Overview of the UK Skilled Worker Visa
The UK Skilled Worker visa allows eligible individuals to come to or remain in the UK to work in an eligible occupation for an employer approved by the Home Office. The route replaced the former Tier 2 (General) work visa.
Unlike routes that allow employment without sponsorship, the Skilled Worker route is based on a sponsored job. Applicants must normally have a genuine job offer from a Home Office-approved employer and a valid Certificate of Sponsorship (CoS) before applying.
The role, occupation code, salary, applicant’s qualifications and immigration history can all be relevant when assessing whether the requirements are met.
Who Can Apply for a UK Skilled Worker Visa?
The Skilled Worker route may be suitable for an overseas national who has been offered an eligible job with a UK employer that holds a valid sponsor licence.
The applicant must generally have:
- A job offer from an approved UK sponsor
- A valid Certificate of Sponsorship
- An eligible occupation
- The required salary
- The required level of English
- The relevant immigration permission where applying from inside the UK
- A genuine intention to undertake the sponsored role
The employer must also comply with its sponsorship duties. A job offer alone does not guarantee that an applicant will qualify for a Skilled Worker visa.
Certificate of Sponsorship
The Certificate of Sponsorship is a key part of the Skilled Worker application.
It is an electronic record issued by the sponsoring employer and contains information about the sponsored role, including the occupation, salary and employment details.
The information on the CoS should correspond with the actual role. Problems can arise where the duties described do not properly match the occupation code or where the salary and other details do not satisfy the Immigration Rules.
Employers and applicants should therefore review the sponsorship details carefully before the visa application is submitted.
Eligible Occupation
The job must fall within an occupation eligible for the Skilled Worker route.
The occupation code is important because it determines the relevant requirements for the role, including the applicable going rate where relevant.
The actual duties of the position should correspond to the occupation selected by the sponsor. Simply choosing an occupation code that appears suitable without considering the actual role can create problems.
We can advise on the immigration requirements associated with the proposed role and identify potential concerns before an application is made.
Salary Requirements
Skilled Worker applicants must normally meet the applicable salary requirements.
The required salary depends on factors including the occupation, the applicable going rate and whether a specific salary provision or permitted reduction applies.
Because salary thresholds and eligible occupation requirements can change, the position should be checked against the rules in force at the time of application rather than relying on an older application or previous threshold.
Certain applicants may qualify under different salary provisions where the Immigration Rules permit this.
English Language Requirement
Applicants must generally demonstrate the required level of English unless they meet an applicable exemption or can rely on an accepted form of previous evidence.
The requirements can differ depending on whether the applicant is making a new application, extending or updating existing permission, or switching from another immigration route. Current rules should therefore be checked before applying.
Applying from Outside the UK
Applicants applying from overseas must submit an online application and prove their identity using the method required for their circumstances.
This may involve using the UK Immigration: ID Check application or attending a visa application centre to provide biometric information.
Applicants will also need to provide the relevant supporting evidence and pay the applicable visa and immigration-related charges.
Switching to the Skilled Worker Route
Some people already living in the UK may be able to switch into the Skilled Worker route.
However, switching is not permitted from every immigration category, and additional requirements can apply depending on the applicant’s current status.
The timing of the application is important. Applicants should not begin working in a new sponsored role on the assumption that a future application will automatically be approved.
Dependants
Eligible Skilled Worker visa holders may be able to bring qualifying partners and children to the UK as dependants.
However, restrictions can apply depending on the occupation and circumstances of the main applicant. The dependant rules should therefore be assessed separately rather than assuming that every Skilled Worker can sponsor family members.
Changing Employer or Job
A Skilled Worker visa is connected to the sponsored employment.
If a visa holder changes employer or moves into a different occupation that requires an updated application, they may need to apply to update their immigration permission before starting the new role.
Changing employment without considering the sponsorship requirements can put immigration status at risk.
Settlement
Time spent in the UK on the Skilled Worker route can contribute towards eligibility for indefinite leave to remain where the relevant requirements are met.
The current settlement rules generally require five years of qualifying residence for applicants relying on the Skilled Worker or specified work routes, together with other requirements including continuous residence.
Settlement should be considered as part of a longer-term immigration plan where appropriate.
How We Can Help
SWM Solicitors can advise both workers and employers on Skilled Worker immigration matters.
We can assist with:
- Assessing Skilled Worker eligibility
- Reviewing job offers
- Considering occupation requirements
- Reviewing Certificates of Sponsorship
- Advising on salary requirements
- Reviewing English language evidence
- Preparing visa applications
- Advising on switching routes
- Advising on extensions and updates
- Advising on dependant applications
- Identifying issues that may affect settlement