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 defined CoS. This is a specific application to the Home Office, and details of the specific job and salary will need to be provided. UKVI allocates undefined CoS to sponsors on an annual basis. The number of CoS will depend on factors such as the size of the sponsor’s workforce and nature of the business. It is also possible to apply for additional undefined CoS during the year.
Skilled Worker Visa Skill Requirement:
Skilled worker visa holders can only work in certain eligible roles. To be eligible, the role must be at RQF level 3 or above. This is the equivalent of a UK A-level. Any roles considered to be lower than this will not qualify under the skilled worker visa requirements.
When assessing roles for skilled worker visa eligibility, the Home Office uses ‘Standard Occupation Codes’ (SOC). The SOC codes assign four-digit numbers to a broad range of job roles. Note that eligible job codes are changing from 4 April as the Home Office changes from the 2010 to 2020 SOC code system.
To determine if the job is eligible for the Skilled Worker route, the sponsor needs identify the relevant SOC code for the role. Once you identify the code, you’ll need to cross-reference it with the list of eligible jobs to ensure its inclusion and eligibility under the Skilled Worker route. Additionally, you’ll determine the expected salary, considering the weekly working hours.
Employers must not use an unsuitable job code, or exaggerate the requirements of a role to fit into a SOC code, for example, to make the role seem more highly skilled and therefore eligible.
The Home Office may request additional information about the role to address concerns regarding the use of an incorrect SOC code. This would involve submitting additional evidence that the applicant has the required skills and experience for a role in the relevant SOC code.
In cases where there has been a genuine error in selecting the wrong code, it can usually be corrected.
If the caseworker determines that the job being recruited for or the applicant’s skills and experience do not match the relevant SOC code and skill level requirement, the Home Office can refuse a Skilled Worker visa application.
English Language Requirement:
The required level of English is a minimum level B1 on the Common European Framework of Reference for Languages scale for reading, writing, speaking and understanding English. And to fulfil the language requirement, applicants must complete a UKVI IELTS test and achieve the minimum score across all four subjects. Unless exempt, they must demonstrate language ability by possessing either a GCSE, A level, Scottish National Qualification level 4 or 5, Scottish Higher, or Advanced Higher in English; holding a degree-level academic qualification taught in English; or passing an approved Secure English Language Test (SELT).
Most Skilled Worker visa applicants must prove they meet the English language requirement, unless they have already done so as part of a previous UK immigration application, completed a degree taught in English, or are nationals of one of several exempt countries.
Financial Maintenance Requirement:
The applicant must show they meet the financial requirement and have sufficient funds to support themselves as they will not have access to public funds such as benefits.
The rules state applicants must have at least £1,270 in their bank account when applying this is for the main applicant only. This amount must have been available for at least 28 consecutive days, with day 28 being within 31 days of making the visa application. The applicant will need to provide evidence of their savings, unless they have been in the UK for 12 months with lawful status, or if their sponsor agrees to meet the maintenance of up to £1,270 during their first month in the UK.
If dependants are applying, the partner of the principal applicant must demonstrate funds of £285, and an additional £315 must be shown for the first dependent child applicant. For each additional child, the financial requirement must be met by demonstrating funds of £200 per child. For example, a Skilled Worker visa with a spouse and three children would need to show maintenance funds of at least £2,270 (=£1,270 + £285 + £315 + £200 + £200).
The sponsor will need to confirm on the Certificate of Sponsorship that they will meet the financial requirement by under ‘sponsor certifies maintenance’ section on your certificate. This is under ‘Additional data’.
Background Check Requirement:
Some applicants may also need to show a criminal records certificate, if their occupation requires this, inline with Home office guidance the criminal record check should cover 10 years. Criminal record certificate from any country they have lived in for 12 months or more in the last 10 years, when they will be working in either the education, health or social care sector in the UK.
Healthcare Professionals:
Healthcare professionals looking to work in roles in the UK health or adult social care sector should instead look at the Health and Care Worker visa. This route is specifically designed for health sector occupations such as qualified nurses, doctors, adult social care professionals and many other healthcare professionals. It offers a number of benefits to visa holders over the Skilled Worker visa, such as a lower application fee and exemption from the Immigration Health Surcharge.
Specific eligibility criteria apply for the Health & care worker visa, with only certain roles eligible under this route, as specified on the Home Office Immigration Salary List. The List is, however, subject to change, and sponsors and workers are advised to double check that a role continues to be eligible when making an application.
How To Apply for a Skilled Worker Visa:
To apply for a Skilled Worker visa, the applicant will need to submit an online application, together with their supporting documentation, and pay the correct visa fee and the corresponding NHS Surcharge. Applications can be made up to 3 months before the day the worker’s intended employment start date in the UK, as stated on the Certificate of Sponsorship.
The applicant will need to submit an online application within three months of being assigned their Certificate of Sponsorship. Each certificate has a unique reference number that they will need to apply.
They will also be required to attend an appointment at a visa application centre to enrol their biometric information and to submit various documents in support. If you are a European citizen this can now be completed on the UKVI ID app, or if you are in the UK with a valid BRP (Biometric Residence Permit).
Skilled Worker Visa Supporting Documents:
Along with the application form, the applicant will also have to compile and submit documents to evidence their identity and eligibility. Depending on where the application is being made – in the UK or overseas – the applicant will either have to use the UK Government’s ‘UK Immigration: ID Check’ app to submit the ID document, or submit biometric information (fingerprints and a photograph) at a UKVCAS centre.
The applicant will also need to provide the following supporting documents:
Their Certificate of Sponsorship reference number, as assigned by their sponsor
The sponsor’s name and sponsorship licence number
Confirmation of job title
Confirmation of annual salary for the job
Job occupation code
A current passport or other travel document to prove they can travel
Expired passports or travel documents to show their travel history
In addition, it may also be necessary to provide additional documents depending on your specific circumstances, such as:
Proof of personal savings, where applicable
Proof of knowledge of English, where applicable
Tuberculosis test results if from a listed country
Evidence of relationship to any dependants also applying
Valid ATAS certificate, where applicable
UK PhD certificate, or ECCTIS reference number, where applicable
Applicants from outside the EU, Switzerland, Norway, Iceland or Liechtenstein, and those from the EU, Switzerland, Norway, Iceland or Liechtenstein but do not have a chipped biometric passport, must also have a blank page on their passport.
The Home Office will assess their application on the basis of how many points they have accumulated under the points-based system.
It is important to note that the offer of a genuine job with a valid certificate of sponsorship does not guarantee the successful grant of a Skilled Worker visa. The prospective employee must still meet all the other relevant criteria. The Home Office will also consider any general grounds for refusal, including any relevant criminal history or previous immigration violations.
Skilled Worker Visa Processing Times:
If applying from within the UK, skilled worker visa applicants generally wait up to 8 weeks, or up to 3 weeks if applying from outside the UK. Depending on the processing location, applicants may have the option to pay for fast-tracked processing.
How Long Does a Skilled Worker Visa Last?
The UKVI typically grants the skilled worker visa for up to 5 years. At this point, the visa holder would need to apply to extend the visa or on completing the 5 year residency requirement, they may become eligible to apply for UK indefinite leave the remain. Workers can extend the Skilled Worker visa an unlimited number of times, as long as they continue to meet the visa requirements.
Changing Jobs or Employer As a Skilled Worker:
If the visa holder changes sponsor or jobs, they will need to apply for a new period of leave, before starting at their new Sponsored employer.
Skilled Worker Visa Requirements for Employers:
If you are planning to hire a non-UK resident under the UK’s points-based system, you may need to apply to the Home Office for a sponsorship licence. UK employers require this permission to sponsor overseas nationals for a visa to work in the UK in a specific role within an eligible skilled occupation.
Employers do not need to have a licence to hire someone with an existing right to work in the UK that allows them to do the job in question, such as those with valid settled status under the EU settlement scheme, those holding indefinite leave to remain or anyone with British citizenship.
To be eligible for a Skilled Worker sponsor licence the organisation must provide evidence that it is a genuine organisation operating lawfully in the UK, and that it is suitable to sponsor skilled migrant workers. In assessing suitability, UK Visas and Immigration (UKVI) will consider if:
The organisation can offer genuine employment in the UK that meets the required skills threshold of RQF3 or above and pay the relevant minimum salary threshold.
The organisation is capable of meeting the sponsorship duties, where they have in place adequate HR systems and practices, and suitable key personnel, to do so. The key personnel are the people who will operate the sponsor management system (SMS), and be responsible for discharging the duties as a licensed sponsor.
The organisation, its key personnel and management are honest, dependable and reliable, where any history of immigration violations or relevant unspent criminal convictions relating to those involved in the day-to-day running of the business, or the key personnel named on the sponsor licence application, could affect its ability to sponsor overseas workers.
Switching To The Skilled Worker Visa:
In many circumstances, it’s possible to switch to the Skilled Worker route from within the UK, provided certain conditions are met. The rules will largely depend on the type of visa the individual is switching from. For example, student visa holders must generally have completed their studies before they can switch to a Skilled Worker visa, unless the job starts after the course has been completed or they have been studying on a PhD course for at least 24 months.
Switchers must still meet all of the Skilled Worker eligibility requirements. It is not possible to switch into the Skilled Worker if an individual is currently in the UK with status under any of the following:
Visit Visa
Short-Term Student Visa
Parent of a Child Student Visa
Seasonal Worker Visa
Domestic Worker in a Private Household Visa
Permission to Stay Outside the Immigration Rules
Immigration Bail
Taking on Additional Work with a Skilled Worker Visa:
There are specific rules governing whether someone with a Skilled Worker visa can take on a second job or earn supplementary income to their sponsored role. If still employed and fulfilling their main sponsored role, skilled worker visa holders may engage in additional work, including voluntary work. The additional role can be for up to 20 hours a week and must be either in the same occupation code and job level as their main sponsored job, or be a role that is on the Shortage Occupation List.
If the worker fails to meet either of these two conditions, they should notify the Home Office to request an update to their visa to include sponsorship for both jobs. To do this, the worker will need a Certificate of Sponsorship from their second employer and an accompanying letter requesting to vary the terms of the current visa.
Need assistance with a Skilled Worker visa application? We can help.