ArticleSkilled Worker Visa: Work and Settle in the UK

The UK has long been a sought-after destination for international professionals looking to further their careers. With the introduction of the Skilled Worker Visa in 2021, the UK Government revamped its immigration system to attract global talent, replacing the former Tier 2 (General) Visa. This new route not only opens doors to a wider pool of skilled workers but also streamlines the process for employers and applicants. Here’s an in-depth look at this pivotal visa category, its requirements, and the opportunities it offers.

What is the UK Skilled Worker Visa?

The Skilled Worker Visa is a long-term visa that allows international professionals to work in the UK for licensed employers. Unlike its predecessor, this visa has lowered the skill threshold to include roles equivalent to RQF Level 3 (A-level standard), broadening its scope to attract talent across industries. It’s a versatile option for workers in sectors ranging from healthcare to technology.

The visa can initially be granted for up to five years, depending on the duration of your Certificate of Sponsorship (CoS). Importantly, the visa ties you to your sponsoring employer. Changing roles or employers requires a new application under this route.

Beyond the initial grant, visa holders can extend their stay, and after five years of continuous residence, they may apply for Indefinite Leave to Remain (ILR). This path paves the way to British citizenship, offering a route to permanent settlement in the UK.

How the Skilled Worker Visa Differs from the Tier 2 Visa

The Skilled Worker Visa introduces several advantages over the Tier 2 system, making it more accessible and practical for applicants and employers alike:

• Lower Skill Threshold: Reduced from RQF Level 6 to RQF Level 3, opening eligibility to a wider array of occupations.
• No Resident Labour Market Test (RLMT): Employers no longer need to prove that the role cannot be filled by a local worker.
• No Cap on Visa Numbers: There’s no annual limit on the number of visas issued, encouraging more applications.
• No Cooling-Off Period: Workers can apply for a new visa immediately after leaving the UK, bypassing the previous one-year waiting period.
• Eligibility for New Entrants: Recent graduates and young professionals are welcomed under special provisions.

Eligibility Requirements for the Skilled Worker Visa

To secure a Skilled Worker Visa, applicants must meet specific criteria. These include:

1. A Valid Job Offer
   The role must be offered by a Home Office-approved licensed sponsor and listed as an eligible occupation. Your employer must provide a Certificate of Sponsorship (CoS) detailing the role, salary, and other specifics.
2. Skill Level
   The role must align with RQF Level 3 or above. While formal qualifications aren’t always necessary, your skills must match the required level.
3. Minimum Salary Threshold
   • Standard: £38,700 annually or the “going rate” for your occupation, whichever is higher.
   • Exceptions: Lower salary thresholds may apply for those under 26, STEM PhDs, postdoctoral researchers, or roles in education and healthcare.
4. English Language Proficiency
   Applicants must demonstrate their English skills via a recognized test, academic qualifications, or exemption based on nationality.
5. Financial Stability
   Evidence of £1,270 in personal savings is required unless your employer certifies your maintenance.
6. Criminal Record Check
   Certain roles, especially those involving vulnerable populations, require a clean criminal record certificate.
7. Tuberculosis Test Results
   This applies to applicants from countries where TB testing is mandatory.

Application Process

The application process, while streamlined, involves several steps:

1. Secure a Job Offer
   Ensure your employer is on the list of licensed sponsors and the role meets the criteria.
2. Gather Supporting Documents
   Key documents include your CoS, passport, financial evidence, and proof of English proficiency.
3. Submit Your Online Application
   Complete the online form via the UK Government website, pay the visa fee and Immigration Health Surcharge (IHS), and upload your documents.
4. Biometric Information
   Attend a visa application centre or use the UKVI mobile app to provide your photo and fingerprints.

Processing typically takes three weeks for applications outside the UK.

Extensions, Switching Roles, and Settlement

Extensions:
You can extend your Skilled Worker Visa as long as you remain in the same role with your sponsoring employer. Extensions are unlimited, provided the eligibility criteria are met.

Switching Roles or Employers:
If you plan to change employers or roles, you must apply for a new visa. This includes changes in occupation codes or switching from a shortage occupation to a non-shortage role.

Settlement (ILR):
After five years on a Skilled Worker Visa, applicants can apply for ILR if they meet the continuous residence requirement and remain employed in an eligible role. ILR exempts holders from future visa applications and the Immigration Health Surcharge. Citizenship may follow one year later.

Final Takes

The Skilled Worker Visa represents a significant step forward in modernizing the UK’s immigration system. By lowering barriers, removing bureaucratic hurdles, and expanding opportunities, the scheme ensures the UK remains a top destination for global talent. For professionals, it offers not just career advancement but also a pathway to permanent residence and citizenship.

Whether you’re an employer looking to hire international talent or an applicant eager to build a future in the UK, navigating this process can be complex. Seeking expert legal advice ensures you maximize your chances of success. For tailored advice, contact a trusted immigration solicitor.