The UK immigration system is undergoing important changes, with the Skilled Worker Route set to replace the existing Tier 2 (General) Visa. The aim to simplify the process for migrants, including EU citizens, who wish to work in the UK. In this blog, we’ll break down the key changes to the Skilled Worker Visa and what you need to know to apply.
1. What is the Skilled Worker Route?
The Skilled Worker Visa will replace the Tier 2 (General) visa and is designed to make it easier for foreign nationals to work in the UK. This visa will allow applicants to switch into the Skilled Worker route from other types of visas, except for a few specific categories, such as:
- Visitor visa holders
- Short-term students
- Parents of child students
- Domestic workers in private households
- Seasonal workers
- Those outside the Immigration Rules
This change will be beneficial for migrants already in the UK on temporary visas, such as Tier 5 Youth Mobility Visa holders, who can now switch to the Skilled Worker Visa without restrictions.
2. Suitability Criteria
To apply for the Skilled Worker Visa, applicants must meet specific requirements, including having no serious criminal record or immigration violations during their stay in the UK. These rules are outlined under Part 9 of the Immigration Rules.
3. Eligibility Criteria for the Skilled Worker Visa
Applicants need to score a minimum of 70 points to qualify for the Skilled Worker Visa. Points are awarded based on several factors:
- Job Offer (20 Points): You must have a confirmed job offer from an employer who holds a Home Office license to sponsor workers.
- Salary (20 Points): Your job offer must meet the minimum salary requirement, which is between £23,040 and £25,599. Higher salaries can earn you more points. If the salary is lower than £23,040 but not less than £20,480, you can still be eligible if you have a job in a shortage occupation or a relevant Ph.D. (in STEM subjects).
- English Language Requirement (10 Points): You must show proof of your English proficiency. This can be through an English-language test, a degree taught in English, or relevant school qualifications (e.g., GCSE or A-Levels). Citizens from countries like the USA, Canada, and Australia are automatically exempt from this requirement.
Shortage Occupation List (20 Points): If your job is on the Shortage Occupation List, you can earn 20 points, even if your salary is below the usual requirement.
Qualifications: You can also trade points with higher education qualifications, especially if you have a Ph.D. that’s relevant to your job (10 points) or a STEM Ph.D. (20 points).
4. Financial Requirements
To apply, you must show that you have £1,270 in savings for 28 days, unless your sponsor has confirmed this on your Certificate of Sponsorship. However, if you have already been in the UK for 12 months or more, you don’t need to meet this requirement.
5. Period of Stay Under the Skilled Worker Visa
The Skilled Worker Visa has no cap on the length of time you can stay in the UK. Unlike the previous Tier 2 (General) Visa, which had a limit of six years, the Skilled Worker Visa allows you to stay as long as you continue to meet the eligibility criteria. The cooling-off period (which previously required workers to leave the UK after six years) has also been removed.
6. New Entrants to the Skilled Worker Route
New entrants, such as recent graduates, will have lower salary requirements. They will need to earn at least 70% of the going rate for their job (or a minimum of £20,480), which is more accessible than the standard salary threshold.
7. Intra-Company Transfer (ICT) Visa Changes
Under the new rules, workers on the ICT Visa will be allowed to switch to the Skilled Worker Visa if they meet the eligibility requirements. ICT workers who earn £73,900 or more can stay in the UK for up to nine years (reduced from the previous six-year limit). However, ICT visas do not lead to settlement, though workers may switch to the Skilled Worker route, which provides a path to permanent residency.
8. What Does This Mean for Employers and Workers?
For employers, the changes offer more flexibility to sponsor workers for a wider range of roles, and they can now sponsor workers from both EU and non-EU countries. Meanwhile, for workers, the new Skilled Worker Visa presents more straightforward requirements and provides a clearer path to long-term employment in the UK.
A Simpler System for Skilled Workers
The changes to the UK immigration system, particularly the Skilled Worker Visa, are a step in the right direction. By removing some of the more restrictive rules and expanding the range of jobs eligible for sponsorship, the government is making it easier for skilled workers to come to the UK and contribute to the economy.
If you need help navigating the new Skilled Worker Visa requirements or want to check your eligibility, Law and Visas can guide you through the process. Our experienced immigration lawyers can ensure your application is completed smoothly and successfully.
