What Is A Skilled Worker Visa:
The Skilled Worker visa is a permit that enables individuals from outside the European Union, Switzerland, Norway, Iceland, or Liechtenstein to work in the United Kingdom. This type of visa replaces the former Tier 2 (General) work visa and provides a pathway for eligible applicants to legally reside and work in the UK. The Skilled Worker visa is designed for individuals who have a job offer from an approved sponsor/employer in the UK, and who have the necessary skills, qualifications, and experience to perform the role.
The requirements for obtaining a Skilled Worker visa are stringent, and applicants must meet a range of criteria set out by the UK government. This includes having a valid job offer from an approved sponsor/employer, being able to demonstrate the necessary skills and qualifications for the role, and passing a relevant English language proficiency test. The employer must also be able to show that they have carried out a Resident Labour Market Test and that there are no suitable candidates from within the UK or the EU available for the role.
The Skilled Worker visa allows individuals to live and work in the UK for a period of up to five years, with the possibility of extension for a further five years. During this time, visa holders are free to live and work in the UK, and are entitled to the same rights and benefits as British citizens. However, it is important to note that the Skilled Worker visa is tied to a specific employer and role, and if the visa holder changes employers or moves to a new role, they may need to apply for a new visa.
For those individuals who are citizens of the European Union, Switzerland, Norway, Iceland, or Liechtenstein and who have started living in the UK before January 1st, 2021, the EU Settlement Scheme provides an alternative route to work in the UK. This scheme allows eligible individuals to apply for settled or pre-settled status, which gives them the right to live and work in the UK without the need for a visa. Irish citizens do not need to apply for the EU Settlement Scheme or a visa, as they have the right to live and work in the UK under the Common Travel Area arrangements.
In conclusion, the Skilled Worker visa provides a valuable pathway for individuals from outside the EU, Switzerland, Norway, Iceland, or Liechtenstein to live and work in the UK. It allows applicants to pursue opportunities in the UK, while providing employers with access to a talented and diverse pool of workers. Whether you are an individual seeking a new career opportunity or an employer looking to hire skilled workers, it is important to understand the requirements and processes involved in obtaining a Skilled Worker visa.
Skilled Worker Visa Requirments:
To be considered for a Skilled Worker Visa in the United Kingdom, an individual must fulfill a set of requirements that have been established by the government. The primary eligibility criterion is that the applicant must secure sponsorship from a UK-based employer, as the visa is intended for individuals seeking to work in the UK.
In addition to having a valid sponsorship, the individual must also meet the following eligibility criteria:
- Age: The applicant must be 18 years of age or older.
- Certificate of Sponsorship: A valid Certificate of Sponsorship (CoS) is required, which must correspond to the job the applicant is seeking to undertake.
- Genuine Vacancy: The job must be a genuine vacancy and must not have been created solely to support the visa application.
- Appropriate Job Level: The role must be at an appropriate level and commensurate with the applicant’s skills and experience.
- Salary: The applicant must be offered a salary that is equal to or exceeds the general salary threshold and the “going rate” for the occupation in question.
- Immigration Skills Charge: The employer must have paid the required Immigration Skills Charge.
- English Language Proficiency: The applicant must be able to demonstrate their English language proficiency, with a minimum of B1 level on the Common European Framework of Reference for Languages (CEFR).
- Financial Sustainability: The applicant must be able to financially sustain themselves and their family without relying on public funds.
- Criminal Record Certificate: The applicant must provide a criminal record certificate.
- Tuberculosis (TB) Certificate: If necessary, the applicant must provide a valid TB certificate.
Meeting these criteria and having a valid sponsorship is essential for an individual to qualify for a Skilled Worker Visa in the United Kingdom. The visa allows them to live and work in the UK for a specified period, subject to the terms and conditions of the visa.
Job Eligibility:
To be considered eligible for a Skilled Worker Visa, applicants must have received a job offer from a UK-based employer that meets all the following requirements:
- Occupation Eligibility: The job must be eligible for the visa under the Skilled Worker route, with a role that is skilled to a minimum level of RQF 3 (which is roughly equivalent to A-level qualifications).
- Minimum Salary: The applicant must be paid the minimum salary or the “going rate” for the type of work they will be doing. The minimum salary requirement is set at £25,600 per year.
- Employer Approval: The employer must have been approved by the Home Office and hold a valid Certificate of Sponsorship.
- Occupation Code: The applicant must hold an occupation code, which they can request from their employer if they have already received a job offer.
- Genuine Vacancy: The applicant must be able to prove that they are being sponsored by the employer to undertake a genuine vacancy. If the Home Office determines that the job was created solely for the purpose of applying for the Skilled Worker visa or is a sham, the application will be declined.
In addition to these requirements, applicants must also be able to demonstrate English proficiency at a minimum of CEFR Level B1 and be financially self-sufficient without relying on public funds. They may also need to provide a criminal record certificate and a valid TB certificate (if required).
English Language Requirment:
To be eligible for a Skilled Worker Visa, you must be able to demonstrate proficiency in the English language. The proficiency level required by the UK Home Office is B1 (Intermediate), which is considered to be the minimum level required to work and live effectively in the UK. There are several ways to demonstrate your proficiency:
- Nationality from a Majority English-Speaking Country: If you are a national of a country where English is the main language, such as the United States, Australia, or New Zealand, you can use your nationality to demonstrate your proficiency in the language.
- Secure English Language Test (SELT): If you are not from a majority English-speaking country, you must take a Secure English Language Test (SELT) to demonstrate your proficiency in the language. This test is approved by the UK Home Office and is taken at an approved test center.
- English GCSE/A-Level or Scottish Highers: If you completed your secondary education in the UK, you may be able to use your GCSE/A-Level or Scottish Highers results in English to demonstrate your proficiency.
- Degree Taught in English: If you have been awarded a degree from a university where the primary language of instruction was English, you can use this degree to demonstrate your proficiency in the language.
- Previous Application for Entry Clearance: If you have already met the English proficiency requirement as part of a previous application for entry clearance, you may be able to use this to demonstrate your proficiency in the language. However, it is important to note that the UK Home Office may request additional evidence of proficiency if they deem it necessary.
Financial Requirments:
Under the Skilled Worker Visa route, the general salary threshold is established at £25,600 per annum. This means that in order to be eligible for the visa, the applicant’s salary must equal or exceed this amount, taking into consideration the “going rate” for the relevant occupation – whichever is higher. The evaluation of the salary will be based on the guaranteed basic gross pay.
However, there are certain exceptions for individuals who may receive a lower salary but score additional “tradable points” for other attributes. These attributes include having a relevant PhD qualification in a STEM subject, being offered a job in a shortage occupation list, being a new entrant to the labor market, or working in a health or education occupation.
In addition to meeting the salary threshold, applicants must also fulfill the financial requirements, which include having access to cash funds of at least £1,270 to sustain themselves while residing in the UK. The funds must be held in their bank account for at least 28 consecutive days before the application is submitted.
Bringing Your Family With You:
As the holder of a Skilled Worker visa, your partner and children are eligible to accompany you to the UK as dependents, provided they meet the requirements. Eligible dependents include:
- Your spouse, civil partner, or common-law partner
- Your minor children under the age of 18
- Your adult children who are currently residing in the UK as dependents and are unmarried.
When submitting your visa application, it is essential to provide proof of your relationship with your dependents, such as marriage certificates or birth certificates. This will allow the Home Office to verify that the dependents are indeed part of your family and eligible to join you in the UK. The documentation provided must be original and translated into English, if applicable.
How Much does The Skilled Worker Visa Cost:
The Skilled Worker Visa application cost varies, with fees ranging from £625 to £1,423. Additionally, there are other expenses that must be considered when submitting your application. These expenses include the mandatory healthcare surcharge, which amounts to £624 per year. It is important to note that you must also demonstrate financial independence and have a minimum of £1,270 available in cash funds to support yourself when you arrive in the UK. However, you may be exempt from this requirement if you have been in the UK with a valid visa for at least 12 months or if your employer can cover your costs during your first month in the country.
It is worth noting that in many cases, the new UK-based employer sponsoring the visa will bear the costs associated with the visa application. Hence, it is crucial to have open and transparent communication with your employer regarding the expenses related to your visa application in advance.
What To Do If Your Visa Is Refused:
If your Skilled Worker Visa application is denied, there are various paths you can take, depending on your individual circumstances. One of the most frequent courses of action is to request an administrative review.
Refusal of a Skilled Worker Visa can occur during the following stages:
- The initial application
- A switch to the Skilled Worker Visa
- The renewal or extension of the visa
In the event that you receive a notice of rejection, you have a limited time frame to request an administrative review of the decision. The time frame is 28 days if you submitted the application outside the UK, and 14 days if you applied within the UK. Within 28 days of receiving your request, the Home Office (UKVI) will provide a response to your request.
Should you be unsatisfied with the outcome of the administrative review, you may be eligible to initiate a pre-action protocol for judicial review. In such instances, we recommend that you seek the assistance of an experienced immigration lawyer as soon as possible to understand and explore your available options. This includes submitting the administrative review request form, preparing the case grounds, and representing you until the matter is resolved.