What is the Skilled Worker Visa
The UK Skilled Worker Visa is for non-UK skilled workers who have a suitable offer of employment from a UK business that holds a valid Sponsor Licence.
The employer must provide a valid Certificate of Sponsorship and the employee can then apply for their Skilled Worker Visa.
From 01 January 2021 this visa replaced the previous Tier 2 General Visa.
A Skilled Worker Visa is granted for an initial period of up to five years, although more usually for three years. The visa can be extended but is only valid while you are working for the Sponsoring employer that issued the Certificate of Sponsorship.
This category of work visa can lead to Settlement, known as Indefinite Leave to Remain (ILR), after reaching a qualifying period of residency and meeting other requirements.
UK Skilled Worker Visa Application Requirements
Your employer must have issued you with a Certificate of Sponsorship (CoS) and you must submit an application using the CoS within 3 months of it being assigned to you. The employer must ensure that the role you are being sponsored for and the salary you will be paid meet Home Office requirements.
For new applicants the salary will usually be not less than £41,700 per year, based on 37.5 paid hours of work per week. Lower rates of pay are available for certain jobs or for new entrants to the labour market (for example, switching from a Student Visa or a Graduate Visa or being under the age of 26), although the new entrant rate would often limit the initial period of sponsorship (no more than four years of permission when combining a Graduate Visa with a Skilled Worker Visa if using the lower New Entrant rate of pay).
For those already in the UK that are extending an existing Skilled Worker Visa or moving from a current employer to a new Sponsor, there can be different salary requirements, depending on when they got their first Skilled Worker Visa.
You will need to evidence your English language ability, either by your Nationality, having a degree taught in English or passing a suitable English language test to Level B2 for new applicants. If you already have a Skilled Worker Visa then you do not need to evidence your English language ability again when you extend your visa or move to a different Sponsor.
In many countries you and any dependants will need to take a TB (tuberculosis) Test.
You will also need to show that you have sufficient funds available to support yourself and any Dependants (the Maintenance Requirement). This requirement can be certified by your employer.
Certain occupations will have additional requirements, such as a criminal record certificate (usually for healthcare roles, education, etc).
Most applicants will have to pay the Immigration Health Surcharge, although there are some exemptions.
You can only use your Certificate of Sponsorship once. If you make a mistake with your application then you cannot apply again with the same CoS and you will have to ask your employer to obtain and assign a new CoS for you.
UK Skilled Worker Visa Conditions
You can:
work for your sponsor in the job described in your certificate of sponsorship
do a second job in certain circumstances (up to 20 hours per week outside your sponsored hours of work without needing to notify the Home Office)
do voluntary work
study as long as it does not interfere with the job you’re sponsored for
travel abroad and return to the UK
bring family members with you (some specific categories and roles do not permit dependants)
You cannot:
own more than 10% of your sponsor’s shares (unless you earn more than £159,600 a year)
get public funds
apply for a second job until you’ve started working for your sponsor
Do I Have To Apply From Outside The UK?
You can usually apply from within the UK if you are here with a visa that was granted for more than six months. There are exceptions to this and you cannot switch within the UK from a visitor visa status. If you hold a Tier 4 Student Visa then you should ideally have successfully completed your studies or be within 3 months of completing your course.
Skilled Worker Visa Application Process
Once you have a valid Certificate of Sponsorship you can apply for your Skilled Worker Visa.
You will need to complete an online form and confirm your identity. For some nationalities and for those applying in the UK you will create a UKVI account or use an existing UKVI account and confirm your identity using an online app.
Some countries will still require you to attend an appointment to have your biometrics taken after submission of the online application and this can also be necessary within the UK if you are unable to submit biometrics using the app.
Once you have submitted the online application form you will be able to book a biometrics appointment if required and also upload supporting documents.
Once your visa has been approved you will be given an eVisa, which you will access through your UKVI online account. Your eVisa is connected to your UKVI account and thus your visa status is associated with the ID documents that you have added to your UKVI account.
Where we have taken an applicant through the application process we will provide full guidance with regard to the above and also some guidance to follow going forward so that you are fully prepared for future applications, with a clear plan to take you through ILR and on to British Citizenship.
Change of Employment on a Skilled Worker Visa
You will need a new Certificate of Sponsorship and then a new application will need to be submitted for a new Skilled Worker Visa if:
You move from your current employer to a new Sponsor.
Your job title changes to a job title that is in a different occupation code to the one for which your Skilled Worker Visa was granted.
Dependant Visas for Family Members of Skilled Worker Visa holders
Your immediate family members can usually join you in the UK by obtaining Dependant Visas, usually applied for at the same time as you apply for your Skilled Worker Visa. There are some exceptions to this.
Suitable family members would usually include your partner (husband, wife or unmarried partner) and children under 18 years of age at the time of application. You can only bring children to the UK if both parents are coming to the UK or are already in the UK OR if the parent bringing the child has sole custody awarded by a Court.
If your family members are already in the UK with you and you change employer then their existing Dependant Visas will remain valid to their existing expiry dates and so they do not have to apply for extensions if they have valid leave to remain on their visas. When they extend their visas then they will be granted to the same expiry date that you have.
Can family members with Dependant Visas work in the UK?
Yes, they can work for any employer in any capacity.
ILR for Skilled Worker Visa holders – Indefinite Leave to Remain
When you have completed 5 years working in the UK within the Skilled Worker Visa category you should be able to qualify for Indefinite Leave to Remain. This will require you to meet a Residence Requirement (usually no more than 180 days outside the UK during any continuous 12-month period during the 5-year qualifying period).
Indefinite Leave to Remain for family members of a Skilled Worker Visa holder
Your family members will also qualify once they have been in the UK for 5 years with you. If you qualify for ILR before your dependants then they can extend as PBS Dependants until such time as they reach the 5-year residency period required for Settlement.
If you have children that are born in the UK then they apply directly for Naturalisation as a British Citizen without having to obtain ILR first if at least one parent has ILR at the time of their application. This can save a significant amount of money.