The Skilled Worker visa allows people to come to the UK to do an eligible job with an approved employer. This visa replaced the Tier 2 (General) work visa. To qualify, Skilled Worker visa applicants must have a job offer from a Home Office-licensed sponsor and fulfil specific criteria set out by the UK's immigration rules. This visa is aimed at skilled workers who have a confirmed job offer in a specific skilled occupation - for example, a role that is on the UK's Immigration Salary List.

The eligibility criteria include a minimum salary requirement, which means that your expected pay must exceed a certain amount to ensure you can afford to live in the UK. There is also an English language requirement: a Skilled Worker visa applicant must demonstrate that they can read, write, speak and understand English to the B1 standard of the Common European Framework of Reference for Languages (CEFR).

These are not the only requirements that apply to the Skilled Worker visa. Requirements are strictly enforced, which means that you should consult a solicitor if you are concerned about your application. Your first step before applying should be to determine whether you need a visa and determine what type it should be - in some cases, other visa routes may be more suitable than the Skilled Worker visa, and this depends on your specific situation.

You will also need to check your eligibility for the visa. You must have a confirmed job offer and certificate of sponsorship from your employer. Your role must be on the UK's list of eligible occupations, and your employer must meet the relevant sponsorship eligibility requirements to act as your sponsor.

Once you receive the certificate of sponsorship, you will have three months to make your application. It is best to do this as soon as possible, as delays can arise in the process and, in some cases, interrupt your plans to move to the UK. At the same time, it is important to get this right. If you are denied a UK Skilled Worker visa, you can resubmit your application, but you will need to pay the application fee again. You will also need to address the reasons for the initial refusal in your new application. This is often more difficult than preparing your application carefully in the first place and ensuring you have met all of the necessary criteria.

When applying for the visa, you will also need to provide supporting documents. For example, you may need to submit documents that establish your identity, or information about your job offer. By working with the expert team at JMW Solicitors, you can be sure that your application is thorough and correct, and that you meet all the requirements for the type of visa you aim to secure. This will give you the highest chance of successfully receiving a Skilled Worker visa.

Once your application has been submitted, you must wait for a decision to be made and for your visa to be granted. This usually takes three weeks, but UK Visas and Immigration will contact you if they expect the approval process to take longer. This might happen if supporting documents need to be verified or for other reasons outside your control.

If your visa is granted, you will be permitted to work in the UK for a set period of time, usually up to five years. If it is refused, you can resubmit or, in some cases, appeal the decision. The refusal notice will provide details on why the visa was not granted. Before reapplying, you should ensure that you meet all the eligibility criteria, have all the necessary documents in order, and have rectified any issues that led to the previous denial. You should also speak to a solicitor at this stage, who will be able to help you with the process and advise you on whether or not there is scope for you to appeal the decision.

The Skilled Worker visa route is only one of the options available for migrants to move to the UK to live and work, and there are a number of other visas that work in a similar way but have different eligibility considerations. As such, working with a solicitor from the beginning of the process can ensure you choose the right UK visa route and give you the best chance of success in applying.

In many cases, a non-UK citizen can apply for a work visa while in the UK. To be eligible, you must be in the country under a valid visa in a different category that allows you to switch to a work visa. Certain visas, such as visitor visas or short-term student visas, typically do not permit switching to a work visa while inside the UK, and applicants in these cases would need to leave and apply from outside the country. However, the eligibility criteria for switching in this way can be confusing, and it can be difficult to know what you are legally permitted to do. 

While you can find information about visa applications online, the best approach is to speak to a member of JMW Solicitors' expert immigration team.

In order for a UK employer to be eligible to offer a certificate of sponsorship to a non-UK worker, they must apply for a sponsor licence. If you wish to do this, you must first check that your business is eligible - it must be a genuine organisation operating lawfully in the UK, and fulfil certain eligibility criteria. You must also make sure the roles you wish to fill are appropriate for sponsorship under the Skilled Worker route. This means that they appear on a government list of approved roles, and that they meet certain skill and salary thresholds.

Once you have determined that you are eligible, you must choose between a 'Worker' licence for long-term job offers or a 'Temporary Worker' licence for short-term employment. You must also appoint individuals within the organisation to manage the sponsorship process. You can find more guidance and information in our guide to applying for a sponsor licence.

The application process can be carried out online, although UK Visas and Immigration may conduct a compliance visit to ensure the business meets all its sponsorship duties. It is best to work with a solicitor to improve your chances of a successful application.