JMW Solicitors does not offer services related to finding employment in the UK. If you are looking to speak to a solicitor about any legal matters concerning an immigration application, contact us today.
Skilled Worker Visa
The Skilled Worker visa has replaced the Tier 2 (General) work visa. The visa permits eligible applicants with a job offer from an approved sponsor to fill a gap in the workforce that cannot be filled by a UK resident.
As specialists in UK immigration law, JMW Solicitors can offer clients a full service that includes advice and assistance with a Skilled Worker visa application. With offices located in the heart of central London, Manchester and Liverpool, we can assist clients based in the UK as well as those overseas.
We regularly assist human resources teams and employers with this type of visa, and are well-positioned to successfully and expeditiously manage these applications thanks to our connection with the Home Office and visa-issuing posts worldwide.
If you would like to know more about the Skilled Worker visa application process, get in touch with our expert immigration solicitors today by calling 0345 872 6666, or fill in our online enquiry form and we will get back to you.
How JMW Can Help With Your Skilled Worker Visa Application
The UK government has laid down stringent requirements in relation to these applications, which must be met. Applications must be made via a specified form, including payment of the correct Home Office fees.
Our experienced team of immigration solicitors will prepare all necessary documentation and liaise with the Home Office regularly to ensure a successful outcome. We can also help employers to ensure they understand the process and have correctly assigned a Certificate of Sponsorship to any migrant worker.
Assigning a Certificate of Sponsorship is a crucial part of a visa application, and it is essential to make sure it is done correctly, with the correct information being provided; otherwise, an application may be refused by the Home Office.
JMW is a top 100 UK law firm with over 500 employees and offices in London, Manchester and Liverpool. We have an exemplary track record of excellent legal services, and are recognised in the legal sector as one of the leading full-service law firms in the UK. We provide the high professional standards that you would expect from an established law firm, and also retain the client accessibility more typical of smaller firms.
Skilled Worker Visa Eligibility
To secure permission to enter or remain as a Skilled Worker, the applicant must have:
- A job offer from a UK employer who has been approved by the Home Office as a qualified sponsor (holds a sponsor licence)
- A Certificate of Sponsorship from that employer that details the role
- An appropriate salary (ranges from £23,200 depending on the role and attributes of the worker)
- An understanding of the English language at CEFR level B1
- Sufficient maintenance funds to cover the costs of living in the UK
Skilled Workers can only be employed in positions recognised by the Home Office as suitable for sponsorship; these are generally positions at RQF level three (A Level) or above, although some lower skilled roles are also suitable for sponsorship.
Hiring a Skilled Worker
In order to employ a Skilled Worker, there are certain requirements that must be met with points scored. An applicant must score 50 mandatory points against the following criteria:
- An offer of a job by a Home Office-approved sponsor - 20 points
- The job must be at an appropriate skill level - 20 points
- The ability to speak English at a required level - 10 points
In addition, there are up to 20 tradeable points.
What is the minimum salary for a skilled worker visa?
For those sponsored as a Skilled Worker since 4 April 2024, the general minimum salary that a Skilled Worker visa applicant must receive is £38,700, or the 'going rate' specified in the 2020 Standard Occupation Classification (SOC) for the role. In certain circumstances, depending on the role being undertaken and the particular characteristics of the proposed Skilled Worker, the general salary threshold and going rate can be reduced. This is summarised on the below table:
| Option | Requirements |
|---|---|
| A - Standard Skilled Worker | The applicant's salary equals or exceeds both: £38,700 per year and 100% of the going rate for their SOC. |
| B - Relevant PhD | PhD in a subject relevant to their job and the applicant’s salary equals or exceeds both: £34,830 per year and 90% of the going rate of their SOC. |
| C - Relevant STEM PhD | PhD in a science, technology, engineering or mathematics (STEM) subject relevant to their job and the applicant’s salary equals or exceeds both: £30,690 per year and 80% of the going rate for their SOC. |
| D - Immigration Salary List Role | Job is in the Immigration Salary List and the applicant’s salary equals or exceeds both: £30,960 per year and 100% of the going rate for their SOC. |
| E - New Entrant | The applicant is a new entrant to the labour market and their salary equals or exceeds both: £30,960 per year and 70% of the going rate for their SOC. |
| K - Listed health or educational occupation | The job is a listed health or education occupation and the applicant’s salary equals or exceeds both: £23,200 per year and the going rate for their SOC. All health or education SOCs can only be awarded points from option F. |
Note that different salary levels apply to those who were issued a Skilled Worker visa prior to the Immigration Rule change on 4 April 2024; these salaries range between £23,200 and £29,000, with different going rates also applying to these applications.
FAQs About Skilled Worker Visas
Eligibility and Applications
Is my job skilled enough for a Skilled Worker visa? How do I find out?
Not all jobs are eligible for Skilled Worker sponsorship. To be eligible for a Skilled Worker visa, your job role must be skilled to at least RQF level 3, which is the equivalent to A-levels. The role will also need to be matched to an occupation code which is suitable for sponsorship.
It can be difficult to determine your job role’s skill level, particularly if it doesn’t ‘sit’ clearly within a specific SOC code; however, we can assist in this determination.
Can I receive a bonus on top of my salary?
Generally, allowances and bonuses that are guaranteed can be included; however, performance-related bonuses cannot. The Home Office will only consider guaranteed basic gross pay when awarding points for minimum income.
Does an English degree count as proof for a Skilled Worker visa application?
If you have an English degree from the UK, you can provide this as proof of your English language knowledge. If you have taken an English degree that was taught in a different country, you will either need to apply to UK NARIC to confirm that it is equivalent to a UK degree and was taught in English, or pass a relevant English test.
Can I use an English language test I passed a couple of years ago as proof in my application?
If you have taken a recognised English language test in the last two years, it may be used as proof in your Skilled Worker visa application. To successfully claim points for English language knowledge, you need to take an approved English language test that features on the UK government’s website.
How long does a Skilled Worker visa application take to process?
Processing times can vary depending on whether an application is made in the UK or abroad. Applications submitted within the UK under the standard service can take an average of eight weeks to be processed. The priority service can take either five working days or 24 hours, depending on which service you opt for, from the date of the biometric enrolment appointment.
When applying from abroad, the processing times vary from country to country; generally, decisions are issued within three weeks. The five-day and 24-hour priority services are available to overseas applicants.
Families and Dependents
Can family members join a Skilled Worker visa migrant as dependents?
If a Skilled Worker visa application is successful, dependent family members can seek permission to join you in the UK or to further remain with you. Examples of dependants include children under the age of 18, a husband/wife, a civil partner, an unmarried partner or same-sex partner.
Note that since 11 March 2024 Care Workers and Senior Care Workers have not been able to sponsor their family members to join them in the UK. This provision only applies to the Care Workers and Senior Care Workers who have been granted entry clearance or permission to remain under the Rules in force since 11 March 2024.
Can dependants work while in the UK?
Dependants are allowed to work in the UK and can undertake self-employment and voluntary work. They cannot, however, work as a professional sportsperson or sports coach. Also, children are permitted to attend state schools in the UK.
Making Changes to a Skilled Worker Visa
Can I switch jobs on a Skilled Worker visa?
The Skilled Worker visa only grants you permission to work for the employer that originally sponsored your application. If you wish to switch jobs to a new employer or to a different occupation code, you will need to apply to update your Skilled Worker visa.
Can I get a second job with a Skilled Worker visa?
You are allowed to get a second job (and undertake supplementary employment) subject to the following restrictions:
- The second job must be carried out for no more than 20 hours per week, outside of your sponsored work, and you must continue to work for the sponsor in the job outlined on your Certificate of Sponsorship
- The second job role must be in the same SOC code as your sponsored role, be on the Immigration Salary List, or be in any Occupation Code that is suitable for sponsorship as a Skilled Worker
Additionally, you are able to engage in voluntary work.
If the second job does not meet the above requirements, you will need to obtain sponsorship in the same way as your primary role.
Can I change from a student visa to a Skilled Worker visa?
If you have completed either a bachelors, masters, postgraduate certificate in education, professional graduate diploma of education, or 12 months of study towards a PhD in the UK under your most recent grant of leave as a student, you could be eligible to apply for a skilled worker visa from within the UK.
Can I apply for a skilled worker visa if I haven’t completed my degree?
You can only switch from a Student visa if you have successfully completed your course, or have completed at least 24 months of a PhD; the Certificate of Sponsorship must have a start date no earlier than course completion (24 months of completion for a PhD). If you have been unable to successfully complete your course, you will need to make your Skilled Worker visa application from your country of residence.
Talk to Us
To make an application for a skilled worker visa, contact JMW’s immigration solicitors today by calling 0345 872 6666, or fill in our online enquiry form and we will get back to you
