The Skilled Worker visa is the main UK work visa for skilled overseas nationals. Whether you are an employer looking to hire a skilled worker from overseas or are an individual applying for a sponsored work visa, it will be important to understand the Skilled Worker visa eligibility and application requirements to avoid issues or delays with the Home Office application. A refused application will result in the loss of the application fee and the time spent making the application. The UK immigration system has been subject to significant reforms post-Brexit, with varied work visa options now available to different types of workers in various roles and industries. As specialist UK immigration lawyers, we bring substantial experience and recognised expertise in advising employers and workers on UK employment sponsorship and the Skilled Worker visa application. For specialist immigration advice, contact us. What is the Skilled Worker Visa The Skilled Worker visa allows employers to sponsor non-UK nationals to work in the UK in eligible, skilled roles. The visa is open to individuals who attain 70 points by meeting specific eligibility requirements such as skill and salary level, English language ability and having a qualifying job offer from a UK employer with a valid sponsorship licence. The Skilled Worker visa makes provision for spouses, ‘durable’ partners, unmarried partners and dependent children to apply to join the main visa applicant in the UK as Skilled Worker dependants. The UK grants the Skilled Worker visa for up to five years, after which, the worker should apply for UK Indefinite Leave to Remain. What are the Skilled Worker visa requirements? A new appendix “Skilled Worker Visa” sets out the rules and requirements here: Appendix Skilled Worker. Applicants will need to accrue a total of 70 points to be eligible for a Skilled Worker visa. The applicable 70 points threshold for a Skilled Worker visa comprises 50 points for mandatory or ‘non-tradeable’ criteria (i.e., the job offer, English proficiency, and the required skill level for the job on offer), and 20 points for criteria classified as ‘tradeable’. Following a government announcement in December 2023, the minimum salary threshold for a skilled worker application will rise from 4 April 2024 for most applicants by nearly 50% from £26,200 to £38,700. From 4 April 2024, under the new rules, the Skilled Worker visa salary threshold divides into two categories: the first threshold applies to new Skilled Worker applicants applying for their first Skilled Worker visa, and the second applies to existing Skilled Worker visa holders making new applications, such as extensions or changes of employer. Salary Threshold for New Skilled Worker Visa Applicants: From 4 April 2024, the salary threshold for most new applicants is £38,700. This is an increase on the previous £26,200. A lower, discounted threshold of £30,960 applies for roles listed on the new Immigration Salary List, or if the applicant is a new entrant to the labour market. Eligible applicants relying on a relevant PhD will now have to earn £34,830, and those relying on a relevant STEM PhD, the new minimum threshold is £30,960. Salary threshold for existing Skilled Worker visa applicants is £29,000 which applies from 4 April 2024 for existing Skilled Worker visa holders who are making new applications, such as extensions or changing their employer. Salary Threshold for Health and Care Workers: The salary threshold for Health and Care Worker visa holders is also increasing, and from 4 April 2024 will be £23,200 (up from £20,960) or the national pay scale for the role, whichever is higher. Workers applying for a role that is not on a national pay scale will have to meet a general annual salary threshold of £29,000. We detail specific requirements where a lower threshold may be available. These new thresholds apply when applying for a first Health and Care Worker visa or when extending permission. Skilled Worker Going Rates: Higher going rates reflecting the most recent UK salary data will apply to Skilled Worker applications made on or after 4 April 2024. Additionally, the new going rates have been set to include the minimum hourly rate requirement. Currently, this stands at £10.75 per hour for most applicants, but from 4 April, this separate requirement will be eliminated. From 4 April, roles in Table 1 will have a minimum hourly rate of £15.88, while roles in Table 2 will be set at £11.90. Sponsorship Requirement: Both the worker and their employer (i.e., the sponsor) must fulfil requirements to attain 20 mandatory points in relation to employment sponsorship. The sponsor must hold a valid sponsorship licence with an A rating. The sponsor must also have paid the Immigration Skills Charge. The Home Office will also look to determine if the vacancy and employment are genuine, i.e. that the sponsoring organisation has a genuine need for the job. The employer must assign the worker a valid Certificate of Sponsorship tailored to the role they are recruiting for. Certificate of Sponsorship Requirement: Before the worker can submit their visa application, their UK sponsor must first issue them a valid Certificate of Sponsorship (CoS) to confirm that the individual and role meet the sponsorship eligibility requirements. The CoS is a reference number that the Skilled Worker visa applicant will need to provide with their Home Office application. Only licenced sponsors can issue a CoS. There are two types of Certificate of Sponsorship: the defined Certificate of Sponsorship and the undefined Certificate of Sponsorship. 1. Undefined CoS are for either workers already in the UK with valid leave who are applying to switch into the skilled worker category from another immigration route, or those applying under one of the other visa routes from within the UK or overseas. 2. For Employers, the Defined CoS for skilled worker visa applications from abroad. Sponsors will need to apply for a defined CoS. This is a specific application to the Home Office, and details of the specific job and salary will need to be provided. Sponsors will need to apply for a
