Skilled Worker Visa

The Skilled Worker visa allows employers to recruit non-UK resident workers for certain eligible, skilled roles.

The visa is open to individuals who attain 70 points by meeting specific requirements such as skill and salary level, English language ability and having a qualifying job offer from a UK sponsor.

The Skilled Worker visa makes provision for spouses, ‘durable’ partners and dependent children to apply to join the main visa applicant in the UK, and is also a route to settlement and Indefinite Leave to Remain.

The rules and requirements for the Skilled Worker visa route are set out in a new Appendix Skilled Worker. Under this route, applicants will need to accrue a total of 70 points to be eligible for a visa, including EEA nationals recruited from outside the UK after 1 January 2021 and who are not eligible for status under the EU Settlement Scheme.

The applicable 70 points threshold for a Skilled Worker visa is made up of 50 points for mandatory or ‘non-tradeable’ criteria (ie; the job offer, speaking English and the requisite skill level for the job on offer), and 20 points for what’s classed as ‘tradeable’ criteria.

To determine if the job is eligible for the Skilled Worker route, the sponsor should identify the relevant SOC code for the role. This is usually done using the ONS occupation coding tool. The job description on the list should match the position being filled.

Once the code has been identified, this will need to be cross-referenced with the list of eligible jobs to check that it is included and is eligible under the Skilled Worker route.

The Home Office can refuse the visa application is the incorrect SOC code is used.

Roles that fall below the required skill level of below RQF3, which is the equivalent of an A-level, will not be eligible for the skilled visa route.

Although alternative immigration routes may be considered, there is no general work permit or immigration routes for ‘low skilled’ workers or occupations below this level.

The Skilled Worker visa general minimum salary threshold is £25,600 per year, unless the ‘going rate’ for the particular role is higher. Every occupational code is assigned a going rate.

The salary level must be calculated by the hour and not just annually. Minimum pay can be no less than £10.10 per hour, even if the annual salary is above the required level.

In some cases, where the job on offer will pay less than the general salary threshold or specific salary requirement for that role – but no less than £20,480 – the applicant may still be eligible to apply for a Skilled Worker visa by trading specific characteristics against a lower salary to attain the required number of points.

A new entrant is someone who is under 26 on the date they make their application and is applying for a maximum period of 3 years’ leave as a skilled worker, those sponsored in postdoctoral research positions, those in professional training or studying for professional qualifications, registration or chartered status or a recent graduate, or in professional training.

The salary requirement for new entrants is 30% lower than the rate for experienced workers in any occupation, even though the minimum of £20,480 must still be met. There are also different minimum salary rules for workers in certain health or education occupations.

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.

Most Skilled Worker visa applicants will need to prove they meet the English language requirement, unless they have already done so as part of a previous UK immigration application or if they are a national of one of a number of exempt countries.

Unless exempt, language ability must be evidenced by either having a GCSE, A level, Scottish National Qualification level 4 or 5, Scottish Higher or Advanced Higher in English; having a degree-level academic qualification that was taught in English; or passing an approved Secure English Language Test (SELT).

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.

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 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 their costs of up to £1,270 during their first month in the UK.

The sponsor should 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’.

Additional funds will be needed if dependants are applying.

Some applicants may also need to show a criminal records certificate, if their occupation requires this.

Skilled Worker Visa requires deep understanding of Home Office requirements, and it can involve a lot maintenance work. J & S Law Firm are experienced UK immigration specialists offering guidance and support to individuals in relation to their UK immigration status and making Home Office applications. We can advise on the eligibility criteria you will need to evidence and the process you will need to follow for your application. With over decades of experience, we always provide rock-solid support to our clients and help them achieve their goal efficiently and smoothly.

In order to qualify for a Scale-up Visa via an Unsponsored Application, you will need to satisfy UK Visas and Immigration that:

In either case, the exact requirements you will need to satisfy may vary depending on your circumstances.

In order to obtain a Scale-up Visa via a Sponsored Application you will need to have a valid Certificate of Sponsorship for the job you are planning to do. Your Certificate of Sponsorship will need to have been issued by an employer that is authorised by the Home Office to sponsor a Scale-up Worker.

To register as a Scale-up Sponsor, your employer will need to demonstrate that they have had an annualised growth of at least 20% for the previous 3-year period in terms of turnover or staffing. Companies will also need to have had a minimum of 10 employees at the start of this 3-year period.

Your sponsor must be listed as A-rated on the Home Office’s register of licensed sponsors.

Once a Scale-up Sponsor has an A-rated licence, they can issue a CoS and sponsor you for 6 months in an occupation skilled to at least RQF level 6, with a salary that is equal to or exceeds: £33,000 per year, the going rate for the occupation code and £10.58 per hour.

Your Certificate of Sponsorship must have been issued not more than 3 months before the date of your Scale-up Visa Sponsored Application.

Your Certificate of Sponsorship must include certain mandatory information, including:

In order to obtain a Scale-up Visa via a Sponsored Application, the salary for the job you are being sponsored for must equal or exceed both £33,000 per year, £10.58 per hour and the ‘going rate’ for the job (as set out in the relevant occupation code mentioned above).

The assessment of salary is based on guaranteed basic gross pay (up to 48 hours per week) and does not include any other pay or benefits.

Once the Scale-up Visa route opens, the Home Office will publish a list of going rates for eligible Scale-up Visa occupation codes. The going rates stated will be based on a 37.5-hour working week and must be pro-rated for other working patterns.

If you are granted a Scale-up Visa on the Sponsored Application route then you will be granted entry clearance or permission to stay for a period of 2 years.

If you are granted a Scale-up Visa on the Unsponsored Application route then you will be granted entry clearance or permission to stay for a period of 3 years.

In order to qualify for indefinite leave to remain as a Scale-up Worker you will need to satisfy UK Visas and Immigration that:

As Scale-up worker route is a relative new route in the UK, you might need to be advised by immigration lawyer to get an ideal result. J & S Law Firm are experienced UK immigration specialists offering guidance and support to individuals in relation to their UK immigration status and making Home Office applications. We can advise on the eligibility criteria you will need to evidence and the process you will need to follow for your application. With over decades of experience, we always provide rock-solid support to our clients and help them achieve their goal efficiently and smoothly.