If you currently employ promising workers under the UK’s graduate visa route, their permission to work in the UK will be time-limited. Planning ahead in advance of the expiry of their period of leave will ensure that you know what immigration requirements will need to be met if you wish to retain them as employees by sponsoring them under the skilled worker route. This way, you can avoid immigration issues and help to ensure you don’t lose valuable and established talent from within your workforce.
The following guide for employers and HR personnel looks at the rules relating to switching from the graduate route to skilled worker visas, including the procedural and eligibility criteria for both employers and employees, and the cost to both parties of making the switch.
Switching from the graduate visa to skilled worker visa
The graduate route came into force in July 2021, providing international students with the opportunity to stay on and work in the UK for a period of at least 2 years, having successfully completed a qualifying course of study at bachelor’s degree level or above. As an unsponsored immigration route designed to retain high potential graduates from around the world — with the flexibility to work at any skill or salary level — many UK employers will already have taken advantage of this rich pool of international graduate talent.
Under the immigration rules, switching from the graduate route to skilled worker visas is possible from inside the UK by making an application to change immigration categories. However, applicants must meet the Skilled Worker visa eligibility requirements, including being sponsored by a Home Office approved employer. It’s therefore important for both the employer and employee to understand these requirements, and to make the necessary arrangements prior to expiry of the applicant’s existing grant of leave, not least because the graduate visa is non-extendable.
A graduate visa holder can switch from this route into the skilled worker category at any stage, albeit prior to expiry of their current visa and provided they meet the relevant requirements. The process for switching from the graduate route to skilled worker visas is essentially twofold, potentially involving applications by both the employer and employee.
Below we look at the sponsorship and visa process to switch routes.
Applying for a sponsor licence
Even though UK employers don’t need a sponsor licence to hire a graduate visa holder, they must have permission to sponsor a migrant under the skilled worker route. This means that if you’re not currently approved to recruit a foreign national to work in the UK in a specific job role within an eligible skilled occupation, you’ll need to apply for a relevant licence.
To apply for permission to sponsor skilled migrant workers you’ll need to register your details with UK Visas and Immigration (UKVI), complete an online application form and pay the relevant fee. You’ll need to appoint an authorising officer to manage your application, typically the most senior person in your business responsible for the recruitment of overseas nationals.
You’ll also need to nominate other key personnel within your application, including a key contact and level 1 user who will be responsible for managing the licence. The key contact will be the main point of contact with UKVI, whilst the level 1 user will be responsible for the day-to-day management of your licence using the Home Office sponsorship management system (SMS). You can appoint optional level 2 users once you’re granted a licence, although they’ll have fewer permissions than a level 1 user.
The key personnel roles can be filled by the same person or by different people, although they must be either paid members of staff or office holders. They must also be based working in the UK for most of the time, not be subject to any bankruptcy or debt relief restriction orders or undertakings, or have a history of non-compliance with sponsorship requirements.
Having completed the application form, you must print out the submission sheet, to be signed and dated by your authorising officer. You must email the signed submission sheet to UKVI, together with your supporting documents, within 5 working days. The processing times for sponsorship applications is around 8 weeks. Once you’ve received notification from UKVI, and assuming your application is successful, you’ll be able to assign Certificates of Sponsorship (CoS) to graduate visa holders to enable them to apply to switch into the skilled worker route.
Applying for a skilled worker visa
When applying to switch from a graduate visa to a skilled worker visa, an applicant will again need to complete an online application form and pay the relevant fee. The applicant will need to provide a passport or other travel document to establish their identity and nationality. They must also have a valid CoS issued by an approved UK sponsor no more than 3 months before the date of their application. This will provide them with a unique reference number which will allow them to apply for a sponsored work visa.
When applying from inside the UK, a visa decision will usually be made by UKVI within around 8 weeks. During this period, the applicant must not travel outside of either the UK, Ireland, the Channel Islands or Isle of Man until they’ve received their decision. If they do travel outside these areas, their application to switch visa categories will be treated as withdrawn.
Criteria to switch from the graduate route to skilled worker visa
There are strict criteria that must be met when applying for either a sponsorship licence or switching to a skilled worker visa. Below we look at the eligibility criteria for both:
Eligibility criteria for a sponsor licence
To be eligible to sponsor migrants under the skilled worker route, you must be able to show that you’re a genuine organisation operating lawfully in the UK, and that you’re suitable for sponsorship. In assessing your suitability, UKVI will consider if:
- you can offer genuine employment that meets the minimum skills and salary threshold under the skilled worker route
- you’re capable of carrying out your sponsorship duties, with adequate HR systems and practices in place, plus suitable key personnel to operate the SMS, to manage the sponsorship process and discharge your duties as a licensed sponsor
- you’re honest, dependable and reliable, where evidence of immigration violations or any relevant unspent criminal convictions relating to either your key personnel or those involved in the day-to-day running of your business could impact your application.
In support of your application, you must provide certain documentation to demonstrate that your business is genuine, and that you have a trading or operating presence within the UK, together with any additional documents as may be requested by UKVI. As part of its’ decision-making process, UKVI may also visit your place of business, either before or after a licence is granted, to make sure you’ll be able to meet your ongoing obligations as a UK sponsor.
Eligibility criteria for a skilled worker visa
To be eligible for a skilled worker visa, the applicant must be able to show that:
- they have a genuine offer of a job, evidenced by a valid CoS issued by a licensed sponsor
- that job is at the required skill level of RQF3 or equivalent and above within an eligible occupation code
- the job meets the relevant minimum salary threshold or the ‘going rate’ for the job, whichever is the higher
- they can speak English at level B1 (intermediate).
The requirements for a skilled worker visa are assessed using a points-based system, where the applicant must accrue a total of 70 points to be granted leave to remain under this route. The English language requirement will be automatically met on the basis that the applicant has an academic degree taught in English. Further, the 20 points awarded for minimum salary are potentially ‘tradeable’ where the job pays less than this requirement. In these cases, the applicant may trade specific characteristics, such as holding a PhD qualification or having a job offer in a shortage occupation, against a lower salary.
The applicant will also be required to meet a maintenance requirement if, at the time that they apply to switch into the skilled worker route, they’ve been in the UK for less than 12 months. This will require proof of funds of at least £1,270 held for a 28-day period although, as their UK sponsor, you can certify that you will maintain and accommodate the applicant for at least that sum for the first month of their employment in their new job role.
How much does it cost to switch from the graduate route to skilled worker visa?
There are various costs involved in any plans to switch from the graduate route to skilled worker visas, both for you as the employer and for each applicant.
If you don’t currently hold a valid licence to sponsor skilled migrant workers, the cost of applying for sponsorship will depend on the size or status of your organisation. You’ll be eligible to pay a lower fee of £536 if you’re classed as a small or charitable sponsor. For medium or large sponsors, the licence application fee is £1476. You’ll also be liable to pay an Immigration Skills Charge — set at £364 for the first 12 months and £182 for each additional 6 months as a small or charitable employer, or £1000 and £500 respectively for a medium or large employer — typically with a fee of £239 for each sponsorship certificate you assign.
For the applicant, the costs comprise the visa application fee, ranging from £719 to £1,500, depending on the length of visa and if their job is on the shortage occupation list. They may also have to pay an extra £19.20 to have their biometric information taken. Additionally, most applicants under this route will have to pay the Immigration Health Surcharge (IHS) to gain access to the UK’s National Health Service.
Need assistance?
We are specialist UK immigration lawyers, with substantial experience and recognised expertise in advising employers on the UK sponsorship rules and retaining international talent through the Skilled Worker visa. For specialist immigration advice for your organisation, contact us.
Graduate Visa to Skilled Worker Visa FAQs
What is the Graduate Visa to Skilled Worker Visa route?
It allows international graduates in the UK to switch from a Graduate Visa to a Skilled Worker Visa if they secure a job offer from a licensed sponsor.
Do I need a job offer to switch to a Skilled Worker Visa?
You must have a job offer from a UK employer with a valid sponsor licence. The role must meet the required skill level and salary threshold.
What is the minimum salary requirement for the Skilled Worker Visa?
The general salary threshold is £26,200 per year or £10.75 per hour. Exceptions apply for roles on the Immigration Salary List or for new entrants.
When should I apply to switch to a Skilled Worker Visa?
You must apply before your Graduate Visa expires to maintain lawful residence in the UK.
Can I switch to a Skilled Worker Visa from within the UK?
Switching is allowed from a Graduate Visa while you are still in the UK.
What documents do I need for the application?
You will need a valid Certificate of Sponsorship (CoS) from your employer, proof of salary, and other supporting documents such as your passport and visa details.
Can the Skilled Worker Visa lead to settlement in the UK?
The Skilled Worker Visa offers a route to settlement (Indefinite Leave to Remain) after five years, provided you meet the eligibility criteria.
Do I need to pay the Immigration Health Surcharge again?
The Immigration Health Surcharge (IHS) must be paid as part of the Skilled Worker Visa application.
What happens if my job offer does not meet the requirements?
If the role does not meet the salary or skill level criteria, your application is likely to be refused, so ensure your employer checks all requirements before issuing a CoS.
Can my dependants switch to the Skilled Worker route with me?
Dependants can switch with you, provided they meet the eligibility requirements and you include them in your 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
