What is the Skilled Worker visa?
The Skilled Worker visa replaced the Tier 2 (General) visa on 1 December 2020, as part of the UK’s new points-based immigration system.
Skilled Worker Route
The UK Skilled Worker Route is designed to attract skilled professionals from around the world to work in the UK. This visa category requires applicants to have a job offer from a UK employer who holds a valid Sponsor License. The job must meet the appropriate skill level and offer a salary that meets the specified threshold. Additionally, applicants must demonstrate proficiency in the English language. The Skilled Worker Visa allows holders to live and work in the UK for up to five years, with the possibility of extension or applying for indefinite leave to remain. This route is pivotal in addressing skill shortages in various sectors and contributing to the UK’s economic growth.
What are the eligibility requirements for the Skilled Worker visa?
To qualify for the Skilled Worker visa, applicants must score at least 70 points under the points-based system. The points are awarded based on the following criteria:
- A valid job offer from a UK employer who holds a sponsor licence (20 points)
- A job at an appropriate skill level, which is at least RQF level 3 or equivalent (20 points)
- English language proficiency at level B1 or above (10 points)
- A salary that meets the minimum threshold, which is either £38,700 per year or the going rate for the occupation, whichever is higher (20 points)
- Additional points for having a job in a shortage occupation, a PhD in a relevant subject, or a PhD in a STEM subject (up to 20 points)
The job offer must be confirmed by the employer issuing a certificate of sponsorship (CoS), which is a unique reference number that contains information about the job and the applicant. The CoS must be assigned to the applicant before they apply for the Skilled Worker visa.
How to apply for the Skilled Worker visa?
The Skilled Worker visa application process varies depending on where the applicant is applying from. Applicants who are outside the UK must apply online and pay the application fee, which ranges from £610 to £1,408 depending on the visa duration and the type of service. Applicants must also pay the immigration health surcharge, which is £1035 per year, and provide biometric information (fingerprints and a photo) at a visa application centre in their country of residence. Applicants may also need to provide evidence of their identity, job offer, salary, English language ability, and financial situation.
Applicants who are already in the UK and have a valid visa that allows them to switch to the Skilled Worker visa must also apply online and pay the application fee, which is £704 or £1,408 depending on the type of service. Applicants must also pay the immigration health surcharge and provide biometric information at a UK post office or service point. Applicants may also need to provide evidence of their identity, job offer, salary, English language ability, and financial situation.
The Skilled Worker visa application can take up to eight weeks to process, depending on the type of service and the country of application. Applicants can check the status of their application online or contact the UK Visas and Immigration (UKVI) for updates.
What are the rights and responsibilities of the Skilled Worker visa holders?
The Skilled Worker visa holders have the right to work in the UK for their sponsoring employer, in the job that was specified in their CoS. They can also change employers or jobs, as long as they meet the eligibility criteria and obtain a new CoS from their new employer. The Skilled Worker visa holders can also bring their dependants (spouse, partner, and children under 18) to the UK, as long as they can support them financially and meet the relevant requirements. The Skilled Worker visa holders can also travel in and out of the UK, study in the UK, and access the National Health Service (NHS).
The Skilled Worker visa holders have the responsibility to comply with the conditions of their visa, such as working only for their sponsoring employer, in the job that was specified in their CoS, and reporting any changes in their circumstances to the UKVI. The Skilled Worker visa holders must also pay taxes and national insurance contributions, and register with the police if required. The Skilled Worker visa holders must also leave the UK when their visa expires, unless they have applied for an extension or switched to another visa category.
How to meet the sponsorship criteria
A guide for workers and employers who want to apply for employment sponsorship
What are the Sponsorship requirements?
To be eligible for employment sponsorship, you need to score at least 20 points based on the following factors:
- The employer who wants to sponsor you must have a valid sponsorship licence with an A rating.
- The employer must have paid the Immigration Skills Charge, which is a fee to help fund the UK’s skills and training system.
- The job you are applying for must be genuine and match your skills and qualifications.
- You must have a valid Certificate of Sponsorship from the employer that is specific to the role you are being hired for.
The Home Office will check these criteria when you apply for a visa or permission to stay under the sponsorship route.
How to get a certificate of sponsorship for a Skilled Worker visa
A certificate of sponsorship (CoS) is a reference number that confirms your eligibility for a Skilled Worker visa. You need a CoS from your UK sponsor before you can apply for your visa.
Certificate of Sponsorship requirement
Who can issue a CoS?
- Only UK employers who have a sponsor licence can issue a CoS.
- The CoS must show that you and your job role meet the sponsorship criteria.
What are the types of CoS?
- There are two types of CoS: defined and undefined.
- Defined CoS are for workers who are outside the UK and need to apply for a Skilled Worker visa.
- Undefined CoS are for workers who are already in the UK and want to switch to a Skilled Worker visa, or who are applying for another visa category that requires a CoS.
How to get a defined CoS?
- Your UK sponsor must apply for a defined CoS from the Home Office.
- Your sponsor must provide details of your job and salary in the application.
- The Home Office will decide whether to approve or reject the application.
- If approved, your sponsor will give you the CoS reference number that you need for your visa application.
How to get an undefined CoS?
- The Home Office allocates a number of undefined CoS to each sponsor every year.
- The number of CoS depends on the size and nature of the sponsor’s business.
- Your sponsor can assign an undefined CoS to you from their allocation.
- If your sponsor runs out of CoS, they can apply for more during the year.
- Any unused CoS will expire at the end of each 12 month period.
UK Skilled worker visa processing time
The UK Skilled Worker Visa processing time typically ranges from three to eight weeks, depending on various factors such as the applicant’s country of residence, the completeness of the application, and the volume of applications being processed by the UK Visas and Immigration (UKVI) at the time. Applicants who utilize the priority or super-priority services can expect faster processing times, with decisions often made within five working days or even 24 hours, respectively. It’s important for applicants to ensure all required documentation is submitted accurately and to stay updated on any changes to processing times through official UKVI channels.
UK Skilled worker dependent visa
The UK Skilled Worker Dependent Visa allows family members of Skilled Worker Visa holders to join them in the UK. Eligible dependents include the visa holder’s spouse or partner, and children under 18 years of age. To apply, dependents must provide proof of their relationship to the primary visa holder and meet specific financial requirements to demonstrate they can be supported during their stay in the UK. This visa grants dependents the right to live, work, and study in the UK, offering them a pathway to fully integrate into British society. Dependents can apply for extensions alongside the primary visa holder and may also qualify for indefinite leave to remain after a certain period, ensuring family unity while contributing to the UK’s workforce and community.
Sponsor Licence holder requirements
To obtain a Sponsor License in the UK, employers must meet several suitability requirements to ensure they are capable of fulfilling their sponsorship duties responsibly. These requirements include demonstrating a genuine need for the license to sponsor non-UK workers for specific job roles. Employers must provide evidence of their legitimacy, such as registration with the appropriate regulatory body, and show that they have appropriate HR systems in place to monitor sponsored employees effectively. Additionally, they must not have any history of immigration violations or unspent criminal convictions related to certain offenses. The organization must also appoint key personnel for managing the sponsorship process, including an Authorising Officer, Key Contact, and Level 1 User. Meeting these requirements ensures that employers can uphold their responsibilities, preventing abuse of the immigration system and ensuring compliance with UK immigration laws.
Compliance
Compliance visits by the Home Office are a critical component of the UK’s sponsorship system, ensuring that Sponsor License holders adhere to their obligations. During these visits, which can be announced or unannounced, Home Office officials review the employer’s practices and records to verify compliance with sponsorship duties. This includes checking the accuracy of employee records, monitoring systems, and adherence to immigration rules. Employers must demonstrate that they are fulfilling their responsibilities, such as tracking employee attendance, updating the Home Office about significant changes, and conducting right-to-work checks. Non-compliance identified during these visits can lead to penalties, including downgrading, suspension, or revocation of the Sponsor License. These visits are essential for maintaining the integrity of the sponsorship system, preventing abuse, and ensuring that sponsored workers are genuinely contributing to the UK workforce.
How to apply for a Skilled Sponsor Licence
Applying for a Skilled Worker Sponsor License involves several key steps. First, the employer must ensure they meet the eligibility criteria, including being a legitimate organisation operating lawfully in the UK and having appropriate systems in place to manage the sponsorship process. The application is submitted online through the UK Visas and Immigration (UKVI) portal, accompanied by a fee and supporting documentation such as proof of business registration, evidence of need for the license, and details of the key personnel involved in the sponsorship process. The employer must also appoint an Authorising Officer, Key Contact, and Level 1 User who will manage the sponsorship duties. After submission, the UKVI will review the application and may conduct a compliance visit to verify the information provided. Successful applicants will receive a license rating and can then begin issuing Certificates of Sponsorship to eligible workers, enabling them to apply for a Skilled Worker Visa.
Responsibilities
As a sponsor licence holder, the Sponsorship Management System (SMS) will become an integral part of your daily HR activities. It’s crucial to keep your licence up to date, as the Home Office has the authority to downgrade, suspend, or revoke it, potentially affecting the status of your current sponsored migrant employees and your future ability to recruit and employ sponsored migrants. During the application process, the Home Office will verify your ability to comply with sponsor licence duties, which include:
Record Keeping: Your organization must maintain records of sponsored workers, such as their current Right to Work documentation, National Insurance numbers (if applicable), and up-to-date contact details.
Monitoring and Reporting: You must track and monitor sponsored employees, reporting within 10 working days if the individual fails to start work as expected, has 10 consecutive days of unauthorised absence, terminates their contract earlier than anticipated (e.g., resignation), or moves to another immigration category. Additionally, you must report any suspicions or evidence that an individual is breaching their stay conditions in the UK.
Absence Monitoring: Ensure all absences of sponsored employees are authorised, including those for sickness, annual leave, study leave, and overseas travel.
Duty to Notify: Inform the Home Office of any address changes. Unannounced site visits are common, requiring up-to-date addresses for inspections. You must have an Authorising Officer in place at all times. If the current officer leaves, relocates overseas, or goes on sabbatical or maternity leave, you must appoint a replacement and update this on the SMS.
Internal Records and Updates: While details of UK branches are not published on the SMS, you need to maintain internal records and update them whenever a branch opens or closes. It’s best practice to inform UKVI whenever a linked overseas entity is established or closed.
Reporting Significant Changes: Notify the Home Office of significant company changes, such as takeovers, acquisitions, mergers, and TUPE transfers, within 28 days, as these changes can have complex implications for your licence.
Home Office Inspection
A pre-licence Home Office site inspection is a crucial step in the process of obtaining a Sponsor Licence. During this inspection, Home Office officials visit the applicant’s business premises to verify the legitimacy and readiness of the organisation to meet sponsorship responsibilities. Inspectors will review HR systems, record-keeping practices, and procedures to ensure compliance with sponsorship duties, such as maintaining accurate records of sponsored employees, monitoring their immigration status, and reporting any changes or issues promptly. The officials may also interview key personnel to assess their understanding of their roles and responsibilities. Successfully passing this inspection is essential for demonstrating that the organisation has the necessary infrastructure and processes in place to effectively manage and support sponsored workers, thereby increasing the likelihood of being granted a Sponsor Licence.
Immigration Skills Charge
The Immigration Skills Charge (ISC) is a levy imposed on UK employers who sponsor migrant workers under the Skilled Worker route or certain other visa categories. Introduced to encourage investment in the domestic workforce, the ISC aims to mitigate the impact of hiring foreign workers on the UK job market. Employers are required to pay this charge when they assign a Certificate of Sponsorship to a worker, with the amount depending on the size and type of the organisation and the length of employment stated in the certificate. Small businesses and charities pay a reduced rate compared to larger organisations. The revenue generated from the ISC is used to fund training and development initiatives for UK residents, helping to address skill shortages and promote the upskilling of the local workforce. Failure to pay the ISC can result in penalties and impact the employer’s ability to sponsor workers in the future.