The Skilled Worker Visa is a key immigration route for non-UK nationals seeking employment in the UK. It was introduced to attract skilled workers to fill gaps in the labor market and replace the previous Tier 2 (General) visa. This visa allows employers to sponsor overseas workers for eligible roles, facilitating a points-based system where applicants must accumulate at least 70 points through various criteria, such as job offer, skill level, and salary.
Key changes from the Tier 2 visa include an updated points-based assessment, increased salary thresholds, and a broader scope of eligible occupations. The Skilled Worker Visa also allows dependents to join the primary visa holder in the UK.
Eligibility Criteria for the Skilled Worker Visa
To qualify for the Skilled Worker Visa, applicants must meet several criteria:
- Types of Jobs: The job must be on an approved list of eligible occupations and meet a minimum skill level of RQF Level 3 or equivalent (A-Level or equivalent qualification).
- Minimum Salary Requirements: The general salary threshold is £38,700 per year, or the “going rate” for the specific job role, whichever is higher. There are exceptions for new entrants and healthcare workers, where lower thresholds may apply.
- English Language Requirements: Applicants must demonstrate proficiency in English, typically by passing an approved language test.
- Sponsorship Requirement: A valid Certificate of Sponsorship (CoS) from an approved UK employer is mandatory.
- Financial Support: Applicants may need to show proof of financial support unless they have been residing in the UK for at least 12 months.
How to Apply for the Skilled Worker Visa
The application process involves several steps:
- Find a Sponsor: Secure a job offer from an employer with a valid sponsorship license.
- Gather Documents: Collect necessary documents such as the job offer letter, CoS, proof of English proficiency, and financial evidence if required.
- Application Fees: Pay the application fee (varies based on circumstances), healthcare surcharge, and biometric fees.
- Online Application: Complete the application online through the UK government’s official website.
- Biometric Information: Provide biometric information (fingerprints and photos) as part of the application process.
Visa Duration and Extension
The Skilled Worker Visa is typically granted for an initial period of up to five years. After this period, holders can apply for an extension or Indefinite Leave to Remain (ILR) if they continue to meet eligibility criteria. Extensions can be applied for without limit as long as the applicant remains employed in a qualifying role with an approved sponsor.
Salary and Employment Conditions
The minimum salary threshold is set at £38,700; however, exceptions exist for certain roles and new entrants where lower thresholds apply (e.g., £30,960). The visa also allows flexibility in employment; holders can switch jobs or employers under specific conditions without needing to reapply if staying within similar roles. Employers are required to adhere strictly to salary regulations and cannot pay below minimum wage standards established by UK law.
Benefits of the Skilled Worker Visa
The Skilled Worker Visa offers numerous advantages for non-UK nationals seeking employment in the UK:
- Right to Work: Holders have the right to work for their sponsoring employer and related employers in specified roles, providing significant employment flexibility.
- Dependents: Visa holders can bring dependents, including spouses and children under 18, to the UK. Dependents are eligible to apply for their own visas and may also qualify for Indefinite Leave to Remain (ILR) after meeting certain criteria.
- Public Funds Access: While generally restricted, some dependents may have access to public funds under specific circumstances.
- Pathway to Permanent Residency: After five years of continuous residence in the UK on this visa, holders can apply for ILR, allowing them to live and work in the UK without sponsorship.
Dependents on the Skilled Worker Visa
Dependents eligible for the Skilled Worker Visa include:
- Spouses: Partners legally married or in a civil partnership with the visa holder.
- Children: Dependent children under 18 years old.
What Dependents Can and Can’t Do
Dependents can:
- Work without restrictions.
- Study freely in the UK.
However, they cannot:
- Access most public funds or benefits.
Application Process for Dependents
Dependents apply for their visas or separately as part of the main applicant’s application. They must provide proof of their relationship to the main applicant and meet any additional requirements set by the Home Office.
What Documents Do You Need?
When applying for the Skilled Worker Visa, you’ll need to submit several documents, including:
- Current Passport: Valid for travel.
- Current UK Visa (if applicable).
- Proof of English Language: Evidence that you meet the English language requirement.
- Financial Evidence: You need to show you have £1,270 in your bank account, or your sponsor must confirm this for you on the certificate of sponsorship.
- Tuberculosis Test (if applicable).
All applications must be made online through the Home Office website. You’ll also need to pay the visa fee and the Immigration Health Surcharge, which gives you access to the National Health Service (NHS).
How to Switch from a Visitor Visa or Other Visas to the Skilled Worker Visa
Transitioning from a visitor visa or other visa types to a Skilled Worker Visa involves several considerations:
- Eligibility Check: Ensure that you meet all eligibility criteria for the Skilled Worker Visa, including having a valid job offer from a licensed employer.
- Application Timing: Apply before your current visa expires. Switching is not permitted if you are still on a visitor visa unless you leave the UK and apply from abroad.
- Documentation: Gather necessary documents like a Certificate of Sponsorship (CoS) and proof of English proficiency.
It’s essential to consult with immigration professionals if you’re unsure about your eligibility or the process.
Visa Refusals and Appeals Process
Common reasons for refusals include:
- Insufficient Documentation: Missing or incomplete documents can lead to application denial.
- Eligibility Issues: Not meeting salary thresholds or skill level requirements can result in refusal.
Steps After Refusal
If your application is refused, you can:
- Review the Decision: Understand why your application was denied.
- Appeal or Reapply: Depending on the refusal reason, you may appeal the decision or submit a new application with corrected information.
It is advisable to seek legal advice if considering an appeal.
Skilled Worker Visa and Settlement/Indefinite Leave to Remain (ILR)
To apply for ILR after five years on a Skilled Worker Visa, applicants must meet several requirements:
- Residence Period: Continuous residence in the UK for five years.
- Salary Thresholds: Maintain a minimum salary level as specified by current regulations.
- English Language Proficiency: Pass an approved English language test.
Obtaining ILR provides benefits such as job flexibility and access to public funds.
Impact of Brexit on the Skilled Worker Visa
Brexit has significantly altered immigration dynamics in the UK:
- End of Freedom of Movement: EU citizens no longer have automatic rights to live and work in the UK, making the Skilled Worker Visa essential for them.
- Differentiation Between Applicants: EU applicants now face similar requirements as non-EU applicants under the new points-based immigration system established post-Brexit.
Frequently Asked Questions (FAQs)
What happens if I lose my job while on a Skilled Worker Visa?
If you lose your job while on a Skilled Worker Visa, your employer is required to notify the Home Office within 10 working days. This notification can lead to visa curtailment, typically granting you a grace period of 60 days to either find a new sponsoring employer, switch to another visa category, or leave the UK. If you do not take action during this period, you risk becoming an overstayer, which can complicate future immigration applications and re-entry into the UK.
Can I apply for a Skilled Worker Visa if I am self-employed?
No, the Skilled Worker Visa is designed for individuals who have a job offer from an approved employer in the UK. Self-employment does not qualify under this visa category, as it requires sponsorship from a licensed employer who can provide a Certificate of Sponsorship (CoS).
Can I apply for the Skilled Worker Visa without a degree?
Yes, you can apply for the Skilled Worker Visa without a degree, provided you meet the minimum skill level requirement of RQF Level 3 or equivalent. This means that certain vocational qualifications or relevant work experience may suffice, depending on the specific job role.
Do I need to have previous work experience for the visa?
While previous work experience is not explicitly required for all roles under the Skilled Worker Visa, it can enhance your application and improve your chances of securing a job offer. Employers may prefer candidates with relevant experience in their field.
Can my dependents work or study while on this visa?
Yes, dependents of Skilled Worker Visa holders can work and study in the UK without restrictions. This flexibility allows them to pursue educational opportunities or employment while residing in the country.
Common Mistakes to Avoid When Applying for the Skilled Worker Visa
- Incomplete Documentation: Ensure all required documents are submitted and accurately completed to avoid delays or refusals.
- Incorrect Salary Information: Double-check that your salary meets the minimum threshold and is correctly stated in your application.
- Failing to Secure Sponsorship: Confirm that your employer is a licensed sponsor before applying.
To avoid pitfalls, start your application early and seek guidance from immigration professionals if needed.
How Long Does It Take to Get the Visa?
After you submit your application and complete the biometric process, it can take 3-8 weeks to get a decision:
- If you apply from inside the UK, it typically takes up to 8 weeks.
- If you apply from outside the UK, it usually takes up to 3 weeks.
Visa Processing Times and Delays
The average processing time for a Skilled Worker Visa is typically around 8 weeks, though this can vary based on individual circumstances. Factors influencing processing times include:
- Document verification.
- Errors or omissions in the application.
- Increased demand during peak periods.
If your application is delayed, contact UK Visas and Immigration (UKVI) for updates and consider consulting an immigration advisor for assistance.
Cost of the Skilled Worker Visa
The costs associated with applying for a Skilled Worker Visa include:
- Application Fee: Varies based on circumstances (e.g., length of stay).
- Healthcare Surcharge: Required for access to NHS services.
- Biometric Costs: Fees for providing biometric information.
For example, applicants may pay different fees based on their job type or salary level; those earning below certain thresholds may incur lower fees.
Costs of the Skilled Worker Visa
Here’s what you can expect to pay for your Skilled Worker Visa:
- Visa Application Fee: Between £464 and £1,408, depending on the job and the visa length.
- Immigration Health Surcharge: £624 per year for each adult applicant. This fee covers access to the NHS while you are in the UK.
When applying for a Skilled Worker Visa, remember key points such as securing sponsorship from an approved employer, meeting eligibility criteria, and understanding the costs involved. The visa not only facilitates employment opportunities in the UK but also contributes positively to the economy by attracting skilled talent.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the UK for work straightforward and successful. Whether you’re applying for a UK Skilled Worker Visa or an Immigrant Investor Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas and permits they need for international travel. Call us today at +234 812 5505 986 to learn how we can assist you.
