

 

Before the worker can submit their visa application, their UK sponsor must first 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 that the Skilled Worker visa applicant will need to 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, which were applicable prior to 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.

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.

UKVI allocate undefined CoS to sponsors on an annual basis. The number of CoS will depend on factors such as the size of the sponsor’s workforce and the nature of the business. Any unused CoS will be removed from the SMS at the end of each 12-month period. It is also possible to apply for additional undefined CoS during the year.

 

You can find out more about Certificates of Sponsorship in our complete guide here >> 

 

4. Skill Requirement

 

Skilled worker visa holders can only work in certain eligible roles. To be eligible, the role must be deemed to be at RQF level 3 or above. This is the equivalent of a UK A-level. Any roles considered to be lower than this will not qualify under the skilled worker visa requirements.

When assessing roles for skilled worker visa eligibility, the Home Office uses ‘Standard Occupation Codes’ (SOC).

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

Employers must not use an unsuitable job code or exaggerate the requirements of a role to fit into a SOC code, for example, to make the role seem more highly skilled and, therefore, eligible.
The Home Office may request further information about the role to address any concerns that an incorrect SOC code has been used. This would involve submitting additional evidence that the applicant has the required skills and experience for a role in the relevant SOC code.

If there has been a genuine error in selecting the wrong code, this can usually be corrected.

The Home Office can refuse a Skilled Worker visa application if the caseworker determines the job being recruited for, or the applicant’s skills and experience, do not match the relevant SOC code and skill level requirement.

 

Read our detailed guide to SOC Codes here >> 

 

5. English Language Requirement

 

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

Most Skilled Worker visa applicants will need to 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 a number of 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 any of the following countries:

 

Antigua and Barbuda Canada Malta Trinidad and Tobago
Australia Dominica New Zealand USA
the Bahamas Grenada St Kitts and Nevis
Barbados Guyana St Lucia
Belize Jamaica St Vincent and the Grenadines

 

 

6. Financial Maintenance Requirement

 

The applicant must show they meet the financial requirement, and have sufficient funds to support themselves as they will not have 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 will need to 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 the ‘sponsor certifies maintenance’ section on your certificate. This is under ‘Additional data’.

Additional funds will be needed if dependants are applying. The partner of the principal applicant will need to show funds of £285, and a further £315 will need to be shown for the first dependent child applicant. For any additional child, the financial requirement must be met by showing funds of £200 per additional child. For example, a Skilled Worker visa with a spouse and three children would need to show maintenance funds of at least £2,270 (=£1,270 + £285 + £315 + £200 + £200).

 

7. Background Check Requirement

 

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

 

8. Healthcare Professionals

 

Healthcare professionals looking to work in roles in the UK health or adult social care sector should instead look at the Health and Care Worker visa. This route is specifically designed for health sector occupations such as qualified nurses, doctors, adult social care professionals and many other healthcare professionals.

It offers a number of benefits to visa holders over the Skilled Worker visa, such as a lower application fee and exemption from the Immigration Health Surcharge.

Specific eligibility criteria apply for the Health & care worker visa, with only certain roles eligible under this route, as specified on the Home Office Immigration Salary List. The List is, however, subject to change, and sponsors and workers are advised to double-check that a role continues to be eligible when making an application.

 

Read our complete guide to the Health and Care Worker Visa here >> 

 

Section C: How to Apply for a Skilled Worker Visa

 

To apply for a Skilled Worker visa, the applicant will need to submit an online application, together with their supporting documentation, and pay the relevant fee. Applications can be made up to 3 months before the day the worker’s intended employment start date in the UK, as stated on the Certificate of Sponsorship.

The applicant will need to 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 various supporting documents.

 

Step Description
Step 1: Obtain Job Offer Secure a job offer from a UK employer with a sponsorship license.
Step 2: Apply for CoS Employer issues a Certificate of Sponsorship.
Step 3: Gather Documents Collect all required documents for the visa application.
Step 4: Complete Online Application Fill out the online visa application form and pay the fees.
Step 5: Biometric Appointment Attend an appointment to provide fingerprints and photo.
Step 6: Wait for Decision Wait for the Home Office to process the application.
Step 7: Receive Visa If approved, receive the visa and prepare to move to the UK.

 

1. Skilled Worker Visa Supporting Documents

 

Along with the application form, the applicant will also have to compile and submit documents to evidence their identity and eligibility.

Depending on where the application is being made – in the UK or overseas – the applicant will either have to use the UK Government’s ‘UK Immigration: ID Check’ app to submit the ID document, or submit biometric information (fingerprints and a photograph) at a UKVCAS centre.

 

Document Purpose Details
Certificate of Sponsorship (CoS) Confirmation of job offer and employment details Issued by your UK employer, includes a unique reference number and details of the job offer.
Sponsor’s Name and Licence Number Identifies the employer’s sponsorship status Employer’s name and their sponsorship licence number.
Job Title Confirmation Verifies the job position Confirmation of your job title as stated in your employment contract.
Annual Salary Confirmation Verifies the salary meets visa requirements Confirmation of your annual salary for the job offer.
Job Occupation Code Classifies the job according to UK standards The specific occupation code for your job as listed in the job offer.
Current Passport Identity and travel document Must be valid for the duration of your stay in the UK. Include any previous passports covering your stay in the UK.
Expired Passports or Travel Documents Shows travel history Previous passports or travel documents to demonstrate your travel history.
Proof of Personal Savings Demonstrates financial ability Bank statements showing required maintenance funds held for at least 28 days prior to application, if applicable.
Proof of English Proficiency Demonstrates meeting the English language requirement Approved English language test results (B1 level or higher), or degree taught in English, if applicable.
TB Test Results (if applicable) Health requirement for applicants from certain countries Tuberculosis test results from an approved clinic if you are from a country where TB testing is required.
Proof of Relationship (for dependents) Demonstrates relationship with spouse/partner and children Marriage certificate, birth certificates for children, or evidence of living together for unmarried partners.
Valid ATAS Certificate (if applicable) Required for certain sensitive subjects Academic Technology Approval Scheme (ATAS) certificate if your field of study or work requires it.
UK PhD Certificate or Ecctis Reference Number (if applicable) Verifies academic qualifications UK PhD certificate or an Ecctis reference number if claiming points for a qualification.
Criminal Record Certificate (if applicable) Background check for criminal records Certificate from relevant authorities in your home country or any country where you have lived for more than 12 months in the past 10 years. Required if working in education, health, or social care sectors.
Employment Contract Verifies ongoing employment with a UK employer Contract from your UK employer detailing job title, salary, and terms of employment.
Accommodation Details Confirms place of residence in the UK Rental agreement or letter from your sponsor confirming accommodation arrangements.

 

 

Applicants from outside the EU, Switzerland, Norway, Iceland or Liechtenstein, and those from the EU, Switzerland, Norway, Iceland or Liechtenstein who do not have a chipped biometric passport, must also have a blank page on their passport.

The Home Office will assess their application on the basis of how many points they have accumulated under the points-based system.

It is important to note that the offer of a genuine job with a valid certificate of sponsorship does not guarantee the successful grant of a Skilled Worker 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.

 

2. Skilled Worker Visa Timeline

 

This table outlines the key stages and expected timeframes involved in the Skilled Worker Visa application process, to support effective planning:

 

Stage Duration Details
Job Offer and Certificate of Sponsorship (CoS) A few weeks to a couple of months Secure a job offer from a UK employer with a valid sponsorship licence. The employer issues a CoS, which is a unique reference number for your visa application.
Preparation of Documents 1-2 weeks Gather necessary documents including your passport, CoS, proof of English proficiency, financial evidence, and other required documents.
Online Visa Application A few hours Complete the online Skilled Worker Visa application form, pay the application fee and Immigration Health Surcharge (IHS), and book a biometric appointment.
Biometric Appointment Typically within 1-2 weeks Attend a UK Visa and Citizenship Application Services (UKVCAS) centre to provide fingerprints and a photograph. Bring all required documents.
Visa Processing Standard: Up to 8 weeks<br>Priority: 5 working days<br>Super Priority: Next working day Processing time starts after biometric information is submitted. Standard processing can take up to 8 weeks, with faster options available for additional cost.
Decision and Notification Within the chosen processing time Receive an email or letter with the decision. If approved, your passport will be stamped with a vignette, and you will receive a Biometric Residence Permit (BRP) upon arrival in the UK.
Travel to the UK Within 30 days of receiving vignette Enter the UK within the 30-day period specified on your visa vignette. Collect your BRP from a designated post office within 10 days of arrival.
Settling In Ongoing Begin employment with the sponsoring employer, adhere to visa conditions, and ensure compliance with UK immigration rules.

 

 

3. Application Tips

 

Improve your chances of a successful Skilled Worker Visa application by following these tips:

 

Tip Description
Ensure All Documents Are Complete Gather all required documents before starting your application. This includes your passport, Certificate of Sponsorship (CoS), proof of English language proficiency, and financial evidence. Missing documents can delay the process.
Check Sponsor’s Licence Status Verify that your employer has a valid sponsorship licence. You can check the official list of licensed sponsors on the UK government website. An invalid licence can result in application rejection.
Understand the Financial Requirements Ensure you meet the maintenance funds requirement. You need to show that you have enough money to support yourself and any dependents without relying on public funds. Maintain the required amount in your bank account for at least 28 days.
Prepare for the English Language Test If required, book and prepare for an approved English language test well in advance. Achieving the necessary score is crucial for your visa approval. Exemptions apply to nationals of majority English-speaking countries or those with degrees taught in English.
Accurately Complete the Online Application Fill in all sections of the online application form accurately. Double-check all details to avoid errors, which can lead to delays or rejections. Ensure you select the correct visa category.
Pay the Immigration Health Surcharge (IHS) Calculate and pay the IHS as part of your application. This surcharge provides access to the UK’s National Health Service (NHS) during your stay. The amount depends on the length of your visa.
Book and Attend the Biometric Appointment Promptly Schedule your biometric appointment as soon as you receive the invitation. Attend the appointment on time and bring all required documents. Missing this appointment can delay your application.
Choose the Right Processing Service Decide between standard, priority, or super priority processing based on your timeline and budget. Priority services cost more but can significantly reduce processing times.
Keep Copies of All Submitted Documents Make copies of all documents submitted with your application. This includes your online application form, supporting documents, and payment receipts. Keeping records can be useful in case of any issues or queries.
Monitor Application Status Regularly check the status of your application. If you opted for priority or super priority service, expect updates within the promised timeframe. Contact UKVI if there are any unexpected delays.
Prepare for Arrival in the UK Plan your arrival in the UK within the 30-day period specified on your visa vignette. Ensure you collect your Biometric Residence Permit (BRP) from the designated post office within 10 days of arrival.

 

 

Section D: Skilled Worker Visa Fees & Processing Times

 

1. Visa Costs

 

The applicant will have to pay the visa application fee, with the amount payable depending on factors such as whether the job is on the Immigration Salary List.

The same costs apply to any dependants applying with the main visa applicant.

 

Application type  Application fee per applicant
Applying from outside the UK
  • up to 3 years – £719
  • more than 3 years – £1,420
Applying from inside the UK (switching, updating or extending)
  • up to 3 years – £827
  • more than 3 years – £1,636
Immigration Salary List roles for applications after 4 April 2024, and Shortage Occupation roles for applications made until 3 July 2024, both in-country and out of country applications
  • up to 3 years – £551
  • more than 3 years – £1,084

 

 

In addition to processing fees, applicants also have to pay the Immigration Health Surcharge for each year of leave.

 

Read our detailed breakdown of the Skilled Worker Visa Costs here >> 

 

2. Skilled Worker Visa Processing Times

 

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 the application is being processed.

 

Read our guide to UK visa processing times here >> 

 

Section E: Duration & Conditions

 

Skilled worker visa holders have to comply with certain conditions, including ensuring their status is not left to expire, and to take certain steps if they change employer, lose their job or want to take on additional work.

 

1. 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 to remain.

There is no limit on the number of times the Skilled Worker visa can be extended, provided the worker continues to meet the visa requirements.

 

2. Changing Jobs or Employer as a Skilled Worker

 

If the visa holder changes sponsor or jobs, they will need to apply for a new period of leave by making an application for a new Skilled Worker visa on the basis of their new Certificate of Sponsorship.

 

3. Taking on Additional Work with a Skilled Worker Visa

 

There are specific rules governing whether someone with a Skilled Worker visa can take on a second job or earn supplementary income in addition to their sponsored role.

Skilled worker visa holders are permitted to take on additional work (including voluntary work) provided they are still employed by their original sponsor and continue to undertake their main sponsored role and that certain conditions are met. If the Skilled Worker is a GP trainee and has been granted permission up to 4 months after the end date listed on their CoS, they are allowed to undertake supplementary work during this period, even if they are no longer employed by their original sponsor. In all other situations, however, the worker must continue working for their sponsor to be eligible for supplementary work.

The additional role can only be for up to 20 hours a week, and only for working hours outside those covered by the CoS. The additional job can also only be in an occupation listed in Tables 1, 2 or 3 of Appendix Skilled Occupations.

If these conditions are met, the worker does not need to inform the Home Office of this additional employment. However, where these conditions are not met, the worker must notify the Home Office to request for their visa be updated to include sponsorship for both of the jobs. To do this, the worker will need a Certificate of Sponsorship from their second employer and an accompanying letter requesting to vary the terms of the current visa.

 

4. Losing Your Sponsored Job

 

If you’ve lost your job as a Skilled Worker visa, you have a 60-day grace period during which you can remain in the UK and seek new employment. If during this time you find a new job with a UK employer who holds a valid sponsorship licence, you should obtain a new CoS and apply for a new Skilled Worker Visa application using the new CoS.

If finding a new sponsor proves difficult, you may consider switching to another visa type, such as a Family Visa, if eligible. It is important to comply with all visa conditions during this period and seek professional advice if needed.

Failure to secure new employment or switch visas within the grace period means you must leave the UK to avoid overstaying.

 

Section F: Skilled Worker Visa Requirements for Employers

 

If you are planning to hire a non-UK resident under the UK’s points-based system, you may need to apply to the Home Office for a sponsorship licence. This is the permission needed for UK employers to sponsor overseas nationals for a visa to work in the UK in a specific role in an eligible skilled occupation.

Employers do not need to have a licence to hire someone with an existing right to work in the UK that allows them to do the job in question, such as those with valid settled status under the EU settlement scheme, those holding indefinite leave to remain or anyone with British citizenship.

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 that it is suitable to sponsor skilled migrant workers. In assessing suitability, UK Visas and Immigration (UKVI) will consider if:

a. The organisation can offer genuine employment in the UK that meets the required skills threshold of RQF3 or above, and pays the relevant minimum salary threshold.

b. The organisation is capable of meeting the sponsorship duties, where they have in place 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 of a licensed sponsor.

c. 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.

 

Read our comprehensive guide to Applying for a Sponsor Licence here >>

 

Section G: Switching to the Skilled Worker visa

 

It is possible in many circumstances to apply to apply from within the UK’ switch into’ the Skilled Worker route, provided certain conditions are met. The rules will largely depend on the type of visa the individual is looking to switch from.

Student visa holders, for example, must generally have completed their studies before they can switch to a Skilled Worker visa unless the job starts after the course has been completed or they have been studying on a PhD course for at least 24 months.

Switchers must still meet all of the Skilled Worker eligibility requirements.

It is not possible to switch into the Skilled Worker category if an individual is currently in the UK with status under any of the following:

 

a. visit visa
b. short-term student visa
c. parent of a Child Student visa
d. seasonal worker visa
e. domestic worker in a private household visa
f. permission to stay outside the immigration rules
g. immigration bail

 

You can read our full guide to Switching to the Skilled Worker visa here >>

 

Section H: Skilled Worker Dependants

 

If you hold a Skilled Worker Visa, you may be able to bring your family members to the UK. Family members, or dependents, include your spouse or partner and your children. The UK government has set out specific requirements and processes to ensure that dependents can join you while you work and live in the UK.

Your dependents can include your husband, wife, civil partner, or unmarried partner. Unmarried partners must have been living together in a relationship akin to marriage for at least two years prior to the application. Your children can apply as dependents if they are under 18 years old at the time of application. Children over 18 may be eligible if they are currently in the UK as your dependent and are not married, in a civil partnership, or living an independent life.

You must demonstrate that you have sufficient funds to support your dependents while they are in the UK. This is in addition to the maintenance funds required for your own visa application. For a spouse or partner, you need to show that you have an additional £285. For your first child, an additional £315 is required. For each subsequent child, you need to show an additional £200 per child.

 

Read our full guidance for Skilled Worker Visa Dependants here >> 

 

Section I: Skilled Worker Visa to ILR

 

Securing Indefinite Leave to Remain (ILR) is a significant step towards obtaining permanent residency in the UK. It grants you the right to live, work, and study in the UK without any time restrictions and is a key milestone on the path to British citizenship.

To apply for ILR, Skilled Worker Visa holders must meet several requirements. You must have lived in the UK continuously for at least five years. During this period, you cannot have spent more than 180 days outside the UK in any 12-month period. You must hold a valid Skilled Worker Visa at the time of your ILR application.

You must have ongoing employment with a UK employer who holds a valid sponsorship licence. Your job must still meet the skill level and salary requirements, typically earning at least £25,600 per year or the ‘going rate’ for your occupation, whichever is higher. You need to demonstrate proficiency in English by passing an approved English language test at B1 level or higher, unless you are exempt (for example, if you are a national of a majority English-speaking country or hold a degree taught in English).

You must pass the ‘Life in the UK Test,’ which assesses your knowledge of British customs, traditions, and history. Additionally, you must provide evidence of financial stability, although this requirement is generally less stringent than during the initial visa application.

 

See our complete guide to applying for ILR from a Skilled Worker visa here >> 

 

Section J: Need Assistance?

 

For skilled workers and their sponsors, with so much at stake, it is important to seek legal advice to understand the immigration options available and that the Skilled Worker visa is the most appropriate route. The UK immigration system has been subject to significant reforms in recent years, with many varied work visa options now available to different types of workers in different roles and industries. This makes it critical to ensure the Skilled Worker is the best route in the circumstances.

As specialist UK immigration lawyers, we bring substantial experience and recognised expertise in advising employers and workers on UK employment sponsorship and Skilled Worker visa applications. For expert guidance with any aspect of the Skilled Worker visa, from how to sponsor a skilled worker and apply for a sponsor licence, to how to apply to the Home Office for a Skilled Worker visa once you have secured qualifying UK employment, contact us.

 

Section K: Skilled Worker Visa FAQs

 

What is the UK Skilled Worker Visa?

The UK Skilled Worker Visa allows individuals with a job offer from an approved UK employer to live and work in the UK. The visa is part of the UK’s points-based immigration system.

 

Who is eligible for the Skilled Worker Visa?

To be eligible, you must have a job offer from a UK employer that holds a valid sponsorship license. You must also meet the minimum skill level, salary, and English language requirements.

 

How do I apply for the Skilled Worker Visa?

You can apply online by filling out the application form, providing the required documents, and paying the necessary fees. You will also need to attend a biometric appointment.

 

What documents are required for the application?

Key documents include your passport, certificate of sponsorship from your employer, proof of English proficiency, proof of financial means, and any relevant qualifications.

 

How long does it take to process the visa?

The processing time typically ranges from three to eight weeks, depending on your location and the complexity of your application.

 

How much does the Skilled Worker Visa cost?

The cost varies depending on your situation. It includes the visa application fee, healthcare surcharge, and possibly additional costs for dependents and expedited processing.

 

What is a Certificate of Sponsorship (CoS)?

A CoS is an electronic document issued by your UK employer that confirms your job offer and is required for your visa application. It includes details about the job and salary.

 

What are the English language requirements?

You must demonstrate proficiency in English by passing an approved English language test at the required level or by holding a degree taught in English.

 

Can I bring my family members with me?

You can bring your spouse/partner and children under 18 as dependents, provided they apply for dependent visas and meet the financial requirements.

 

Can I switch to a Skilled Worker Visa from another visa?

You may be able to switch to a Skilled Worker Visa from certain visa categories if you meet the eligibility criteria.

 

How long can I stay in the UK with this visa?

The visa is typically granted for up to five years. You can apply to extend it or switch to another visa before it expires.

 

Can I apply for permanent residency?

After five years on a Skilled Worker Visa, you may be eligible to apply for Indefinite Leave to Remain (ILR), provided you meet the residency and other requirements.

 

What happens if I lose my job?

If you lose your job, you must find another employer who can sponsor you or switch to another visa category. You have a grace period of 60 days to do so.

 

What are the common reasons for visa refusal?

Common reasons include not meeting the eligibility criteria, insufficient documentation, failing the English language requirement, and not having a valid Certificate of Sponsorship.

 

Who is classed as a skilled worker?

A skilled worker is someone who will be working in a job role in the UK that is deemed to have a skill level of RQF3 or above, (equivalent to A level), as set out under Appendix Skilled Occupations to the Immigration Rules.

 

Is Tier 2 the same as the skilled worker visa?

The Skilled Worker visa replaced the Tier 2 (General) visa, which is broadly similar to the old visa, although there are some changes aimed at making the process more straightforward for both sponsors and applicants.

 

Do EU nationals need a visa to work in the UK?

Except for Irish citizens, all EU nationals coming to work in the UK after 1 January 2021 need permission to work, which could be either valid status under the EU Settlement Scheme or a valid visa.

 

 

Section L: Glossary

 

Term Definition
Skilled Worker Visa A visa category allowing individuals with a job offer from a UK employer to live and work in the UK.
Certificate of Sponsorship (CoS) An electronic document issued by a UK employer that confirms a job offer and is required for the visa application.
Points-Based System The UK’s immigration system that assigns points for certain criteria like job offer, salary, and English proficiency.
Indefinite Leave to Remain (ILR) Permanent residency status that allows individuals to live and work in the UK indefinitely.
Sponsor A UK employer that holds a valid sponsorship license to employ workers from outside the UK.
Maintenance Funds Financial proof required to show that an applicant can support themselves and their dependents in the UK.
Biometric Appointment An appointment where applicants provide their fingerprints and photo as part of the visa application process.
Health and Care Visa A visa route for eligible health professionals to work in the UK, part of the Skilled Worker Visa category.
English Language Requirement The need for visa applicants to prove their English proficiency through approved tests or qualifications.
Job Offer Employment provided by a UK employer which meets the criteria for the Skilled Worker Visa.
Immigration Health Surcharge (IHS) A fee paid by visa applicants to access the UK’s National Health Service (NHS) during their stay.
Switching Visas The process of changing from one visa category to another while remaining in the UK.
Visa Extension Applying to extend the duration of an existing visa before it expires.
Dependents Family members such as spouse/partner and children under 18 who can apply to join the main visa holder in the UK.
Sponsorship License Authorization that a UK employer needs to employ foreign workers, ensuring they meet UKVI requirements.
Settlement The process of obtaining Indefinite Leave to Remain (ILR) after meeting the necessary criteria and residency requirements.
Salary Threshold The minimum salary required for a job to be eligible for the Skilled Worker Visa, usually £25,600 or the ‘going rate’.
Home Office The UK government department responsible for immigration, security, and law and order.
Visa Processing Time The period it takes for the Home Office to process a visa application, typically between three to eight weeks.
Right to Work The legal authorization for a visa holder to be employed in the UK under the conditions of their visa.

 

Section M: Additional Resources

 

UK Government Official Skilled Worker Visa Page
https://www.gov.uk/skilled-worker-visa

 

UK Visa and Immigration (UKVI) Guidance
https://www.gov.uk/government/organisations/uk-visas-and-immigration

 

Points-Based Immigration System: Further Details Statement
https://www.gov.uk/government/publications/uk-points-based-immigration-system-further-details-statement

 

Visa Processing Times
https://www.gov.uk/visa-processing-times

 

Approved English Language Tests and Providers
https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt

 

Financial Requirements for UK Visas
https://www.gov.uk/skilled-worker-visa/financial-evidence

 

Register of Licensed Sponsors: Workers
https://www.gov.uk/government/publications/register-of-licensed-sponsors-workers

 

Guidance for Sponsors
https://www.gov.uk/government/publications/sponsor-a-skilled-worker

 

Apply for a Skilled Worker Visa
https://www.gov.uk/skilled-worker-visa/apply

 

Immigration Health Surcharge (IHS) Information
https://www.gov.uk/healthcare-immigration-application

 

 

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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