The British government is implementing fundamental reforms in its immigration system, especially concerning sponsorship of workers from outside the UK, EU included. The biggest revision is replacing the Tier 2 (General) visa with the Skilled Worker Route effective from the 1st of December 2020. With this update, it is set to make it even easier and more convenient for skilled workers to migrate to the UK. Here are some of the main changes to the Skilled Worker Visa and how they affect employers and employees.
So What is a Skilled Worker Visa?
Skilled Worker Visa – A skilled workers visa will take the place of a Tier 2 (General) visa that allows companies to sponsor skilled workers in the United States. It will be clear to employers and workers that the new system will have eligibility, suitability, and wage caps — and that’s what we’re going to do about it.
1. Who is a Valid Skilled Worker Visa Candidate?
With the Skilled Worker Route, you can change from one visa category to another and remain in the UK while working as a Skilled Worker (except for visitors, students temporarily, and seasonal workers). For instance, if you are in the UK currently on a Tier 5 Youth Mobility visa, you can apply for the Skilled Worker visa now without leaving the country.
2. Eligibility Requirements
A minimum of 70 points is needed to be eligible for the Skilled Worker Visa. These points are given based on:
- Work Offer (20 points) – You need a job offer from a UK employer licensed to sponsor staff.
- Pay (20 points) – The job should have an annual salary of at least £23,040-2,599 or above. If the salary is less but no less than £20,480 you may still qualify by “exchanging points” on certain other conditions (PhD or shortage job etc).
- English Language (10 points) – You must demonstrate your command of English at the minimum level either with a major in English, by passing an English language exam, or by other means.
- Shortage Occupation List (20 points, exchangeable) – You can earn more points even if you don’t make enough to reach the minimum salary if your role is on the UK’s Shortage Occupation List.
- If you have a PhD in your field, get extra points:
- 10 points for a PhD, in any discipline.
- 20 points for a PhD in a STEM area (Science, Technology, Engineering, Mathematics).
3. Salary Requirements
It’s the pay you get that is a key factor in your application:
- £13,040 or more: You get 10 points.
- £25’600 and above: You get 20 points.
- Even if you make £20,480-23,040, you can still qualify if you meet other criteria such as a shortage job or a PhD.
4. Financial Requirements
Apply if you have £1,270 in the bank for 28 days unless your employer says that they will sponsor you (see Certificate of Sponsorship). If you have been living in the UK for more than 12 months, this is exempt.
5. Job in a Shortage Occupation
There is a Shortage Occupation list from the UK government: those jobs that demand and which have fewer workers in the UK. If you work for one of these positions, then you’re eligible for the visa, even if your income is less than the norm.
6. Duration of Validity and No Limit
You can stay for as long as you wish on the Skilled Worker Visa provided you are not in breach of the law. This new Tier 2 (General) visa has no maximum stay in the UK and the cooling-off period has been abolished.
7. New Entrants
New workers coming into the UK via the Skilled Worker route will not need a minimum salary (70 percent of the market rate for their job code or at least £20,480). This is to aid new professionals and recent graduates who aren’t always offered an upper-level pay scale at the beginning.
8. Intra-Company Transfers (ICT)
Now employees arriving in the UK under the Intra-Company Transfer (ICT) visa route can change to the Skilled Worker route if they qualify. ICT employees can stay up to five years (nine if high earners earn more than £73,900).
These are welcome reforms made by the UK government to immigration policy, particularly to the Tier 2 (General) visa replaced with the Skilled Worker Route. They are easier, more nimble, and more available to a broader spectrum of competent personnel. They also make it easier for businesses to attract high-caliber workers from all over the world to fill their requirements.
Whether you are interested in the Skilled Worker Visa or need to get started on the process, Law and Visas can help. We’ve got immigration specialists to support you from start to finish so that your application is successful. Contact Law and Visas to get legal guidance today!
